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11-13-1967 - Regular Meeting - Minutes0 • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY -OF WEST, COVINA,. CALIFORNIA NOVEMBER 13, 1967. The regular meeting of the City Council was called to order by,Mayor Krieger at 7: 30 P.M. , in the -West Covina City Hall. The Pledge of Allegiance was led by Councilman Gillum. . The Invocation was given by Reverend Lee Thomas,- South -Hills Baptist. Church. ROLL CALL Present: Mayor Krieger,. Councilmen .Gillum, Nichols, Gleckman, and.Snyder (Arrived at 7:40 p.m.) A1so,Preserit: George Aiassa,City Manager H. , R.. Fast, Public Service Director Owen Menard,. Planning Director George'Zimmerman,;Ass't.. City. -Engineer Lela Preston, City. Clerk ..Richard, Terzian,.Ass't. City Attorney Ray Windsor,.Administrative Assistant APPROVAL OF MINUTES October 23, 1967 - Approved as corrected. Councilman Nichols: A correction on,Page 29, next to the last paragraph, the sentence should read - "I notice in the last year or two in our community there have been a number of smaller . commercial type zoning in or immediately. abutting residential areas in our community. " Mayor Krieger: On page 9 a statement attributable to the Public'Service 'Director, third from the bottom of the page, the word "reflects" should be"reverts. " On -Page 15, about the middle of the page,. statement by Mr. Aiassa, the word "enjoin" should be "join". Motion by Councilman .Gleckman, . seconded by: Councilman Gillum, and carried, that the' minutes of October 23, 19 67 , be approved as corrected. CERTIFICATE OF AWARD T.O TAMES FAHEY Mayor Krieger: It is my great pleasure Mr... Fahey to present to you this evening on behalf of the City of West Covina the following Certificate of Appreciation, which I would like to read into the record. . .A,Certificate of Appreciation awarded to James :Fahey, issued in appreciation of the assistance rendered by you as -a distinguished citizen of your community in that on September 30, 1967, you witnessed a traffic accident at the intersection -of Vincent and Badillo -Streets, and without regard for your - personal safety you removed the 'injured operator from his -flaming vehicle. It is E �C_ C. 11-13-67 .'Page -Two CERTIFICATE'OFAWARD TO TAMES FAHEY - Continued quite probable that had it not been for your courage the victim would have -lost his life, .Awarded this 13th day of November, .1967, signed by the Chief of Police, the City Manager, and myself as -Mayor. It gives me great pleasure to present this to you personally Mr..Fahey. CITY CLERK'S -REPORTS PROJECT- SP-67015 STREET IMPROVEMENTS HOME: SAVINGS & LOAN APPROVED LOCATION: Amar Road east of Azusa Avenue. Accept street improvements. -Authorize release of The.. Western :Casualty and Surety -Company performance Bond. Motion by -Councilman .Gleckman, . seconded by. Councilman Gillum, and carried, that the City Council accept street improvements, and authorize the release of The Western Casualty and Surety Company performance Bond _No. 345494 in the amount of $50,000. -PROJECT SP-68003 STREET 'IMPROVEMENTS SULLY -MILLER .CONTRACTING CO. APPROVED LOCATION: East side of Vincent Avenue, Walnut Creek .-Parkway to Freeway. Accept street improvements. .Authorize release of Industrial Indemnity Company performance bond. Motion by Councilman Gleckman, seconded by Councilman .Gillum, and carried, that the City.Council accept street improvements, and authorize release of Industrial Indemnity Company performance -Bond No..YS6.27-4802 in the amount of $9,534.13. PRECISE .PLAN 476-R LOCATION: West side of Glendora Avenue, ..STREET .IMPROVEMENTS south .of Cameron Avenue. CORWIN C .. HOFFLAND and JAMES HODGES Accept. street improvements. .Authorize release of cash deposit. APPROVED Motion by. Councilman _Gleckman, seconded by Councilman Gillum,. and carried, that the City Council accept street improvements, and authorize the release of cash deposit in the amount of $300. .PROJECT SP-68018 LOCATION: North,,.Orange Avenue, east • STREET IMPROVEMENTS side, north of. Garvey Avenue. .APPROVED Review Engineer's 'report. ,.Approve plans and specifications for street improvements. Authorize City Engineer to call for bids. Motion by, Councilman,Gleckman, seconded by Councilman Gillum, .and .carried, that the -City Council approve plans and specifications for City.Project-SP-68018 and authorize the City Engineer to call for bids. - 2 C.. C. . 11-13-67 CITYCLERK' S REPORTS - Continued PROJECT SP-6503 RESOLUTION NO. 3694 ADOPTED Mayor Krieger: Page Three LOCATION: Northwesterly corner Mesa Drive and Barra nca Street. Review Engineer's report. .Accept grant of easement for slope purposes. The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF WEST COVINA ACCEPTING A .CERTAIN WRITTEN INSTRUMENT AND AND DIRECTING THE RECORDATION THEREOF. " There being no objections, waive further - reading of the body of said Resolution. Motion by Councilman .Gleckman, seconded by Councilman Gillum, that the said .Resolution be adopted by the City Council. .Motion .carried on roll call as follows: .AYES: Councilmen Gillum, Nichols, Gleckman, - Snyder, Mayor Krieger NOES: None ABSENT: None RESOLUTION NO. 3695 The City Clerk presented: '°A RESOLUTION OF THE. CITY. COUNCIL ADOPTED OF THE CITY:.OF WEST COVINA ACCEPTING A .CERTAIN WRITTEN INSTRUMENT AND DIRECTING THE. RECORDATION THEREOF. Mayor Krieger: There being no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum,. seconded by, Cou:ncilman:Snyder, that the City Council adopt said. Resolution covering the quit claim deed from. L.A. C.F. C. Motion carried on roll call as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Snyder, .Mayor Krieger NOES: None ABSENT: None ------------- RESOLUTION NO..3696 The City. Clerk presented: '°A RESOLUTION OF THE .CITY'COUNCIL ADOPTED OF THE CITY OF WEST COVINA„ CALIFORNIA, APPROV.I.NG CERTAIN SPECIFICATIONS FOR THE CONSTRUCTION OF 1964 STORM DRAIN BOND ISSUE PROJECT NO. 1114, UNIT 2, • IN THE CITY OF WEST COVINA, CALIFORNIA, AND AUTHORIZING USE .OF PUBLIC FUNDS FOR OPERATION AND MAINTENANCE OF THESE 'FACILITIES. Mayor Krieger: Hearing no objection, waive further reading of the body of said resolution. ®3- C.. C. 11-13-67 'Page Four CITY CLERKS REPORTS - Continued RESOLUTION NO. 3696 Continued .Motion by Councilman Gleck.man, seconded by. Councilman Gillum, that the City • Council adopt said Resolution.. Motion carried on roll call vote as follows- .AYES- Councilmen: Gillum, NOES- None ABSENT. None. PLANNING COMMISSION REVIEW ACTION OF NOVEMBER 1, 1967 Nichols, Gleckman,; Snyder, Mayor Krieger Action of the Commission reviewed orally by Mr. Menard, Planning Director. Mayor Krieger- Any question on the report of the PI anning Commission action of November 1, 1967 ? I would suggest that item C-12 - County, Zone Chan.ge'No. 5286(1) be held over untillater in the meeting. PLANNING COMMISSION RESOLUTION NO. 1995 - Read in full by Mr. Menard, Planning Director. . .Mayor Krieger: Mr. Terzian, as theAssistant City Attorney, is any action required by the Council in order to go forward with this recommendation in terms of, a public hearing? Mr.. Terzian, ,Ass°t. City Attorney. No. You can simply indicate your approval of the Planning. Commissions recommendation or express your disapproval Mayor Krieger- As far as the direction for the City Attorney to prepare an addition to the Zoning Ordinance - for this purpose is a public hearing necessary? Mr.. Terzian Ass't..City Attorney. Yes, that would be. .Our Ordinance does not provide for such hearings in just such a type of use, Councilman _Gleckman: Mr. Menard, prior to taking action on this particular u.sagg,..was this usagein effect? in other. words 'I notice the sale of Outdoor Firewood is already being permitted on the corner of Vincent and Walnut Creek Parkway - was it there prior to the time it came before the Commission? Mr. .Menard,.Planning Director: No, it was not. .However, it was brought to my attention today that the sale has commenced. • A request for service has gone in to investigate this. If'I am not mistaken, .I believe, .there was some confusion on the part of the individual. .I think he felt the'Planning Commission action was the final action. He has received a communication from myself, probably dated last Wednesday, that the action would not be final until it was approved by the Council. Councilman .Gillum: The, fencing looks like they are raising chickens instead of selling firewood. .Is there 0, ,Co Co . 11-13m67 Page Five - PIANNING COMMISSION - Continued anyway we can control this? I think it is unsightly. I don.°t think it belongs i.n that area or that type of business with that type of fencing around it. Mr.. Menard, Planning Director: I think this is one of the main reasons why the Planning Ccsnmission discussed it at consider- able length - the requirement.for a permit if the use is to be allowed. It would appear, that under the permit procedure control could be maintained over it and that the permit could be revoked if the particular site was not being maintained on a neat and orderly fashion with fencing, etc. etc. Councilman Gillum: Have you given any instructions in your communications informing these people that they are not quite ready to sell, firewood ? Mr. Menard,,Planning Director: Well the request for services will, needless to say, indicate to this individual that what he is doing at the moment: without ratification of the City, Council is not appropriate. Mayor Krieger, Mr. Aiassa, has this been called to the attention of the enforcement officer? It would appear from the opinion of the'Assistant: City Attorney that if the Council wishes to pursue this matter under the Resolution of the Planning Commission that we would have to schedule this matter for a public hearing m Mr. Terzian? Mr. Terzian,.Ass't...City Attorney: You can pass on the Resolution right now if you agree with the Planni.ng.Commission°s interpretation. .It is only if you want to amend the Ordinance so as to require a permit for this usage. Mayor Krieger: I am talking about the report which suggests that the City. Attorney prepare an addition to the Zoning ,Ordinance and .I assume from that recommendation that a hearing procedure is necessary. .The recommendation is first of all on whether or not the Council wishes to ultimately accomplish this objective and if so, we will have to notice it for a public hearing Councilman Gleckman: I: feel itshould be done by permit: and not just be allowed blanket in.C-3. I, too, am a little bit upset as to the aesthetic value on one of the main intersections in West Covina as to the type of usage we should allow there. Motion by, Councilman Gleckman, . seconded by. Councilman Gillum, that the City Attorney be -directed to prepare an addition to the Zoning Ordinance Section 9219.12 Item F, as suggested by the Planning. staff memorandum dated -November 7, 1967. .Mayor Krieger: Mr. Terzian, with respect to this • direction, can you follow this direction without a public hearing? Mr.,.Terzian,:Ass t. City Attorney: Any addition or amendment to the Ordinance 9219.12 appears has to be set for public hearing before the Planning Commission. Mayor Krieger: I would necessarily have to Yulethe motion out of order based on the opinion of the City Attorney that a hearing is necessary. There .:Co. Co 11-13-67 Page Six 0 0 .PLANNING COMMISSION m Continued are,,two particular steps to follow here, gentlemen - one is with regard to the Public hearing, the second ® whether the Council accepts the,interpretation or not Councilman Gleckman.: First of -all I don't accept the interpretation of. C-3 which would allow such .usages in than zone. That is my own opinion as a Coun cilma n Councilman Gillum. I am inclined to disagree with.Mr.. Gleckman because-1 think this does fall under the same areas stated in the Resolution. I was in attendance at the -Planning Commission meeting at that time and listened to the con- versation -and I feel it is allowable under C-3 according to the Resolution passed by the ,Planning.. Commission .but I am not happy -with the outcome of the whole thing Mayor Krieger•: The interpretation requires some action by the Council, or it doesn't bear any weight at all Councilman Gleckman: The thing:l object to is that the outdoor sale of firewood be considered as a normal use within the Cm3 zone. I.don't believe that should be allowed!a-s a normal use within the C-3 zone Mayor Krieger: Well are we really getting to the merit: of it when we are talking. about the first stage of it which is interpretation. It seems to me the Planning Commission recognizes the same defect when they are suggesting first. of all the interpretation as to zone and then a '-am.eadment-to the zoning. ordinance to require a permit procedure to be followed o Councilman .Gleckman: My only comment is that I can understand the outdoor sale of firewood be considered as a use that could only go in a C-3 zone, but the way it .is stated here as if it is a normal use in the C®3 zone and I don't think .it should be Mayor Krieger: Perhaps a motion framed in the manner in which the majority of the Council interprets this will accomplish this and let us go on. .Motion by. Councilman Gleckman, seconded by Councilman. Gillum, and carried, that a -Resolution of interpretation of the-C-3,Section of the Zoning, Ordinance recently made by the Planning:: Commission recommend that -outdoor sale of. firewood .be considered as a-useage'. which Gourd-be.iincluded within the C-3 zone. Mayor Krieger: Scheduling of a public hearing for the purpose of amending the zoning ordinance. ..This would have to be a direction 'to the --Planning Commission. • Motion by, Councilman ..Gleckman, seconded by,Councilman Gillum, that Council direct the Planning: Commission to hold a public hearing regarding their enacting a permit procedure in order to allow the sale of ;firewood:,Jn a- C-3 zone Councilman Snyder-, I didn't get in quite quick .enough on the discussion. .The Planning Commission might consider that in their recommendation they MCM C-C. 11-13-67 Page Seven ;PLANNING COMMISSION - Continued also recommend erecting temporary._ signs which I particularly at this time object to. They may come back with arguments in favor of Mayor- Krieger: • again. Councilman .,Snyder: Mayor Krieger. RECREATION AND PARKS COMMISSION First of all this is only for scheduling a public hearing before the Planning Commission, the matter would have to come before the Council I am aware of that:. I just wanted my remarks in the record For the purpose of clarifying the record are there any objections to this motion? (None) There being no objections, it is so ordered. REVIEW ACTION OF OCTOBER 24, 1967. Mayor Krieger: There,are a couple of items that require specific counoi-1 action. . Items 2 and 4, .Is there a discussion on .Item 2, which is the permanent restrooms for the Ridge Riders? A motion would be inorder. • Motion by Councilman Gleckman, seconded by Councilman .Gillum, and carried, that the c:..CitYi_ dssume the cost of the interior maintenance of the restroom facilities if a satisfactory arrangement can be made with the Ridge Riders for joint use of the restrooms by all recreational groups using the area. Mayor Krieger: Do we have any idea as to cost, Mr. Aiassa, for this interior maintenance? Mr. Aiassa,City Manager: This would be the same as all the other public restrooms in public parks - standard maintenance. ------------- Mayor Krieger- Item. 4 - Development Plan for Friendship Park. Is there any representative from the,Park .'Department present? Mr. .Aiassa„City Manager: No. .The only suggestion would like to make you remember the joint meeting you had with the ,Planning Commission - I think this should be referred to the Planning Commission for, their r•evi.ew and approval Councilman Gleckman. 0 Councilman .Nichols: Mr..Aiassa, . City Manager: So moved by Councilman Snyder,. seconded by We -are being asked to refer a plan someplace but we don.Bt have any plan. •I can't very well refer such a plan that I haven't seen., The procedure is normally for this to go to the Planning, Commission. I think you will get a recommendation from the -Planning Commission m7® . C. _ C. 1.1-13-67 Page Eight 1�1 • PLANNING COMMISSION m Continued as to the pros and cons. . We hate done this with Cortez Park, etc. 'Mayor Krieger: More specifically does anyone on the staff.' have this plan. with them this evening? (No one.) Counci.l.man Nichols: Well not to quibble, Mr. Mayor, but: if an item is on this report and we are now told it should have been referred to the'Planning Commission rather than to the Qouncil and if we don't have it anyway and haven't seen it, why donut we remove this item from the agenda and allow the proper city body to refer to whomever they chose Mayor Krieger-. We have a pending motion m a motion to table it has priority over it if the Council wishes to table it? Councilman. Snyder: It has been consistent in the past for all matters to be referred from one Commission to the other through the Council - right or wrong, that has been the procedure. Mayor Krieger: I don't think that is the issue here, the issue here is what we are referring. .We have a motion and a second.... . Councilman Gleckman: Mr. Mayor, evidently the Recreation & Park Department has a particular plan they would like to recommend to the City Council for the development of Friendship Park and in order to go through the proper procedure it would have to go through theTlann.ing Commission - if it would expedite matters for this Council to then request the Planning Commission which is an advisory body to this Council to look at it first prior to us seeing it, - I can't really see anything wrong with that action, it is just a matter of expedience. Mayor Krieger: Are ther.•e any further, questions or discussion on the motion? Roll call, Mrs. Preston..... Motion carried on roll. call vote as follows. AYES: i Counc.il.men. Gillum, Nichols,- Gleckman,: Snyder, Mayor.Krieger NOES: None ABSENT: None Mayor Krieger: Now with respect to the action of the Recreation and Park . Commission with the exception of Items 2 and 4, a motion to receive and file would be in .order. So moved by. Councilman Gleckman, seconded by, Councilman .Gillum, and carried. t 0. C. 11-13-67 Page Nine SCHEDULED MATTERS BIDS PROJECT SP-67012 LOCATION-, Merced Avenue and Evanwood STREET IMPRONMMENTS Avenues Bads were received in the office of the . City Clerk at 100 00 Aorta on Wednesday, November 1, 1967. A total of four bids received and reviewed. All bids checked for errors and determined to ba valid proposals Short Form 1911 Act. LOUIS S. LOPEZ 10% Bid Bond 03,946.84 CROWELL & LARSON BQ 49 043. 20 J. RULLO ENTERPRISES 44 49657.82 ROBERT W. GRAVES 49838.60 Recommendation is that the bid of Lo�, s S. Lopez of G1 ndora as resented at the bid opening of November 19 1967 for Project SP-�7012 be accepted, and that the Mayor and City, Clerk be authorized to execute an agreement for said work. So moved by Councilman Gleckman, and seconded by Councilman Gillum. Motion carried on roll call vote as follows-, AYESo Councilmen Gillum, Nichols, Gleckman, Snyder, Mayor Krieger NOES-, None ABSENT-, None PROJECT SP-6618-1 LOCATION-, Merced Avenue and Wilson Drive •STORM DRAIN and CATCH BASIN IMPROVEMENTS Bids were received in the office of the City Clerk at 10-,00 A.M. on Wednesday, November 8., 19670 A total of eight bids were received. All bids checked and determined to be valid bid proposals. ROBERT Ws GRAVES 10% Bid Bond 05,337.87 DAN PULLER '0 6,261.94 BASIN CONSTRUCTION CO. 4u 69405.00 AMEN BROS. 44 6, 442.75 J. RULLO ENTERPRISES °P 69560.�9 ACOSTA-LONGWAY °B 890733.00 LOUIS S. LOPEZ 98 8,284.68 D. C. MURALT CO. 44 10,609075 Recommendation that the Engineering Department accept the bid of Dan Puller dated November 8, 1967, and that the Mayor and City Clerk be authorized to execute an agreement with Dan Fuller for the work. Mayor Krieger-, This is a low lump sum bid price. Councilman Gleckman° Why are we recommending Dan Fuller against Robert W. Graves m maybe I misunderstood. Mr. Past, Public Service Director-, Mr. Mayor ® there is an error in the Engineer's report, the low bid was • recommendation, it should be N5, 37 87. There is an error in the Robert . Braves and not Dan Fuller. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the Council accept the bid of Robert W. Graves of Covina in the sum of 05,337.87 as presented in the bid opening of November 8, 1967, for Project SP-6618-19 and that the Mayor and City Clerk be authorized to execute an agreement with the said Robert W. Graves for the work. Councilman Nichols0 Mr. Aiassa ® what is the. reason that this particular project was not under- taken at the time off' the Merced Avenue improvements 0 9 C, 11-13-67 Page.Ten r i : , r .SCHEDULED MATTERS m Continued PROJECT SP�.6618-i o Continued Mr, Fast, Public Service DirectorgAt the time we awarded 'this original contract we did not feel the funds were sufficient to do 'the entire scoppe of work and when we found we had sufficient funds we did not wised to award such a lar e amount on a chang s order to • a contractor without exposing it to competitive bids. We did1, however, put in the laterals and therefore we did not expose the City to a non%omjet'tiv� situ ti�rs th� ad.itio o � t%h asins and secondly, we oo a ��ian age o a�% e s 'ree wog^ a me, Councilman. Nichols-, Will this involve a substantial amount of pavement removal? Mr, Fast, Public Service Direct:. No, only cutting in on the curbs and dropping down to the laterals directly below, Mayor Krieger-, AXILY furthsr questions? Mrs. Preston, roll c a,ll, , , , Motion carried on Noll call vote as follows. AYES-, Councilmen, Gilli Hichols, Gleckman, Snyder, Mayor Krieger NOES. None ABSENT. None HEARINGS • ZONE CHANGE NO. 383 LOCATION-, Southwest corner of Cameron ALBERT HANDLER and Azusa Avenues. Request, to reclassify from Zone Ril to C-1 denied by Planning Commisson applicant ®n October19, 19�',?'a Resolution No. 1,989, Appealed by Mayor Krieger. Mrs„ Preston do you, have the affidavits of publication and mailing? Lela Preston, City Clerk-, Yes I have the affidavit of publication and, there were 75 notices mailed November In to the property owners on the list, Mayor Krieger. The chair will entertain a motion to receive and file those affidavits. So moved by Councilman Gleckman, seconded by Councilman Gillum, and carried. Mayor Krieger,, Mr. Menard would you read PY nning Commission Resolution No. 19�9a We are taking up solely the Zone Change matter, Mr Meng.rd, Plain ng Director, Resolution NO. 19 90 read in `full the Planning Commission Mayor Krieger. Is 'that 'the Planning Commission Resolution in full, Mr. Menard? • Mr. Menard, Planning Director. Yes it is Mr, Mayor-, Mayor Krieger: This is the Time and Place for the Public Hearing set by notice by this City Handler. The issue before the Council on Zane Change No, 383, Albert Council this evening is whether or not the zone change should be granted from R-1 to Cm1. We are not hearing or discussing the Precise Plano We are reviewing and determining the proposed zone change denied by the Planning Commission. MAYOR KRIEGER THEN CALLED ATTENTION TO THE PERTINENT SECTIONS OF THE MUNICIPAL CODE AND ALSO ENUMERATED TGRULES PERTAINING THERETO. 11­13®67 Page Eleven ZONE CHANGE NO. 38.3 m ALBERT HANDLED Continued INS Francis Jo Garvey Attorney for the applicant - Albert Attorney at Law Handler. 281 E. Workman Covina Mayor Krieger.- My ruling Mr o Garvey is that the evidence be only on the area of the zone change, Mr,, Garvey.- May I make inquiry if the report of Planning Director is in evidence before. the City Council by reference at this point? Mayor Krieger: It is not in evidence by reference at this point as far as I know, The only thing we have is the Resolution by the Planning Commission. Mr. Terzian? Mr,, Terzian, City Attorney: That is correct Mr. Mayor. Mr. Garvey.- May I respectfully request that the report of the Planning Director be incorporated by reference in the proceedings of this hearing? Mayor Krieger.- you are offering the report of the Planning Department dated October 18, 196'T, as evidence pertaining to Zone Change 3832 Mr. Garvey: Yes sir and excluding anything that pertains to the Precise Plano Mr. Terzian, City Attorney: There is nothing wrong with that Mr., Mayor. Mayor Krieger: The offer will be accepted Mr, Garvey, Mr. Garvey: With reference to the report of the Planning Department which has just been adopt a offered in evidence the applicant will Pproval of that report and state that at this point he is familiar with the conditions imposed on the Precise Plan and agrees to it. I will subsequently introduce two gentlemen who will state and point out also that a Mr. Bruce Odell, a representative of Ralph's Market will be available for any questioning which you may have. I am aware that it is only a year ago since we last presented an a plicat n in respect to this property. A review of the council discussion at that hearing appears to indicate that there was if not a consensus, at least a general feeling by council that the subject property is no longer zoned properly when it bears R-1 c, a ,� :.%1c; rs.o There was concern expressed by some members of the council -too grant a,zone change without specific intent of the development at that hearing. We had no precise plan then and.we now have an adopted Precise Plano In 1964 Roger Arneburg, City Attorney of Los Angeles, an exert on zoning law was a featured speaker on Planning and Zoning a the Southwest Legal Foundation in Dalls, Texas, His address was entitled "Criteria For Rezoning Valid Reasons." He first posed the question ® are there changes/in conditions in the property for which it can be used, and generally discussed specific cases in California. The principle case of which he listed some 12 points and I will discuss 10, related to industrial property but by interpolation it is reasonably fair to apply the same criteria to commercial property. 11 Ca 0. 11-13-67 Page Twelve ZONE CHANGE NO. 383 - ALBERT HANDLER ® Continued The first question posed m have there been population increases? The census -of 1960 this property was:zoned R-A which is in all major, respects equivalent to Rml except for permitting argricultural uses; 1963 it was changed to A-1. Therefore it is proper to consider changes since the 1960 census. 1960 ® population 50,962; 1964 ® population • 60,329, This represented a population growth of 19.1% since the 1960 census or a growth rate of 4.8% per year, It also appears from the Planning_Director°s-report that the obvious trade area for the proposed center will immediately serve 13,600.. The application therefore apparently -meets the test of criteria of m is there a population increase. The second question posed was ® have there been extensive highway improvements? Within the past few years and certainly with the adoption of the current General Plan, Azusa Avenue has been widened throughout the City of West Oovina.to a 1001 right-of- way most of its length and extended over the hills so as to make connection with Valley Boulevard and the communities -.to the South, Cameron Avenue is more than 801 wide at the property which connects the Freeway and westerly through the City for the San Jos-e and Walnut area, and has been improved.by the completion of a link between GleftdoraIAvenue and California Avenue and it is about to be completed the improvement of the extension to.the San Jose Hills at Grand Avenue. This application, therefore, meets the criteria of the test of extensive highway improve- ments, The third, he said, is the amount of commercially zoned land.in the area comparable to other zoned land ppro p.ortiona-tel less than other land in the City? UsingGlendora as a divlding._ line but excluding zoning along Glendora itself because of its southwesterly diagonal, it is obvious that the entire southeast area of! 'the City with °the exception of some zoning along the San Bernardino Freeway a mile to the north a small convenience store at the corner of Francisquito and Azusa Avenues - that. there is no commercial zoning in the entire southeast area. The application therefore meets the test as to whether the .amount of land commerciall zoned in the area c m ared to other zoned land is proportionately less than that in the remainder of the. City. Fourth question ® is the amount of room r fall ne a d coo ed to �a i n c ess th in he rema�naer oy He �i y� ��nee � map a���one � �o ie��anning�epar�men t regort andd cor r edd y re ence in.these roceeding s shows a trade ar a popu�La onQ , 60 or of the total bity population of 63,329 with only Stark s Restaurant, Reno°s Delicatessen, Mobil Center andtwoas stations within the trade area, it is obvious the application meets this test. for general.develo meat Fift ar the lots f 1 a ail bble p generally smal in sze and scat ere loca�ion? With the exception of the undeveloped portion of the hill area included in the trade area a tour of the trade area as delineated by the Planning Department will indicate that with the exception of some sites along the south. Service Road and one or two spots' -on Azusa Avenue north of the subject site, there are no plots of land available for commercial development. (16% Garvey requested permission to have the trade area map placed on the board.. Permission granted,) The next question is.whether.the terrain is essent.i AF flat and lends itself. easily to commercial developments? It is obvious to anyone who has seen the site that it is essentially level and while it is not impossible to develop a commercial site on hilly terrain nor to develop other types of construction on level `te.rrain, certainly it is far less common to find commercial installations on hillside sites rather than on level Bites. Therefore the application meets the criteria. (Mr. Garvey then explained the trade area by use of the map9 pointing out and explaining the commercial!_ Use-, g^1n,then&rea.) 12 C, C. 11-13-67 Page Thirteen ZONE CHANGE NO. 383 ® Continued The next point ® does the area have ample highway access? Few sites in the entire city command as much direct access as the -subject site which is located at the crossroads of the City at Azusa Avenue ® a State Highway and a truck route, •traversing and connecting the City with Azusa, Covina, LaPuente and the City of Industry; and the southern terminus providing direct access to the City of Whittier and Fullerton. In addition Cameron Avenue provides complete access to the City of West Covina from the Freeway to the San Jose Hills and is the only street south of the Freeway which presently meets this.criteria. The next point which he posed would the commercial necessarily retract or restrict or would it enhance residential growth? With the exception of the hillside areas to the south the entire trading area may generally be considered to be developed residential nearly to the saturation point. With out the benefit of existing commercial facilities other than those mentioned and as we scan the trade area map it is almost entirely without any services or commercial. The granting of this application therefore meets this criteria. Additionally the completion of street improvements along Cameron plus installation of sidewalks along the entire perimeter of the property some 600' in one direction and 1300' in the other direction, although only 8001 of the Cameron frontage is being requested for rezoning, could not help but improve the situation with -.respect to residential living. The next question he poses - would a •change of zone necessarily impair or would it increase nearby residential land values? I would like to incorporate by reference in order tosavetime the -file on Zone Change 371 heard by this bod late in 1966 and early_ in 1967. In that file there is a comparison be�ween 13 houses on Eileen Street immediately adjacent to the Ralph®Zody Development just west of Azusa south of Puente Street, showing the assessed valuation of thoseroperties in the year of zone change 1961 pp and the assessed valuations in the year 1966. The table shows that during the 5 year period the value-s on Eileen Street increased approximately $500. in assessed valuation, which translated would be $2000,, in fair market value. A third column on that table shows 13 on sooleen ask Av nu which is com arabl in atio to this property Stree an tie assessed va�ues along een �treet are nearly identical to those along Alaska Street. I submit that this indicates that the development of commercial property in accordance with the standards of West C-ovina does not depreciate adjoining property but on the contrary in some instances tends to increase its value. n The next point he makes ® are buffer areas t� b� provided between the area to be rezoned to the nearest res den is ? On the Precise Plan there is shown a 601 green buffer between the houses on Alaska Street and the nearest service driveway. This is obviously an adequate buffer between the development and the house to the north. To the east is Apsa Avenue ® 1001 wide, and to the north Cameron which will ultimately be widened to 821. Thehouses will be protected by extensive landsca ing and tree planting both along the street front and in the parking 10t area. In addition there will be a buffer wall along the westerly and southerly portions of the property and the -wall in West Covina has for a long time been considered an adequate buffer between zones, meets all ten of the criteria In summary the present application reasons. specifying Points set out by Mr. Arneburg for a zone change. Now let's consider what the development would mean annually in terms of revenue to the City. Assum- ing a conversvative value of $2.00 per sq. foot for the area to be rezoned plus '-.$1, 5009080, °bf construction, we arrive at a total fair market valuation of $2,4+991 732 which works out to an assessed 13 C. ,0° 11-13®67 Pa ge Fourteen ZONE CHANGE NO° 383 Continued valuation of 0622,933. Applying to this the 93¢ property tax rate we find a real property tax accruing to the City from real estate and property improvements of $59792.97. Assuming that the Center will generate one million c-ollars of taxable sales there would be a further return of $10,000 from sales tax or a total additional revenue of ' 0159792.97. This does not include the additional revenues which will, flow from the property tax on inventory and fixtures which in a Center of this size would be considerable. Applying the same assessed valuation to the Unified School District tax rate of 4.2129 we find the School District would benefit on this project $26,242.13 each year without the necessity of having to service one single student from the project. It would i .:additibni: benef t'from`:the .i'ra�re t'�ry and perscnal property tax. I have in connection with this hearing a new group of signatures from 1302 people generally in the trade area and I would like to submit that at this time, plus 2 additional letters from people who I don't think will be here tonight., (Dialogue between Mayor Krieger, Mr. Garvey and Mr. Tertian, City Attorney, as to the authenticity of the letters and the acceptance of them. Mr. Terzian read excerpts of the new evidence ordinance.) Mr. Tertian, City Attorney-, Mr. Mayor, I think the Council in the exercise of its power can properly find whether or not this new material, is acceptable. Mayor Krieger-, Does the Council have any objection to • the acceptance of this material for the purpose of this hearing? Councilman. Snyder-, As a point of order, this is not new evidence. It is merely names. Mr. Tertian, City Attorney-, Councilman Snyder, the ordinance.says if any new material is presented to the City Council. I think it goes to the question of whether or not it is new materialo It is additional signatures. Councilman Snyder. If that is the case why do we even have .a second hearing? If you can't give any more additional evidence. Mr. Tertian, City Attorney-, You can give additional evidence, but this is signatures and the question is is it new material with r sped to that particular matter. The whole question then becomes a th s matter material? If it is simply a bunch of signatures do you think it is such that it requires further report or recommendation from the Council? If it is something like an economic analysis, that is another matter. Mayor Krieger-, Does the Council have any objection to the acceptance of this evidence? (No objections.) The ruling will be that the evidence will, be received. The opponents shall have the opportunity during the recess which the Chair will call, to examine the material which has been submitted by the proponents. The same opportunity by the way will be given to the Qr0P0mkmtts'. if .rat.eri,al._is submitted by the opponents. Mr. Garvey-, In conclusion I would like to refer to the Sketch Plan submitted by Williams, part of that core area and whetherC h a �repor l u esa�op a°orTnot is I think it is important evidence bearing on one firms idea of what this 14 r t C. C. 11-131=P67 Page Fifteen ZONE CHANGE NO. 3§3 Q Continued property could be used for. Briefly, I would like to make reference to two pieces of law because the question was raised here that .this was a spot zoning, in the Planning Commission's resolution. A zoning ordinance is not rendered invalid by the fact that property situated on •one side of the street is included in one classification whereas property directly across the street is to another classification, or by the fact that on the same street.portions of the block are included and other ,Fortions excluded, or even that the fact of demarkation or wren the act that the line is drawn on adjoining properties and business `districts at both ends of a long block do not destroy the residential character of the remainder of the property on the block. There is nothing unreasonable or unsound in the zoning of one side of the street for business purposes and the other side for residential uses. Robinson versus Los Angeles - 146CA reads and the owners of property situated from one -fifth to one-f urth mile from the rezoned area may not complain that their property has or will depreciate in value as a result of rezoning since they have no vested right to the continuity of the zoning provisions in the general area in which they reside. Nor does depreciation or prospective depreciation establish the reasonable- ness or unreasonableness of zoning measures since the demand caused by Iro er exercise of the polic�ca power is merely one of the prices an ad vidual must pay as,a member of society. I would respectfully submit that we have established a case for a change in zoning and ask that you grant it. Thank you. William Pe Burnett Agents for applicant - Mr. Handler. Coldtcel., Banker & Co. I won't go into the economic success 900 Wilshire or failure of the Center. I think a Los Angeles neophyte will see that the site will undoubtedly 'be a success. I am spearing here as the real estate agent for Mr. Handler and would lire to state if this zoning is granted this Center will be built. Mr. Handler is under written contract to one of the finest architects in the country - Leech Cleveland & Associates. Mr. Handler is under written contract with our firm to hamidle the leasing and development of the Shopping Center. He is committed subject to a change in zone to build this Center, He is committed as I said to our firm, to the architect and the major -tenants who will, reside within this Center. Additionally, the manner in which Mr. Handler has filed his request for a change of zone, I believe that he is in good faith committed himself to the City and the residents of this City to assure that this develop- ment when completed will materialize in 'the manner in which we presentedo I believe it is tc� tie qti a ity.. o f. the C e.ptcar �, tbse ` unanimous approval of our Precise Plan that certainly proved that they were indeed convinced in the development as proposed, would materialize, and that we had taken into consideration the rightful concern of the residents and the City. The matter of certain assurances that we can give are, of course, only words. Our firm and the architect. I\believe, have a reputation of performing in a manner as we have presented this application. I believe the decision rendered tonight will be based on the facts and I think the facts justify on the basis of Mr. Garvey°s testimony and your Planning Department's report, that the development of a Shopping Center is logical on this site. The facts are that if this zoning is granted the Center will be developed as presented in a professional, manner, I will sum it up in conclusion as Mr. Handler's agent, that our firm and the architect will see that the Center materializes in the manner we have presented it and immediately, and be professionally developed. W. T. Tanking I am located 1001 :from the property in 1538 E. Cameron question and I have Lived there for 15 O 15 p C. 11-13-67 Page Sixteen ZONE CHANGE NO. -383-.- Continued years. I am a proponent for this Shopping Center. I favor this Center because I feel it is now fitting to what is a changed area, As I mentioned I have lived on this location for 15 years and when I bought the lot and built the house across the street we had an orange grove. I recently have read that a recent broad survey made for the City of West •Covina indicates that ultimately there will be commercial zoning in this area of Azusa Avenue and of the property, -in question and I have further read in that broad survey that the proposed freeway northandsouth and the Azusa freeway will probably be in the area of the buffer zone. When I speak of fitting to a changed area, let me refer to the fact that the area in which I moved and in which were homes and orange groves at that time we now have in a perimeter of a half mile a church on the west, across the street on Cameron Avenue a school, and the corner of Cameron and Lark Ellen a park. Across the corner a football field, next to that tennis courts, a car repair shop, the back end of a high school and down the street from that to the north, apartments,, Behind those apartments we have another school. Across the street on Azusa we have another church. In addition to this we have these major traffic streets north, south, east and west. Now is this a home zonng area? The only way to say that it is - is emotionally or politically, but not fact. There is and has been zoning for adlItPnal ial a number of docks gere,J� e ca e resiaoemmrai areas. ne o ese, U'pran'fe , w gautolTheso- County of Los Angeles, the other has been granted the zoning opportunity for many months and nothing has developed because apparently it isn't the type of thing that has the opportunity that this particular zoning change might accomplish. The School System will oppose this again tonight very pointedly. I am qualified to say this because I am a neighbor of this school and have been for as long as since it was •built after myself moving there. The matter of traffic hour problems are already established. There will be no traffic problem even now with this commercial center there if this area is extended to the four lane 1001 road which it is supposed to be on Cameron, Avenue. When we have this four lane road we will have proper traffic flow which at present is only two lane and should be a four lane. This activity of this development will accomplish this four lane type of thing. The Homeowners apparently condone the noises of the highschool and yet they are going to complain about the noises of the Shopping Center and this again as a Neighbor I cannot see. One error has already been made by the City in c nnection with this site pot across the street from the site TO s area where homes were Mitcould now have been a park and part of West Covina or perhaps purchased in addition to the high- school. Let's not make another mistake by not using this valuable land for better zoning other than just homes, Had the area remained as homes all .along, with me it would be alright but since now it is every- thing else but homes I favor going all the way, and having a high class well planned, well engineered shopping center also, Let me finish by saying I represent no one, I will receive no compensathn-for this tonight, I have nothing to gain even if my area were to become apartment sites because I today could sell my house and property for the same amount that I might sell just the property with the house torn 'down for an apartment deal, I merely feel that emotion is emotion and fact is fact. Thank you kindly. John Roffies I bought my home about 40 months ago 846 South Azusa Avenue and I don't belong to any groups, organizations or whatsoever. I am standing here merely as a resident of West Covina. I tried to be a member of the Homeowners' Association last year, I have a family with .3 children, my neighbor has a family with 6 children and we feel that this zone change when started last year and I am convinced now with the plan presented, will be a good development. I am doing most of my shopping and spending of my money in LaPuente or Covina. It would be much more convenient for my family and I don't like to see just any development across the street or face a high fence for instance, which would develop if such things as houses would go up there. This would be - 16 Co Co 11-13-67 Page Seventeen ZONE CHANGE NOa 383 ® Continued much more convenient for us and for this reason I favor this Shopping Center plan. Artie Jett I would like to bring up a point as I understand it in reference to zoning which specifically states that a property owner has the right to use his property in accordance with the highest and best use for that property, Now in determining the highest and best use for this property there are certain criteria that must be considered by the governing_ bodies and the. City Council and I assume that it behooves the proponents to prove the highest and best use for the property. I think that on this particular piece of roperty that has been.brought before this Council..for a period of time. and I think it has been well established by facts that the highest and best use for this property would be for a use other than residential uses. I live just around the corner from this property. I am personally concerned for more reasons than one. Living directly in the neighborhood this has become a very emotional problem and II have atte pted in ever disc s o to sti k to facts.ab ut thi problem, I wan to speak an � say tna� � very s�rongly am in favor of this zoning for my personal reasons and when I say personal.j.t is because my own family instead of having a car at all times to go to the market have on occasion had to resort to taxi. We have neighbors that do not drive and have to use a cab to do their shopping which is very inconvenient because of obtaining one when needed. This would enable us to have the shopping necessities near enough so that -we would not have.to travel a long distance. remark that was made b Mr. Garvey oujd cell to o atte t on a y Garvey efe °ence t�i Ee amo; of money this property would pay in the form of taxes." I believe the figure was $15,000 if I remember correctly and also remarks in the paper recently to raise $10,000 in taxes it would require a 1¢ increase in our tax rate. This in -effect then would obtain $15,000 additional, income without resorting to increasing our taxes by 105¢- Mr. Mayor, I would hope sincerely that you stick to the facts and finally resolve and give this zoning approval. Thank you. Dr. Harry Nadel Like most of us, I reside in the area 2117 Amio Vista Drive but do most of my buying in Covina-° In terms of convenience it certainly would be to have a well planned shopping area. I think it is long overdue, As I reside in West Covina I would like to see thilis well developed rather than be an empty lot. I have a hateber of pw�& that agree with me and I have a number of signed names (Mayor Krieger accepted the list of signed names as evidence on the same finding as the list accepted from the proponents attorney, Mr. Garvey,) Mayor Krieger, Mrs, Preston, the Council has received two documents and two letters in support of the proposed zone change. These petitions and letters will be available for inspection by the opponents •which will be now. The chair declares a 15 minute recess, (Recessed at 9 p.m.) (Council reconvened at 9015 p.m.) IN OPPOSITION Edwin Spicht I believe that you gentlemen are 1129 So, Rimsdale Drive entitled to receipt of valid evidence rather than fraudulent evidence. During the period of recess I took occasion to look at the petition submitted to the Council by the proponents and on Page 9, 5th line, appears the signature of a Andrew Perri. This happens 17 C'o Co 11-13-67 Page Eighteen ZONE CHAKTGE 1VOo 383 m Continued to be a boy of about 16 years of age. The petition that was submitted purports to be signatures of voters and property owners in this area. I make a direct accasa:tio n that the proponents have deliberately gone through the area collecting nonvalid numbers of signatures to present to the Council rather than quality. Mr, Garveyo Mr. Mayor I object to that on the grounds they may have shown one invalid signature in there but the attribution of a deliberate fraud upon this Council is both un- Justified and unreasonable, Mayor Krieger.- Mr. Terzian, calls to my attention quite propperly that this is out of order. t i e�fect pro er to bring up in the rebuttal and the proponents wil lave e opWtunity for rebuttal. Mr. Spicht do you have any other names to call to the Council°s attention? Mr. Spicht.- Personally I do not. I live directly south of the area in question, approximately 3 or 4 blocks, I live on Rimsdale Drive and Greendale Drive. It is the habit of high school students from our area bordering the south areas of the high school to proceed down Glenview to reach their destination at the High school, Now in proceeding down Glenview Avenue this requires the children to cross the area that is being proposed for zoning to reach a destination of Cameron and the high school. If this area were to be developed as homes you may rest assured that the home owners along the area would have a watchful eye for the best interests of the children. No such condition will prevail if the development is one of a commercial nature. As you will note by the proponents statement they propose that the store hours be from 8 in the morning till 10 in the evening. This will conflict beautifully with the school hours Mayor Krieger.- Mr. Spicht we have not talked about hours will you please limit your remaris to the zone change? Mr. Spicht.- I feel Mr. Mayor, as a citizen in this City that the proposed zone change is in the worst possible practice of zoning for this area and I do request that the City Council deny this zoning change. Thank you., 'Clayton D. Glass T am here at the direction 1032 So. Sweetwell Ave. of the School Board to speak President m Board of Education in opposition to the proposed West Covina Unified School District zone change. The Board of Education and'the Administration of the West Covina Unified School District have been greatlconcerned about°the pproposed zone change because of the. close proximity"of the property in question to the West Covina High School and to several of our elementary schools. We are concerned because of the Dossible and robable problems with shopping areas in close proximity to schools, believe shopping areas are an attractive nuisance insofar as school children, particularly teenagers are concerned. We believe problems will arise in controlling students •on a closed campus during. the school day when a shopping area is close by. We believe that difficulties will arise with store -owners who look to the schools to discipline students for problems that arise between students and store owners. We see problems in connection with loitering, not only by students but by others -over which the school has no control, with all such loitering leading to the welfare of our students, iaacluding the possible sale and distribution of all kinds of undesirable drugs and narcotics. Even though it may be said that we have no legal responsibility for the welfare of our students when they leave the campus, - we believe that we have a moral responsibility to foster the best possible environment not only in, but around our schools. 18 m C'o Co 11®13-67 Page Nineteen ZONE CHANGE NO, 383 m Continued Accordingly at a regular scheduled meeting of the Board of Education on :October 10, 1967, the following resolution was adopted-, "Be it resolved 'that this Board of • Education wishes to express its concern and objection to reclassifica- tion of certain property situated at the southwest corner o-f Azusa and Cameron Avenue to Zone Cm1 for the following reasons.-' °lo Close proximity to West Covina High School and resultant problems that we believe are connected with commercial areas before and after school hours. 20 Because of recent court decision regarding the inability of school personnel to control loitering we believe it would be an untenable situation should we try to execute any control over the students. 3. The close proximity to elementary schools would further enlarge the problems of control." To defend what we believe to be true we subsequently conducted a survey of surrounding school districts to determine if shopping areas located in close proximity did in fact cause roblems for such schools. Most of the replies received indic-ated tha such shopping areas do cause problems of the type that concern the school board, We surveyed 22 schools in the surrounding area, 12 were in close proximity to shopping areas and we received 12 verbal re lies confirmed by 7 written rep les and all but one indicated that prob ems arise in connection with schools in close proximity to shopping areas, Therefore, in the adjourned meeting held on November 3, 1967, the Board of Education • reaffirmed its previous resolution, Based on this information it is the opinion of the Board of Education of the West Covina Unified School District that the zone change is not in the best interests of 'the schools,in West Covina and particularly West Covina, High School. Thank your Ca E. Scher The recognized purpose of any zoning 1704 Eo Alaska ordinance is to serve the public health and the -safety and ggeneral welfare of the ,community. The zoning case in question does not involve either the public health or general safety of West , Covina. It doeshowever have a versignificant bearing on the ggeneral welfare not only' of the City as a who�e but the specific area involved. In order for anything to be of general welfare I submit there must first be established a need, So I ask the question G is there a need for additional, 0-1 property in West Covina? Both the owner and..the City Planning Department have submitted arguments for attempting to show a need. However, I contend that both confuse convenience and economie feasibility with. need. Nowhere in presentation and there have been a number in the lest year,have they used a total population, available expendable income m which is normally used to determine a need for commercial property in a City, All they have attempted to do is prove that it is convenient and a financial,success. Mr. Eisner used this approach in his General -Plan and determined that the City had sufficient C-1 proper y 7he- ppropenentb are. Qg.uick to point out that it was only a guide and 9 fears o�Ld. The General Plan is a guide and should 'be flexible, however only adjustments should be made on the basis of new condim 'tions. This report is 6 years old but I ask the question ® what new •conditions are present today that were either not present or not considered in 1962 by Mr. Eisner? All the new conditions referred to by Mr. Garvey, such as the widening of Azusa Avenue, the increased population of West Covina, etc., were known in 162 and were considered by Mr. Eisner in his report. It is not so much 'the age of this report but what the report says that the proponents object to. In 1963, Mr. Handler, in his etition requested that the City Council ignore wh t the report said wi h regard to this particular piece of property. A that time I understand it was designated as a Park, but it was not C-1 on the General, Plan. 19 Co 00 11-13-67 Page Twenty ZONE CHANGE PTO. 383 - Continued In any zoning case 'the burden of proof lies with the applicant. I submit that no proof of anything has been shown.. However, looking at what the proponents have proven that is economic feasibility. I am one of those neophytes that Mr. Burnett referred to earlier and I do agree that the development of this property • as proposed would be a financial, success for the owner, but does economic feasibility constitute need? Are these terms synonymous? The argument of economic feasibility ,could be used by a promoter such as those actively engaged in LaPuente to the south, and Irwindale to the north, to Justify the legalizing of draw poker. This no doubt would add revenue to the City of West Covina but is it in the best interests? I can present facts and figures to prove that converting my home based on so many miles to the nearest barber shop would be economically feasible. I am sure you gentlemen, would not grant me a zone change to make my home into a barberli-hop and I would not expect you to. The only proof the proponents have offered is that the Center would be convenientve thand sere figure in the neighborhood of fifteen to twenty thousand people and that there is a sack of C-1 roperty in this area. Convenience is not the basis for zoning-. If t were where would we sto ® one mile, one block or stop next door to eliminate people having to use taxis or a second automobile. In order to compare need to present use you must look at the entire City, not a specific piece of it. As Mr. Garvey said, in this area t here is no Cm ro ert . hat s ru�te but we consider this to be an a vantage of t epar�a an no a disa vantage, My family only makes up 5 of the people that would be served by the developmeat but I am sure the vast majority of the remainder have the same f'ee�Ling that we would rather drive_ further to shop than to have a shopping center across the street or in our isback yard. One of the major attractions of this part of West Covina, one which the City can be Justly proud of and one which few other cities can boast, is an area of beautiful homes unmarked by commercial development. Granted we have schools, parks and churches, but these are essential to a residential development, no one will argue that. To allow, this spot zoning would forever ruin this outstanding area, anything worth having is worth a price and in, this case it is a minor inconvenience which we ,are willing to pay,, I submit that all, the proponents have proven is economic feasibility and all 'that economic feasibility proves is in the specific welfare of the property owner. Last October, before the Planning Commission, I stated this fact and in rebuttal Mr. Garvey stated that I was confusing need with desire, he attempted to draw an allegory between a Eskimo that is content to live in his igloo, saying he doesn't need a house with in -door plumbing, electricity, etc., he tried to compare. this with citizens such as myself in West Covina who say we don t.need a shopping n°center here. n other words he tried to tell us that we really aret a udge of whether we need it or not. In either case, whether it be the skimae or citizens of West Covina, when the advantages are pointed out to us repeatedly, such as this has, and we still say BB no" m now whether you call it need or desire or any other descriptive -.I don't care. No governmental agency, large or small, has the right or for that matter should, even want to force its will on the people they are sworn to serve. Just what is the desire of the citizens ,-of West Covina? In attempting to find out we circulated a petition on October 28th and in one day we obtained signatures representing over . 4200 citizens of this area. This petition was filed with the City Clerk on November 6th. In a subsequent effort we raised this total, to over 4,500, I have 16 additional, signatures which I will offer ® with the Councils ° s acceptance (Council agreed to accept underthe same finding as that of the acceptance of material from the proponentB,) This petition was obtained primarily in the so-called market area south of the freewa and may contain some signatures that are not valid.. We cannot coNrol this, We did not 20 dti Co 11-13-67 Page Twenty=one ZONE NO. 83 Continued attemp° to make this a legal petition,, It is merely submitted as a petition of the voice of the people in that area. We employed students to go through the area so we could cover it in one day. Some of the statements purported to have been made are to play down the petition, these include that people don't know what they were signing I think this casts an aspersion on the people of West Covina. In some • cases wives signed for husbands and vice -versa. I will, admit my wife signed for me, she had my permission and again this petition is not submitted as a legal document but merely a view of opinion. The statement that the shopping center would be of advantage to the City of West Covina, I maintain would only spread out the money now available in West Covina, The proposed Center will not create business nor will, it attract outside business -to West Covina. In conclusion gentlemen, the decision tonight is yours. You have the opportunity to deny this zone change. This denial will adhere to the basics of orderly, directed, planned development and help to continue West Covina°s attraction as a City of Beautiful homes. In so doing you will add your name to the list of farsighted people that believe the general welfare of the community takes precedent over the individual welfare. I thank you, gentlemen, for the opportunity to spear this evening. Ralph M. Goldstein I have several points to mention. 1546 W. Cameron First, that the proponent in this type of application has the burden of proof •that there has been a change in circumstances to warrant a change in zoning, that the general welfare of the City and of the people requires that this zoniag change be made. The history of this corner and the applications presented receding this present application show just the reverse of that,, In 195 , ten years ago, this same application was made for commercial and professional zoning by this same applic ant_ and at that time it was denied by the Planning Commission and the City Council. Only three years ago the applicant at that time put in a request not for commercial zoning but a request that his land be rezoned to the highest and best use and -at that time at numerous hearings and talks before the City Council we went into all the questions of traffic, of zoning, of legal points, school board and everything plus what has been mentioned here tonight and more, and at that time after deliberation went on for months, it was determined by the Council and the Planning Commission that the best and highest use was Rm1 and it was so zoned at that time. This request was made by the applicant and that was the decision of the Council,. One year ago in November last year, we were here on his application to have the 20 acres zoned commercial and apartments. Incidentally, this request is no different than one year ago only that now we are dealing with 11 acres. It was tpp oximately the same I.mount of acreage b made commercial last year ou o the 20 and now he s asking only about the 11 acres for commercial. In order to justify a zone change the applicant must show in the intervening -time that there has been something come up, some reason why there should be a change of zone now. I submit and I don't thank there is any question about it, that nothing has been shown to alter auy change of circumstances. I Just haven't heard anything. This is the same • presentation that was made by them 3 years ago and last year. The second point is that we do not need or ant e c mme ci z ning hi area s I pointed out and sai to i ann rig omm ssion, w h n ive minutes fom my house, and I live right next door to this property, I can buy any product or service wanted or needed from a Cadillac to a boat, your poodle groomed, your wife reduced in weight. This talk of going to LaPuente or Covina does not mare sense because I can get you any service or product you want within 5 minutes. This map showing the surrounding area © 21 Page Twenty -tiro ZONE CHANGE NO. 383 - Continued -the circles are all markets and one is within two minutes of our house. The area they say this Genter will serve goes all the way upto the San Bernardino Freeway. Those people have plenty of shopping at May Som?an7 �md. roua�. d that area. Pow to he south you 1dthe uu Mr. roc ao s s opp center and on Amar ioad you have shopping you want. This area shown on the map also goes to Glendora Avenue and within a minute of it you have the Glendora Shop�pI g Center and at Cameron and Glendora you have more commercia, not yet devell;oped. Theme is no reason for this zoning and the reason we live hers is because this is the finest residential section of West Covi*na and we live here because it is and there is no commercial zoning. Gentlemen, you are privileged, we are suburbanites and I am proud to hare --ray children raised in this suburban area and within five minutes I can get to and purchase any products or service I have the need for and the money to buy and where I live and raise my children we are all dealing with R-1 uses. I am proud of may past and more proud of the present. It Is a pleasure to be here. The last point © this is not the right -time -to bring this change of zoning in any event. We have, being presently brought up before the Planning Commission for consideration, the new General Plan and if adopted it has a broad commercial area along the San Bernardino Freeway within a mile of this Center. If you put this change of zoning in at this time what was -the need for the money spent for the revised General Planed It is also proposed the Huntington Peach Freeway and one of the proposed routes is right through this property. If the Huntington Peach Freeway is brought through this property thers is a little strip east of the Freeway which undoubtedly would be commercial and probably a good spot to pint commercial in and not houses, but that route is not adopted for the • Huntington Peach Freeway, it is only one of several proposed routes. I say it would be unfair at this time to allow this zoning with these pending matters which will be brought up with n -the next year or two before the City. We do not want another G-ll.endor^a. We have come here time after time to oppose this and if we have to come again we will, but I_ think it is time that this Council turn down this application and let's get something built on that corner. Thank you. Ch.irles R. Anderson My property is located right behind 1621 Alaska St., this vacant field I picked a few item from 'the studies made by Williams, Cook & Mocine - thepreliminary sketch plan developed by this firm for the City. I would like to point out a few little things that don't quite Jive and I quote from this because of the large volume of traffic that such centers create and we are talking about a convenience center such as this one because of the traffic these centers generate they should be put at the boun.dsty of such areas. This is not at the boundary, it is right in the center and it is completely surrounded by R-1 development. 86% of the people commutelong distances to work and they commute to live in a lace like this and about 40% go to work in Los Angelss, a total of 18 muss. Now let's talk about what kind of a situation this would be. It is completersurroundedsrrounded by a R-1 development and I quote from the.Mayor°s slue Ribbon Committed and this decision was given to the Committee by the Planning Director m a spot zoning is a creation of a smalls portion of an area surrounded by a completely different incompatible zone which serves only the financial interests of the property owner of the spat itself, and I think that is • what we have in this case. All thu,(:�uugh this report by Williams, Coop & Mocine - it is the same tone. The determination to protect West Covina°s fine residential neighborhood while encouraging her economic growth, still remains the fundamental objective of the Planning program. On Page 8 they say "preserve and enhance the residential quality of West Covina, protect the existing neighborhoods from adverse affects of incompatible uses and excessive traffic.". Since the great ma ori�ty of this develo went is comparati�v�ely new, well maintained and built to high standards to proper objective of planning policy for these portions of the City is conservation and protection and that is what we are asking you to do. The Citizens Committee indicate a strong desire to protect 22 • Co C. 11-13-67 Page Twenty-three ZONE CHANGE NO. �83 Continued existing residential characteristics of the City. In the study done by the Planning Department they stated and I call your attention to the Fact that this will in no way affect the general welfare of the City, and I quote under the hearing of m "Czeneral Welfare - It is very •difficult for the Planning staff to -make a determination on such a proposal as being adverse or detrimental to.the general welfare of the entire City. The staff does not feel that a neighborhood commercial ce er is o suff ien ig4ificance to materially affect the general we� are of he en rei y. I quote from.the Los Angeles Times of October 29th, titled m "Teens Disrupting Shopping Center Lots ® the shopping center lot, a post war land mark, has become the scene of teen- age drivers. In many areas of the San Gabriel Valley and Pomona Valley teenagers disrupt traffic in parking lots and inconvenience adult customers but there appears to be no easy solution to the problem. George McCree, President of the Ontario Shopping Center Association believes that teenagers in parking lots may be the biggest problem of shopping centers because these centers are private property there is little police control except in the case of disturbances. On the other hand some women shoppers indicate they are afraid to enter the shopping centers in the evening ar on weekends when the teenagers are massed on the lot Sometimes teenagers will race cars t hroughothe arking area, Similar reports have come from business associations West Arcadia, Monterey Park, Glendale, Whittier and the Eastland and Plaza centers in West Covina, This N w what should be on with this property? question keeps coming -up. I have calculated in 6ontrast to what Mr. Garvey ha r osed if JO homes were put on here the revenue •to the City would be 4950. anst 5792. that he quoted. The income to the West Covina Unified School District would be #22,800 as compared to $26,226 from the shopping center. Now he said that the City -would get $10, 000 in sales tax -and this is gust taking it out of one pocket and putting it in another. I would like to conclude with this remark which is printed on a pamphlet which is put an the seats here, or used to be, for the consumption of �o the citizens G The care of human life and happiness is the first and only legitimate object of good government.`18 Thank you. Paul W. Erdlie I feel that this petition should be 414 So. Rodelide denied because the present owners of commercial real estate should be protected and given the opportunity to gain income on their investment and not subjected to someone etting an undue benefit by leap rog ing from Rd1 to C®ls especially n the heart of a R-1 area. may say I am not here representing any group. P But this has not come up and no one has mentioned the commercial pro ert owners in the area. The ppeo le in thearea rchased their homes because of the strict zoning regulations and should �uave the benefit of the c nthtnutd tric zo r regula io t Brat c i investm � Jtn Rs o e es res den a. ar as n e a a r e a le s considered one of the best areas because of the lack of commercial and industrial zoning. I take exception to Mr. Garvey°s statement •when he mentioned California court ruling on spot zoning. He was correct when he mentioned one side of the street as opposed to the other, however, he went on to say that surrounding is considered spot zoning. You can have commercial on one side and residential on the othe�,° this is not spot zoning, however,, if this property is changed from 1�-1 then it is definitely spot zoning, because it is surrounded by residential. other survey he mentioned about imdus�ria�lsoroperrt like t tatt that the property y ids no apply becausewhere is commercial and the cluster type zoning he mentioned? © 23 - Co Co 11-13-67 Page Twenty-four ZONE CHANGE NO. 383 © Continued A mixture of residential and commercial complex is excellent planning provided that it is planned on a large vacant section of land and to use this as an example of cluster zoning when attempting to rezone an area from R®1 to 0-1 is totally uncalled for. Thank you. Prank D. Cruxton I have lived here for the past 13-14 2327 E. Cameraon years. I am retired. I have listened to all this talk. I Find no valid reason fvr the change. The immediate population of the area has not noticeably increased in the last 10 years. Everyone of the homes here have been here for 10 years. The,;Azusa©Francisquito convenience store is adequate for immediate needs. And there are all kinds of sho ping facilities in this town, within three minutes you can get any i em you want. Building a center among residential would destroy the value of those homes. Those people bought and built their homes thinking it would remain residential, I am positive they wouldn't have bought knowing there would be a zone change. I as a property owner in the immediate area am vitally opposed to a zone change. Thank you, Richard Zutman I live within a fourth a mile of the 1626 E. nine property. My big quarrel with this whole thing as well as the fact I just don't like the zone change, is the fact I think it is economically unfeasible to put another piece of commercial in the City of West Covina. We have shopping centers in the Plaza a shopping center adjacent to the Capri The re, the Country Club Shoppppin Centers Broadway, and the Eastland facilit , which is avaUffe to us and which I believe is in the West �ovina city limits. Plus north Azusa Avenue. In each one of these, with the exception of the two major cente s here the D�arment res are -locate' we ha e nothing but turnover. a ave vacant s rom h er to yoff and rae wore possible thing that need happen if we built one of these things is to have it vacant in five months regardless of how good a leasing oldwJ11 Banker is and the agent y are very good, but this again would be increasing the situation for an attractive nuisance. So much for vacant property. That doesn't make any money for Mr. Handler nor bring any new revenue to the City and I don't know where anybody has the bright idea that this shopping center is going to bring bundles of money into the City the school, etc.., by the sales tax because there apejust so many dollars to be s ent by the citizens of West Covina and the surrounding communities ang if you think you are going to take twelve or thirteen thousand dollars of steles tax money -from this shopping center that will, be returned to the City, you are only kidding yourself because you are taking from some other center that would have gotten it previously. So the City winds up with approximately m and that figure has been refuted m of $49000 and $5,000 in City revenue. This is a real big deal. It won't pay the salary of one policeman and if you put a shopping center on that corner you are going to need several policemen to Handle the traffic situation. I can't see changing the zoning in •midstream when you have so many plans before you that have not yet been accepted' reviewed or adopted. I just don't feel it is morally right or .economically wise to make any type of a change at this time. Lois Lockwood I am psed to this shoppin center 2136 E. Vine mater aplizing on this property. I will not reiterate the remarks made by the school board resident and Mr. Andersen, but I concur 100% with them. There are sign sizes specified in the plan but this would be incompatible as far as most residents in the area are concerned to have to live with these 100% of the time. Citizens living ®24e C. C. 11-13-67 Page Twenty-five ZONE CHANGE NO. 383 m Continued near such commercial areas are usually never very happy regarding this arrangement. This is true of many of my personal friends around ti e Ralphs m Zodys complex on Azusa. The homeowners have fought bitterly against this zone change taking place and the Planning Department .admits that commercial centers adjacent to residential uses cannot be totally compatible. I would mention also I notice names on the petition that were those of youngsters that are 16 years of age, because I have had them in my scout troop. Therefore, I would question the list also. L.J 0 Cou�cyl4avatte it on s to `Dell to the I do ® Madeline M aVvienga is one. We had limited time to look those petitions over. This is the first time have seen those petitions. She was hank you. I haven't heard too many of the women give opinions on this and I think it is important. I have two teenagers now we go to the football games and the traffic congestion is very bad. The kids walking to the football game and coming back ® there are police at the corners at the time of the games taking care of this but with a shopping center there you would need police at the corners everyday and also when it rains with the three school in the ar it ii gecbb traffic blew. 1 the Errena rca��a`Men�I e�siagterrrlh rrarf cr�j m aanaswi lhshoppiing cen er �t would be awful, I don t know how we would manage. Ted Hornstra 633 Donna Beth Mayor Krieger-, Lois Lockwood-, in my scout troop for 3 years. Mrs. .Bonaparte 1735 Walnut Creek Parkway For the past seven years I have been a highschool administrators in a nearby school district. Unfortunately, we are one of those schools with a commercial development in the immediate areas I have jotted down 6 items that have become problems to us throughout the years. 1 m Commercial areas adjacent to the school have definitely increased traffic flow around the school and we always have the possibility of speeding which goes along with increased traffic. Loitering in the parking lots is another problem, It is not always that the loitering is done by the students of our school, but by former students or drop outs, etc., and as has been mentioned there have been some problems with regards to the loitering laws and the enforcement of them by police in recent years. West Covina has a closed campus as doesourhigh school, but we are constantly finding children attemptipg too sho i or to et s methinn.g� to eat This re ents a specific pro"b em, e eachers.grave he right to a half houp o� duty free time for lunch, so who is going to supervise? The School District will either have to pay other personnel to come and supervise or put an added burden on the administrators, whose time I think could better be spent than supervising shopping center parking lots. One thing we have found is that businesses quite frequently call us to come down and take care of our kids. When the are not our kids to begin with our hands are tied. This makes a poor relationship between the school and the commercial developments. This has always been a problem o adults do not want to go to a sho ping center at the times the young people are there in loitering situations. And one problem that is becoming increasingly greater all the time is the possibility of the sale and distribution of drugs and narcotics. These tend to occur more frequently when there are people loitering. Councilman Gillum: Mr. Mayor m I have a question. May I know the school district you .are speaking of? Mr. Hornstra-, La Puente High School. 25 0 C. 11-13-67 Page Twenty -Six ZONE CHANGE NO. 383 o Cvo itinued Dick Ross I had the opportunity to administer a 1109 Soo Rimsdale Junior High School in the Covina Valley Unified School District -immediately adjacent to a shopping center and found this very difficult to administer, At the present time I am ad- ministering a Senior High School, the South hills High and I can't • imagine the problems that would prevail if we had a shopping center adjacent to that high school. I think the law enforcement officers would concur that with the problems we are facing with Senior High School students to have a nuisance value that would prevail with a shopping center would be extreme. I hope that you would see fit to tee your conscience in this regard. Thank you. Robert Btbenev a �/�R (mr. asked for 6 minutes Attorney at Law discussion arose by oouncilmen.� 1502 W. Service Avenue Councilman Nichols-, The onl comment I woul like to �uak although we have no rig d protoco.L, he opponents have_ already taken time in, excess of what the proponents have taken and most of the evidence is repetitious in matter and I feel that an extension of their time to a considerable excess will only encourage the opponents to refute on until the wee hours of the morning. I would oppose any further extensions of the three minute limit on behalf of the opponents. Councilman Snyder-, * Mayor Krieger. Councilman Gillum-, Mr. 'FRIIlle-1' I would tend to agree with that but for both sides ® a filibuster doesn't.do the case any good. In fairness the proponents took exactly 50 minutes, the opponents have now taken a tot�ii of 55 minutes. Are you representing a group? Yes sir, I am. Mayor Krieger-, You were asking for 6 minutes. Mrs. Preston roll call. On roll call vote Mr.� was ranted 6 minutes, 9 vote being as follows-, AYES-, Councilmen Gillutm., Gleckman, Snyder, Mayor Krieger NOES-, Councilman Nichols ABSENT-, None Mayor Krieger-, 6 Minutes will be granted. Mr. R. -, I will refer to and incorporate by Previously to this Council reference and possibly save sometime., tD some of the presentation made when. of the subject property pending Commission I represented the homeowners to the north in 1966=67, as I did at the Planning I asked permission to incorporate that bntire presentation into this particular meeting - if I may? *Mr. Terzian, City Attorney-, It is difficult for the other side to cross examine or refute or do anything unless you could be a little more specific. I would suggest you at least summarize or repeat. Mr., it. I will refer then to the letter of December 13, 1966, over the signature Honorgapplication similar to the one weohaveshere, ZoneeCasse 5172, ating piece®ofan 26 C,.C. 11=13-67 Page Twenty-seven ZONE CHANGE NO. 383 ® Cont E.ni-io property near Nogales High School, At that time that which was pertinent in that matter reads as 'Lallows° These are the reasons given by the Council in oppostinga 1 - 'There is already existing in the general location a large heavy commercial development which serves the entire area; 2 - The subject property is in the center of a single family residential area; 3 - 0-4 which is unlimited commercial zoning and R-3 multi -residential zoning in a residential neighborhood constitutes spot zoning which has a detrimental effect upon property values and family living environment in the adjacent residences, 4 m The subject property is located just to the south of an existing high school. The Planning Commission of West Covina has just denied a similar application for commercial and apartment zoning adjacent to an existing high school and because of detrimental effect of increased traffic, police problems, etc. Now let us turn to a couple of comments made by the proponents. 1 o Insofar, as the particular statement of the proponents which is attached to the application, there is a statement made bald face without support either in presentation of testimony or otherwise that the property has a value for R®1 purposes of #20,000 per acre and no more. Not one bit of evidence has ever been presented to the Planning Commission or to the Council or anyone that the property, has been offered for that price and that price has been rejected. 2 - We contend that pursuant to the Planning Department report of December 7, 1966, and also the minutes of November 1, 1967 at a meeting with Williams, Cook & Mocine, relating to the Huntington Beach Freeway m that all we would be doing is shifting the revenue from one other place in the City to this particular location. Lastly, one other comment concerning the presentation by Mr. Garvey this evenin� , there -bras a c mment ma e and uctations m de fr m Roger Arneburg°s presentation which lis�ed 10 points an � very quick y we ind an interpolation from the use of zoning criteria for industrial roperty interpolated to commercial propert and then the entire repor as if it applied to a commercial development rather than an industrial. I call this to this Council°s attention because I think- it is worth of consideration that it did not apply to commercial development but to industrial. Thank you for your consideration, Mr. Ter.zian, City Attorney-, EB/NFR Mr. F s Mr. Terzian, City Attorney-, E��NFie Mr. _ O Mayor Krieger-, This petition you referred to is this a petition that you filed at some prior nearing before this Council? Yes. It was on. file m Zone Change No. 371. Do you have it with you? No. The Council did not particular reference All the rulings were petition submitted to this Zone Change No. 373, �o Mr. Terzian, City Attorney-, If you had the petition here and offered it, the Connoil might be willing to receive it because then Mr. Garvey or anyone on the other side could examine it. I take it, it is a petition similar to those submitted signed by opponents? E-81AI EIR That is correct. And these are the people I represent and for this purpose the situation was, I wanted the Council to be aware of what make a ruling with to that petition. based upon a m27— o-Co 11-13-67 Page Twenty-eight ZONE CHANGE NO, 383 ® Continued Mr. Terzian, City Attorney: Thank you, sir. Councilman Snyder: As a point of orders I have never heard in a zoning case before of whether evidence is evidence and being thrown out •or determined by the City Attorney, It certainly would be proper to refer to the fact that this petition was presented to the Planning Commission and we have access to these records, Mr. Terzian, City Attorney: Councilman Snyder, I do not make these decisions and I do not throw oat what evidence to receive. I am evidence nor do I just -indicating the tell general this Council type of evidence that can that isn't before be received. A man can't say refer us, that no one on the other side to can the petition examine and see © this is not evidence. Councilman Snyder: The 'nly reason I bring this up is for criteria. I.think we have a right legislatively to receive any evidence we wish. Mayor Krieger: Do you, Dr. Snyder, wish to receive the petition that was filed with reference to the proposed zone change on January 99 1967, having to do with Zone Change No. 3717 Councilman Snyder: It doesn't really matter. But for my • own confusion and those in the audience that might be confused, Mr. Terzian, City Attorney: With all due respect Councilman Snyder, there are certain limitations on the type of evidence that may be received by Council, even in this type of hearing. I admit they are broad but one is a rule of fairness to be followed m if you refer to a document or submit some kind of evidence the other side should have a chance to examine, Mayor Krieger: Alright, there has been n offer made with respect to this and here is no present issue to -be decided by the Council. testimony by opponents. We will go ahead with the presentation of Madeline Janecek I Just want to reemphasize the point on 808 Soo Hillward traffic. Students walk to scrlool, there are no sidewalks on Cameron except in short spaces. If some of these people could see what the traffic is like on Cameron now with students walking. to school early.morning and late afternoon, the elementary children waiting for buses, etc,, I am sure the life of at least one student is worth far more than any commercial area at the corner of Azusa and Cameron, Louis Brutoc:ao (Mr. Brutoc ao asked for additional time 3325 Noo Aldenville 6 minutes.) Covina Mayor Krieger asked Mrs. Preton, City Clerk to make a roll call vote whether or not the request for additional time would be granted: bequest of 6 minutes granted by roll call vote :as followso AXES: Councilmen Gillum, Gleckman, Mayor Krieger NOES: Councilmen Nichols, Snyder. ABSENT.- None Mr. Brutoc;ao further requested the use of the map on the blackboard and also requested that an additional map be presented on the board. Request granted. C o , U 0 11-13-67 Page Twenty-nine • n ZONE CHANGE N0. 383 - Continued Louis Brutoc:ao; First of all you know all the reasons why the Zone Change was denied in the past and those reasons stated today. Getting into the actual economic feasibility study of the case that the applicant is proposing, I would like to point this out by stepping over to the maps. I would like to refer you to the marketing area map brought up by the proponents. You will notice the regular orange area actually covers a portion of the commercial area south Azusa Avenue. This is a substation which is in the County and immediately south of this line is the commercial area to this point. This line does go through this part of the commercial area. If this property were includ-ed in this marketing area proposed by the Planning Department and the proponents you would find that by their own testimony that this area would not be required because you would have 11 additional acres to service this area south of the Freeway. Another point we wish to make m the actual division of the marketingarea is really at the top of the hilt. The top of the hill creates wo marketing areas so this line should not be drawn through a proposed shopping center zoned since 1963. This should be taken into..consideration and the top of the hill should be used. (Mr. Brutocao, used a disc representing a one mile radius and explained the entire area on the map, stating that the one mile radius was recommended as the need for a service area, and that with existing commercial and the proposed core area, that actually there was no area not being serviced within a mile,) I feel in that you should take into consideration that yo dalreadythave exagenctly y, you already have exactly what the proponents are asking for, So you have all these services that they are requesting. I would like to bring in that on the steering committee a statement made in answer to a question by Mr, Pete Whitney Pth reg d to an area o -Azusa Avenue and the future Huntington Beach eeway, f it were loca ed in the ggeneral areas they speak of which 'Would be about 1000° west of Azusa Avenue, in answer it was stated that Pt.ofe.ssional offices might be appropriate here, also garden apartments would be excellent here instead of commercial property.." Now this was said on November 1, 1967.. I don't believe there is any time, (Disc was submitted Don Casler 1733 Alaska St, Mayor Krieger.- AYES- Councilmen NOES. Councilmen ABSENT- None Mayor Krieger: I thank you very much for the time and necessity for the zone change at the present as a one mile radius disc, as evidence,) (Requested five minutes to submit all new evidence,) You request is all new Preston,,, Gleckman,.Mayor Krieger Gillum, Nichols, Snyder 5 minutes and you state it evidence. Roll call, Mrs. Your request is denied. Limited to three minutes, Don Casler- The granting of this zoning would have a tremendous effect on the neighboring properties immediately surrounding. this property in that there is a Federal Law that re Mates property facing commercial property, they are automatically eliminated from Federal assistance financing, I can state this under testimony that this is in fact true. Properties on Cameron, properties on Azusa, that would in :pact face commercial or industrial zoning are in fact eliminated.from Federal assistance financing meaning that the FHA could'no lon er come in and finance these homes ik they were sold. I would also state that approximately 80% of homes sold in West Covina and Covina are sold under Federally assisted financing. This is important. This is not the Army ®�9® ' Co Co 11-13-67 Page Thirty r � LJ ZONE CHANGE NO. 383 ® Continued where you can say we can sacrifice this little guy for the good of the bunch. This isn't that way. We are talking about a number of people here who will lose 80% of the prospective bLTbrs of their homes when they do decide to put them on the market, eliminated because of the fact they can't come up with a down payment, the financing is long, the interest rate too high, etc. This is what I meant by new evidence. This would be a crime against the people that I don't think you can do. I would like to read an excerpt from the preliminary Sketch Plan that hasn't been covered here m "An important exception to these policies are the extensive strip develop- ments which like on south Azusa Avenue and north Glendora Avenue - these complexes provide more than neighborhood services. They are not org.a.nized-into true centers and they are outside of the core, but as substantial existing investments they must, of course, be accommodated, .Sketch Plan policies will be designed to prevent further spread of such ;developments,"� Mr. Jett, stated that people couldn't vommute because they had to have two cars to get to the shopping centers _ I dare say the new mini -bus, presently being test run in the City, if put into effect in the City will eliminate the need for two cars. With regard to -property values. Property values do immediately go down. I am a professional realtor and property values adjacent to a center like this do go down. Eventually they do go up, normal inflation will make property values go up. Thank you, Mayor Krieger: Let the record reflect there doesn't appear to be anybody else that desires will declare a 10 minute recess, to speak in opposition. The chair (COUNCIL RECONVENED AT 10:40 PoM. MAYOR KRIEGER ANNNOUNCED THIS WAS THE TIME FOR THE PROPONENTS REBUTTAL, REBUTTAL Mr. Francis Garvey-, you stated you were a Mr, Casler-, Mr, Garvey-, Mr. Caslero Mr. Garvey. I would like to direct a question to Mr. Casler, (Mayor Krieger called Mr. Casl,er to appear) Mr. Casl6r, professional real, estate man? professional real estate man's Mr. Caslers Mr. Garvey-, That is correct. Andou re familiar with the area in whicK th s property is located? Yes, I am, As a professional real estate man do you have an opinion as to the highest and best use for this property from a point of view? Yes I have, Would you state that opinion? Mr. Casler-, My opinion as I verbally stated was if I was in Mr. Handler's position I would be here fighting for rezoning on this property if I owned this property as I believe any citizen in West -Covina would be in here fighting to the best of their ability and I don't begrudge him fighting for it, but I hope he won't get it. m 30 — •Co Go 11-13-67 Page Thirty-one 0 ZONE CHANCE NO. 383 - Continued (Piioi to Mr. Casler°s answering Mr. Garvey°s questions, he objected to answering,- Mayor Krieger suggested that he first hear the questions, after hearing the questions he answered without further objections, ) Councilman Snyder-, As a point of order and I only bring this up because it may come up again under cross examination, a man does not have to answer because he is not under subpoena, it would seem to me,, Mayor Krieger-, I don't believe that is of value at present. Councilman Snyder. It is to me because I don't know whether the man answered because he felt he had to answer or because he voluntarily answered and that is why it is important to me. I do think it is germaine to the point, Mr, Tertian, City Attorney. I believe he has the same obligation to answer as if he were in court. He has testified under oath and the other side has the same privileges to question him. Councilman Snyder-, But the question was not directed to anything he stated under oath. Mr. -Tertian, City Attorney-, Well. you do have a certain amount of duel latitude.in cross examination, • Mayor Krieger: Dr. Snyder, do you really desire to pursue this, if you do we will pursue it at this juncture? Councilman Snyder. Yes I do, because I believe it could be an unnecessary burden on witnesses before this Council, where they are forced to answer questions when they are not under subpoena which may or may not be related to the question at hand. I don't th-ink ii got out ®f hand tonight but if carried further it could get out of hand and I don't believe it represents a trend of democratic or legislative procedure, Mayor Krieger-, As the presiding officer I assure you Dr. Snyder, that if at anytime on the cross examination I thought it was getting out of hand I would have asked an opinion from the City Attorney,, Councilman Snyder: I am not criticizing you I am criticizing the preceeeni that may be set a year from now, Mr, Tertian, City Attorney-, Councilman Snyder, if you wish o in fact it is my intention to do so anyway, in view of the fact that there seem to. be more and more of these contested hearings coming aloe it is intention to prepare a written opinion giving the outlines of right to cross examination, the.kind of evidence that can be received at hearings, etc. As you know there have been fairly recent changes in the Zoning and Planning laws of the State that has affected this area and it is my intention to provide the Council with that in a reasonably short time, Councilman Snyder: I.think that would be helpful in the future 'Mayor Krieger-, Mr. Garvey what is the time estimate for rebuttal? (Mr. Garvey requested 15 minutes,,)- Mr. Garvey has asked on the outside for 15 minutes of rebuttal time. This will be on items brought up in opposition, Mr, Garvey, Roll call, Mrs. Preston.... 31 . C o '. C o 11-13-67 Page Thirty-two ZONE CHANGE NO., 383 m Continued AYES, Councilmen NQES, None ABSENT, None Mayor Krieger: Gillum, Nichols, Gleckman, Snyder, Mayor Krieger Council has agreed to your request of 15 minutes, Mrs Garvey. Mr, Francis Garvey: I wish to apologize to the Council if there are any signatures in our petition which are subject to question. I have not examined it myself, they were circulated by professional circulators with instructions to get from registered voters wherever possible. I believe there were two called to your attention, I would be glad to subtract the two from the names submitted, Mrs Spicht said that high school students go down Glenview Avenue and then cross across the proposed zone. I would like to point out, first of all, that Glenview Avenue does not cross the proposed zoning. Secondly, in crossing Mrs Handler's propert they are trespassing. We are under no obligation to allow the studeNs to cross there, however, with the development of the Center we will provide sidewalks around the entire perimeter which will make it safe for them to go down Alaska or some othIS Sonvpig�t strp and rjech thep Center. He aid tha6 homeowners wou a wa or chi ren w ereas we wouldnote n er e terms of the lease m the master lease prepared for the Shopping Center there will be permanent em�aloyees taking care of the grounds with additional duties as security guards to prevent any untoward incidents that might occur in the grounds. Mr. Glass, the School Board principal I.would like to inquire were any letters from these schools submitted to the Council? • Mayor Krieger: Council has not received any letters in evidence. Mr. Garvey, It is merely Mrs Glass's statement,, He talked about loitering by students and others. This is something that could happen anyplace, but in the investigations I have made the loitering occurred in places where there are hamburger stands or other eating places. This is true in surveys I made in local schools where the situations occur. The major shopping centers appear to have no problem, I checked with the Police Department and the principals at Covina and West Covina and they say they have some problem of shoplifting from students., they know of no problems in neighborhood shopping centers with regard to loitering, it was usually school people playing hookey or drop outs. I,find that shopping centers are not an attractive nuisance per se and if parents can control their students on the way to school and the school takes care of them while in school, this should not necessarily be its I can also point out a great number of schools which have been built adjacent to them for example, Northview High School is adjacent to the new Sear°s development and a markets The LaPuente School, which Mr. Hornstra referred t , has acros the street from it one hamburger stand and one service Hation and d a onally across Hacienda Boulevard i,s one automobile agency. I would not ca 1 this a heavy commercial area. At the eastern end of their campus are the administrative tuild$ s nd Jjr�fitly to the utheait s the old �, r ion �fwjeRuente own elf, ey have pro ems o tat nature s no neighborhood shoppingcenters, it is with the situation at the hamburger stand, and we do not intend to have a hamburger stand here. On the west side of his sb school on Hacienda Boulevard are single family residences, i becauasesNelson arvenueconeWINCRn iebschoo a es eathetmeinaAreeteeast and west north of Valley Boulevard into the industrial district of LaPuente and connects with Hacienda Boulevard at the extension of Glendora and naturally carries a heavy load of traffic. If in addition it is generated by the school that is probably necessary but the shopping centers which are close could not possibly generate any volume of traffic, Mrs Scher asked for justification of needs and he has never defined what he means by needs and I still think he confuses desire with needs. a32— C o C o 11-13-67 Page Thirty-three ZONE CHMGE NO. �83 m Continued a� With regard to spot zoning, I read to the Council definitions of what the Council could do and this property fits within it. This property wounld not be a spot zoning. Forty-two hundred names gathered in one day - I have some information with regard to that. I know the Council does not cenaider the effect of petitions in making a judgment so I will not explain some of the things that happened in the procurement of those .pieces of information. Mr. Goldstein says the proponent has the burden of proof. At sometime I would like to debate this,, I think your have a burden of proof in an applic&tion for a variance which is quasi- judicial. Certainly Nino Rothcoff on zoning seems to fee-1 the initiative is a pyaroga,tiv}e of the Council and an inquiry into the question as to whether the property is properly zoned an applicant is permitted to file an application but it is only initiative by the legi.slintive body permitting it. Mr. Andersen talked about excerpts from Williams, Coop & Mocine report - Page 14-15 - it says "the principle shopping and commercial services for West Covina should be concentrated in the core area, residential neighborhoods, however, require properly located convenient stores to serve the needs of the surrounding families." Several of these centers LT4 indicatad b;F the Sketch Plansome existing and others in the 11ft1l drneO, dpasi -n d -for,-�:fuAtuAre development' to serve this growing area. Such centers shou�ll§ be designed to harmonize with surroundingresidential with attention to architectural and t0 landscaping and controls on signs and lights, with a range of stores and services adequate to meet the daily nseads of residents, properly provided with aff- street - p,arking should be combined in each center. Because of the large volume of traffic such centers will generate they should be located in this boundaries of neighborhoods served by one or more major thoroughfares. Gentlemen, this is a boundary of a neighborhood in the sense your have a high school, and churches on opposing corners and you have a. major highway as ore of the perimeter streets and a secondary highway as one of the other bordering streets. Now again with respect to commercial, being located near schools, there was an article in the April. 1, 1967, San Gabriel Valley Tribune reporting on the Planning Commission in Glendora, saying - "the Commissions also recommended approval of the school districts future plans to build a, new ouuth Hil1Le , T-a i®r Ii1 .1 School and elementary school. The Junior High School will, be on El Ce 1too: RaiadF, sandwiched between thei Glendora .South Hills'and the Glendora ,East center, The new elementary school will be at the end of -tonne 6uu,z" ray ll s o So Glendora is putting one right against a shopping center separated only by a wash. We ha, ,o, ' _ the Royal lak High School in Charter Oak o this is against Berk&.l,ey. Square Oerntero The Sierra Vista High School was built ait'a ° Berkeley Square nad been developed and in operation. The property had been purchased from the Kerckhoff°s at that time. I don't think it has been a consistent policy of School, Districts tooppose this sort of thing. If we reduce logically what they are saying is because the school is 0103e to commercial property therefore the students •will, get in trouble but they have brought no factual case of Any' arrests in shopping centers, nor have they produced any evidence to indicate that this is an attractive nuisance, yet I can cite case after case where schools have 'been located in close proximity to shopping centers. We will have security guards and we will have sidewalks. Mr. Erdlle.: said that the present owners should_ be protected in their investment. Gentlemen, the present owners are protected in their investment. They have equal opportunity with everyone else to utilize their property for commercial purposes and I say - 33 - 0 C. 11-13-67 Page Thirty-four ZONE CHANGE NO,, 38� = Continued to you gentlemen, that if a. piece of property is zoned in one category and it remains vacant for 4 or 5 or more years because of lack of users th�a the property is probably not properly zoned. That is the case we have submitted with this property in connactior„ tith residential. We have not found a single merchant that I know of, coming before you complaining that this center would take business away from them either From the Plaza,, the Old Center or Eastland, and I think certainly it would be true if the merchants felt that they would be hurt by this additional, competition they would be -the .first ones to advise you of that facto Mrs. Bonaparte said there was traffic congestion around the football field. I submit this is the School Districts problem to provide adequate parking and not the problem of the City Council to negate a °hopping center because theta is traffic congestion during football games. She said rains create traffic jams. This is true any place, but the situation will be somewhat alleviated by the development of this center with sidewalks provided, which do not now Apparently Apparently the City Traffic Department has had no problem with the traffic pattern here because as you know before the Planning Commission hears an applicant there is always a staff hearing at which the Tra-.ffic Department has an opportunity to present its objecti6ns, it apparently found the traffic program here was correct. Mr. Ross talked about South Hills High Schooll.I have a daughter going to South Bills and I know m in walking from South Hills when she can't pursuade her mother or me to drive her, she does have to pass Eastland and Montgomery Wards. I. •did not hear Mr. Ross, as administrator at South Hills, say that these caused any trouble, yet a great number of South Hills students pass both of°those every day. Mr. Errol its, . says we have not Justified the claim of $20,000 per acre. Gentlemen, four years ago the 14, acres immediately across the street sold for #19,00o some hundred dollars per ]:.ne't acre in the sale. I think in the four years, taking Mr. Casler°s viewpoint, that $20,000 is a conservative figure for that type of property in West Covina today. Mr. Brutoca.o aas gone circle happy here, but I thank if you notice what the Pi �,ng Commission did you have a free form design for a trade area. gntric circles are not the n ure o tr de re s conseq�uen l is im roRar nd llj�ical to a amp t to s ow ra�a areas.in o a on to ac of ar y e means of a device such as that. Also the circle may be one mile in diameter, yet nobody said what the scale on the map was, as to whether they matched. Gentlemen, the fact that there may be competing property in this area does not Justify denying this. We have incorporated by reference the Planning Department report, which established a neeed for the property. We would have made, as we did at previous meetings, a fall scale economic report had not the Planning Department done such an. excellent Job. You gentlemen, are all aware of the economic factors which are involved in this property and in its potential, to the City of West Covina,. I respectfully request that you recognize that this property standing on its own .for a long period of time has borne the wrong zoning label. I submit to you that we have more than Justified the change of zone. We have, if you will, borne the burden of proof by the incorporation by reference of the Planning Department's report and by the reference to the points from Mr. Arneburgo Incidentally, in that respect, Mr. Ebbener° criticized me because he said that related to industrial. This is what I told you at • the beginning of my talk, that the points were taken from p. oppq that involved industrial zoning but I said they were so comparable I translated them in terms of commercial that it was fair to measure the need for a change of,zone generally by these criteria. I left out the two strictly industrial criteria which were in there. I want to tjl�` you .for the patience with which you have heard this hearing and I commend to your attention the material you have received, the evidence we have presented to you, 034- 0 o ' C a 11-13-67 Page Thirty-five ZONE CHANGE NO. 383 - Continued and I respectfully again request that you grant the zoning requested which is C-1 so that this property may be developed and will no longer remain a weed patch and an eye sore to the community. Wm. F. Burnett-, I would again like to state the circles • as drawn do not establish a trading area. I have been involved and specialized in the development of shopping centers throughout my career in the real estate business and I would like to state that these trading circles do not establish a trading area senor does the fact that commercial property exists within an area lead to the conclusion that that 9operty will be or could be develo ed commercial. I can appreciate , Brutocam's situation here. He has had property zoned here for a considerable period of time but`•I would like to refresh his memory that our firm has worked with ... a Mayor Kriegero Mro.Burnett that has no bearing on this case, Mr. Burnett. I thought it was of importance because of the fact he stated within the existing zoning. And within.the. area that his claimed to be serviced by the trading area established by your Planning Department that there was no need for further commercial. Mayor Krieger-, We ;welcome your evidence on trading area -but not specific property. Mr. Burnett-, I only wish to state that this site does present the only logical area for •the establishment of the Center, and I request that this change for zoning be granted. John Roffisss. With due respect to Mr. Casler, his statement with reference to the PHA financing in the zoning of commercial property. May I call his attention to the fact that GI do loan on commercial, developments, furthermore, FHA has a restriction - this is correct, on property facing the industrial site bikit it must face the industrial site. And in speaking with my neighbors every home in the 80.0 block dial not go GI or FHA in the last few years., it might have originally, but it is now basically convaifton.al financing in the area. There being no further rebuttal testimony motion bT Councilman Gillum, seconded by Councilman Gleckman, and carried, that he proponents rebuttal period be closed. THERE BEING NO FURTHER PUBLIC TESTIMONY, COUNCIL OPENED FOR DISCUSSION. Councilman Gillum-, There were some statements made which I would like clarified. Mr. Menard, this map referred to as Williams, Cook & Mocine m was this supplied by therm? Mr. Menard, Planning Directors • Councilman Gillum-, To the best of my knowledge it is not, Mr. Brutoct6 is this map from Williams, Cook & Mooine? (Mr. Brutocga answered from the audience to the effect that it was not,) Councilman Gillum-, I was trying to determine that this is not the same Sketch; Plan that apppears with Williams Cook & Mocine, I would like to. make a comment about the petitions that were circulated. There were some very nice ,young people that came to my door and after some of 35 11-13-67 Page Thirty-six ZONE CHANGE No. 383 - Continued the testimoney this evening I am not sure of the kind of teenagers we have. We kept saying we have problems with them, etc., and I want to say that I am proud of the young man that came to my door with the petition. He was a very polite young man and represented the young peo le of the community very well,. He came to my door anc stated his •pos Lion that he was circulating a petition. He didn't know me or where I placed in the City and I listened to him and asked why, and he said that this commercial was going to bring narcotics to the school campus. I thought that this was probably his individual thinking but then I n?ticed that there were many yours people going from door to door on my o of t em and asked the same question, one young lady asked that I sign it so that narcotics and pornography would not get on the school campus, All I have to say is that I think this is wrong to send young people out. I don't know who sent them but I don't thank it is the thing to do with the young people in our community. I know there are strong feelings in opposition to this and it bothered me greatly. I know some of you are shaking your heads out there, but I am telling you a fact - they were nice clean young people but to go out and say that narcotics are going to be on the school grounds YOU ars taking a slap at our present commercial, developments and our present merchants, Someone stated this evening that women are afraid to go into the commercial areas in the evenings and on weekends. I have laved in this community for 12 or 14 years now and I don't consider it a hazard for my wife to shop at either centers in this area on any evening or week end. I think it was a slap at our commercial people, Comments have referred to Mr. Menard°s report and I would like to commend Mrs Menard on his report. We are asked to make a judgment and • asked to make it on fact. Mr. Menard has stated facts as a professional Planning Director, I am not, I have to rely on the profession4l, In the last public hearings the last Planning Commission hearing the statement was made that Mr. Joseph in his last report opposed this, so I took the time to write Mr. Joseph and send him the material, The City Attorney informed me that I cannot introduce this letter from M. Joseph into the testimony, but I can tell you that Mr. Joseph .feels at this time this property would be properly zoned as commercial. Mr. Joseph knows the background on it, he is a professional and in private enterprise and I thought by tasking to him I could get some additional information. Mayor Krieger: Mr. Gillum, I hope you are not pursuing this matter further. To paraphrase a lci,�'tter would be the same thing..... Councilman Gillum: Alright. All I can say is we are asked to present a judgment on fact and that is all I can. dos Therefore, I only have one decision. I know there are strong .feelings against this. I have had phone calls and letters but I was elected in this City to represent the City of West Covina, I stated it then and I still believe it that this City is going to grow whether it is wanted or not and with a large City we are going to have to have certain things because along with that goes many other things. I supported this last time and I now have before me more facts by our Planning Department and through my own investigation. I feel I would have to support it at this time. •Councilman Snyder. I have a question of Mro Terziano If accept the fact that we afire at least ayou matters under the California lawq at 199ipeopleehave a r g, oian Wing ultimate decision under a referendum, my question is m if all criteria of zoning are shown by the proponents such as need Of good zoning without a doubt in anybody's mina general welfare, eyes, dator upon a council to vote zoning? Would a court overturn sthe dit cision? - 36 - C O 'C C. 11-13 =,67 Page Thirty-seven ZONE CHANGE NO. �8� - Continued Mr,, Terziann City Attorney, Councilman Snyder, in favor of the general welfare grant what is requested or the do? Mr. Tertian, City Attorney, within the properly executed 'the application or deny ito Councilman Snyder, I am afraid I don't understand, your question Dr. Sr;yder, My question is - there have been implications by the proponents that if all the facts are in favor of zoning and then is it mandatory upon the council to courts in effect could overturn, what you That is not so. I consider it is simply argument presented both by the proponents and the opponents. It is discretion of this council to either grant That answer's my question,, Councilman Nichols, I think there is no question that the body of evidence that has been presented by both the proponents and opponents can be interpretated by and large as a person wants to interpret. I think one mar. in �ocd conscience can reach a conclusion diametrically o posed to another man s opinion. I think in the final, analysis each councilmen has to determine in his own, mind what weight the evidence that has been presented, carries,, It has been less than a year, I recall, since this matter has been before the council. It was turned down at • that time. This entire hearingthis evensng � as far as I am concerned has been almost a repetition m word for word of the same thing. NotAing has changed,, The setting is the same, tha smog is the same, everything ' is he same includin all the testimony. At that 'time I opposed this. I don t see that anyth ng has been changed to Justify a changig in my gosition. It is extremely easy at a time like this, in this t7pe of a earing and setting,, to be emotional. It -is much more difficult to be persuasive and my experience on the Council has told me that I will succeed in becoming emotional before I will succeed in persuading any of my fellow councilmen so I am 'trying to mare m rema,.rks very brief and summarize what I think to be the meat of my feel ngs about this application. I think the `�'a,nt wig of this zoning would do a ver great injustice to all of those abu Ling �opert owners who made the r committment to an R-l., nei,ghborh,cod with he rig tful expectation that that R-1 neighbor�ho6d would remain a R-1 I think th ,t is fundamental to 'this issue and I don°t think you can slop around tha� by talking --about what is in the greater interests of the City or anything else. You are talking about one person who stands to refit and a few people who stand to lose. That is really what we are to about. I think that the argument that the pre anent uses 'that they wi11 brinngg additional, financial benefit to the City s a faI1814ious argument. By virtue of the trade area ma they have drawn and submitted they do not indicate they are going to draw a su'Ibstantial, numbers of people from Glendora or LaPuente or outside of West Covina,, All of us are sensible enough to know that it takes a Robinson's or Bullock°s or some major appeal, to bring people from out of the community. So the dollars that will be spent in the Center would have been spent by and :urge in West Covina anyway, I think we need to understand that and whether businessmen prefer harti�t is thin �rgblm to come and tell s of trell us but s w e a oca us ness center, I don ° t o anyone caL really Vispute it,, Finally, the evidence presented here tonight points out that the overwhelming majority of the citizens in this community, numbers, is are p o ed to thi onng ThPlniirector made a report n ?avor o h s coning u his �?lann g omm s on considered it very carefully and turned down his recommendation 4, to I„ Now it depends on what side of the fence you want to choose, Wehther you want to back up the Planning Director's report and use that as your Bible or the - 37 - 'age Thirty-eight ZONE CHANGE NO. :383 O Continued Planning Commissions report and use that as your Bible. It all depends on how you feel and want to respond. But the people that have spoken 'by and large have spoken in opposition,. I looked quickly at the signatures that the proponents submitted and the spokcesman. for 'the proponents said that by =nd large 'these wer6a peoplt in this trade area, but by and large they were not, By and large the names on this petition came from west of Glendoara, Avenue on that petition. I 'would not want to get into a figurative debate but I would bet that close to half of the si natures are out of 'the trade area. That is me_�rely a debatable poin , it only points out that they are not significantly people immediately around this area,. So in conclusion I would saythat I would prop se to continue _the posit ion I took,tha,tt 1paki a'ur total community ?'k�e 'true neeQds f'or a, ,c�,mme.rcial, de�e' to me�,�r.' i�n eet �ovina, the true needs as ex�rcessed b'v our citizens, as the efeal,ing expressed bar the Planning Comm�.ssion, ttn, School No TNI,, t1.n.e Council pf Parents - Teach rs and over ur thousand c t:� ens, �t�hO n�ed ran.' t there for a. shopping cen- at s my conc.�us -on ane'ha," i be my ��oteo Councilman Snyder-, I would agaves with Councilman. Nichols ..t:ba,t 'this .is a repetition. of the hearing of; approximately a year ago except to state that I sieve both sides have presented a muc,,h ,'�� Atcer case. I think the proponents have, presented a go I oa.�,ca From text book standpoint also economic standpoint for their sides f the argunento I do feel that this development would bring extra saa� �s dollars i��'to the City because on a business standpoint 'rye axe ODMetirlg with Cur x_,P19, :vrs and there are shopp° g centers on our bi .,) .er bat they m1gtt, shep a't� TSnstead of here in West Covina, and we are continu�al-1 ccampet�ng on a .fairly competitive basis for the bales tax dollar,, TbA pax fa,ct,or there is no etoubt •that Commercial property plus the, sates tax would bring ina, m`ure revenue .fie fors oing into faxrther are xmennt I would like to tint out some fa ,:� ac ieff oaf° a p� 71men;t that I feeloccurred here onight, 1 - the discussion about sid awalJce o Y,,,))u are going to have sidewalks here pyu have homes (UM ,4o,mmsr ial and he same width streets. 3, �dcyj't ttata his caomm,F,ia1 area would,increase tra.fficc� very mach at the echo o' . An.d .regarding narootics e' e is re ©� se ,�� tee f o,m thft,,� ]�c�a.s"ing o rcot,� c axartists a. d s my mpr ss on a me ��a� c, o: gs ¶;���ern ��es, ��t�n ta, ,ing about marajuana is sold on the schoal �,,��y��,md and. not at'neighboring commercial areas and 'where is eQme evidence to sup.po)r"t this. There was also much discussion regarding tha lagal,ity of ..fie,-_ pe�tyi icnrs and that Petitions as evidence in htia s ixe��gs Orr 2 0)t n�eceCSs ily '116egal petitions and have little effect an this gounailWe �, �j'e to weigh. on how thee, were obtained, the enthusiasm o the petition assers, seta. A petit -on t t y be good or bad, depe.ndl.ng on, what i says And how it was I don't think, tb,at the ipzro on,elnt s have, given any evidence here that to `��ulild, homes 'vou;l.d r'tn don his a -ea or make it less valuable or the Cilt v less a,ttra,ctiva. It seems to me fromour standpoint up here we have t' detsrmin.e zoning matters on critearia, of zoning, the same Criteria, that the Planning Director uses with further considera,tiona, however. The Planning Director b.as to consider public need, general welfare, good zoning practice plus zoning ex:pe:riem,ce within. the City, but the people of the City have a right to dr- term.ins What kind of a Cit the want and they have aright to dete i.ne the fact they might want al res dential with no commero i.a,l at all. 4ain we have no vote on this subject, but if you are a politician and have been in for •awhile your, get the feel of what the proplce want, you get a. Certain Feel cf the citizen and I think the feeling has been constant over the years that the people .feel strongly against having commercial orheavy zoning here and I honestly feel to allow thlo here would begin a future breakdown of Azusa, A.ven,ue to further, Commercial zoning. Although again from .a; strictly Uxtbo,�ok standpol2t they presented a good case and I think the people have spoken that they don't want this zoning at this times although from a textbook sta,ndipo_tnt thal proponents haven't sold it to the people. I think we have tow represent as loyell as seek what is best for the City of West Covina and for the people. INeel, that this commercial zoning is not best for the people. , 38 C o C o 11-13-67 Page Thirty-nine ZONE CHANCE NO. ;7,8 - Ccontinued. Councilman Glackmano. I have haard tt,,e testimony this evening and the testimony at the last hearing. Y4y position was a little different at the last hearing,, I felt then this property was not properly presented to this Council from. the Planning Commission with a proper recommenda- tion the motion was a negative motion and I Voted against denying the zoning in this particular instance and for that reason many said I was for the za nR under these circumstances. It is like asking the people out there hoer they voted on the skean a,me�.dment and if y�rou Voted " No 11 that means you are .all dirty. I don't believe in at phil,ospny,.I believe it takes an explaration to the people. I think this whole area is decided by emotion and not by good planning. Reret� omwa ht�i a sptha`t a�ren� t begin broau h you the e�ren ng that resen area that ever oc sl s ack an a s 11 we ®n�'t wane it ow, maybe n Xt 8e � ma -be tWo ears from now may e five years rosy nowyet yo n around ar say we hav(i io elect people to the Council -Who luck into the future. We have to elect peop e to our Council and of Planning Commission who . -try to have some oresight and who know some of the conditions that prevail in our Citi I don't blame `the people living iro.ct y el se 't0 is project be ng vehemently opposed to h.e proJ o Af Ar a` l a, acts `them persona,ll.y and we wouldnv t expect them to act any other. way. Asa Councilman I sit here under different circumstances. I sit here 'talking about what area will be 'ghat in the future a:rad what benefits or problems will it create in the future. Lad there is no doubt in my mind that Lzusa and Cameron is a problem, :not only in 'this communit but. any c mmunity where a corner is laid vacant `��hat, kA s two of the highest `traf�'ic thotou °hfares� of -an in the City of West ovina,, The only street going east and west th,? - _K it and 'the only street going north and south connecting with the three freeways. As far as traffic on Camer� am a li,tle lstu-be wta to School Burl tehei recommen at on, not rom e s`k �a ui n o, be ng ag a ns e ox ng but for ll, years Cameron has sat and i not longer '�+itYr no sidewalks, with no streets and they, have never come to this Council with the recommendation - protect � r 4,Aldrsn. Not on lb,,aya they gnome to this Council in spite of this its <<o;uncil spendling 0,000 a year putting in sidewalks curbs and gutters in and around our school, districts to protect children. I am a little upset with that. I think if anything they should have come here with, a recommendation, to get Cameron paved. To get the people living across from West Covina Nigh School., if not to dedicate but to at least und.erstai-nl the problems we have in our community but not to come in with nat in hand and say ws- are concerned now for our children, don't Put in a commercial center. I "think it is more important, as one woman said, 'too sae a life "than to talk about zoning. As far as the, problem future of Cameron, we have plenty of problems to face in the future. I don't think anybody in this room will den �r the fact of the Huntington Beach Freeway ;proposing to pome through `the City of West Covina, You say it shouldn't have effect can this zoning case m I disagree. First of all as one party said when the Huntington Beach Freeway comes thra'agh then you will have a little bit left for commercial then what will you build on this so-called commercial? Hot dog stands - Taco stands, etoo I think sometimes we have to hook into, the future and see if this is what the future proposes,, Let's get some- thing good if we have to have it at all. The Citizens Committee are studying it and will, come in with a recommendation. I don't know where it is going to be but I know it is going to be a problem. We talk about 'tapes, anything we put on that property will increase the existing present taxes. When we talk about -homes, sure he can `wild residential homes on there , there is no doubt in my mind, but would anybody in this audience buy one knowing that Azusa and Cameron is as busy as it is, that the Huntington Beach Freeway may come through and some of you sitting in this room may have to give up your homes to the Huntington Beach Freeways I want to see this same reaction by this same group when a recommendation comes in or when we talk about the Huntington Bea,cb, Freewa o I want to see this same 'thing when you people teal me we can't pint t at Freeway through here. I will fight with you on it but let's do it a sensible basis but not on an emotional basis. I agree the most popular decision of this Council tonight is to turn down this zoning and To home and be friends with everybody here and play hero, but I don't think it is the object of this 39 C Co 11-13-67 'age Forty ZONE CHANGE NO. 383 - Continued council to do that I do think it is the purpose of having five people elected from this bit to try to "'1,00k out for all of us, not only t�ose In r om but thos ivies � a i ove th, Ci ty� Aslth®� h this pal.cu ar� zoning wl m:os aversely afec she eopH in and around it thsre's no doubt ',in my mind m but band is no+� grow, ng in this community. .L don't know of any land to the east of Azusa Avenue that in the future could ever hope to go commercial, neighborhood commercial, or anything else, to service some of the people in the east. An attractive nuisance no doubt in mar mind it will bey an attractive nuisance,, as big an attractive nuisance as we allow our children to create it. Don't blame it on the commercial centers, blame it right here in our owe Tlom.eeo And I am s-Deaking of me, too. I can't understand how :m-any of the zon.lGng oases . pasued that came up before us in the �i�e.t i n and a.rraul-LLL b�aools, iw. examDle ® Pioneer School m where a commercial development was put In right next do -or to_: where li�tt�e children will have to cross in order to go tc That school but I don,.t want to take on the School Board, they have their own reasons for coming in but they weren't heard from at that time or anytime except now. I don't even want to go into the reasoning. I think basically for their coming before this Council with the protest that they have, is appropriate. Don't misunderstand me and it is well deserving but I wish they would be more canaistent in what they would like to have for this community. General welfare - I don't know, I think a lot of reople could benefit from it. I know the people that would get hult'by it. About new conditions, somebody spoke about the General flake in 1962. All I can tell you that the traffic on Azusa. Avenue right now has surpassed what they generated for 1980 and that's before the Pomona Freeway opened up. 1962 they knew Cameron was going to came through but they, didn't feel it would generate that type of traffic either. The point I am making is I don`t feel as a Councilman I should make a0decision based on emotion even though I would like to. I would like to vote the way you. people wand me to vote so I could be a nice guy. But would I be doing Justice to th.e community of West Covina? As far as I am concerned and I say this in all sinceraity, I don't think your core area that is put up on that map w.i'11 be developed for forty years. We can° t pr°esently get the existing so-called commercial owners in our community with all this vacant commercial land to entertain bringing in a Bullocks or Robinsons because of the ridiculous price - don't misunderstand me, private enterprise they are entitled to 'ask fifty times what they paid for this. But when are they going to loosen up so the rest of us wouldn't be sittixn� here tonight talking about a zoning case in this particular area,. We can t get an individua.11, with aoreags to do something; about their vacant commercial property, and you mean to tell me we are going to get hundreds of hom eo tiers in this core area, to agree 'to sell their land and put in commercial. It is n.io s of the people 'to talk about a core area but will ycu same people come down here and testify against those homeowners so t%at we can put commercial around their home areas and not yours T Let's be fair, that is all I ask. I don't kaow "whether this is the highest and best use for this property but I just don't think the people right here aside from emotion proved that it is not. Mayor Krieger-, Mir. Menard will you Please read me the pe3rmitted uses in C- 1? (Mr. Menard, Planning Director, read the permitted aoa.gss under, C.-I. ) Mayor Krieger, Mr. Menwrd, I would like to ask you some questions about your report of October 18, and before any of my colleagues on the Council draw an interpretation from the questions I am going to ask, it is only with the objective and desire to get some additional, information from a man whom I consider extremely well qualified to hold the position of Planning Director in this City. Mr. Menard, I find some difficulty in distinngguishin between a, neigghborhood center and a community canter, could you help me w th this concepts Mr. Menard, Planning Director. The criteria I eased my conclusions on are the criteria, I personally ntili,zed for some 3 or 4 years,ln an attempt to ��tiO� C.' C. 11-13-67 Page Rorty­,cme ZONE CHANGE NO. 38 - Continued substantiate them professionally when our planning consultants were retained I requested their planning criteria, and to which.1 agreed. This criteria states the followingc., The major function of a neighborhood center is a sale of convenience goods or personal services •while that of a community center is of some function -to the neighborhood center plus the sale of shopping goods, wearing apparel, appliances, furniture, etc. Mayor Krieger, Now can you distinguish the permitted uses within a C-1 zone within these criteria definitions? What we are going to have in a community center that we do not have in a neighbor- hood center in a C®1 zone? We received this report and I looked at the same criteria. Mr. Menard, Planning Directoroo One thing that comes to my mind immediately would perhaps be a f-urnitur(a. store. This is typically a planner's criteria as 'to whether, you are talking about a neighborhood center or a community center. Mayor Krieger3 In your opinion the permitted uses that you have read to us from our Municipal Code in the C-1 zone would be referred to as a Variety Store? Mr. Menard, Planning Director-, I would say that is true - the kind of a facility that is located in a neighborhood shopping center could be termed as that which a housewife might have occasion on a weekly or several day basis to pick up an item - service commercial. That thing that is closest to the home - the loaf of bread, the dry cleaning, the be-auty ehop, where you get your hair out - -these kinds of things. Now all of these 'uses might be a community center, also. Mayor Krieger.- In Your professional opinion do the c�riterla that.; you have set forth 'under 'the center, fall in fact within our neighborhood center and the community 0-1 zone, so as to distinguish a community center from the neighborhood center', Mr. Menard, Planning Directora, I think they . lo. I think the C-1 and 0-2 Ordinance that we have in the City we would have in a neighborhood pretty well spells out those uses that center An a 0 _I zone and those uses which would perhaps be more appropriate to a community center in a 0-2 zone. Mayor Krieger.- Then I assume that would be your answer to leading tenants as well as to criteria? Mr. Menard, Planning Director.- I believe so. Mayor Krieger,,, Now how about location? Mr. Menard, Planning Director,,, On the corn center the report has indict-.teeintersections of major matt and expressways. The report has indicated perhaps that this location is what could be more appropriately called a large neighborhood center or a small community center. Mayor Krieger.- On the next page of your re -port you indicate that this proposed zone change exceeds the criteria with respect to certain elements and you have this element as.far as location. Do I understand by exceeding you mean that it would fall within the criteria of a community center? - 41 - 0. Go 11-13-67 Page Forty-two ZONE CHANGE F®0 383 ®Contin:ued Mr. Menard, Planning Directoro This Is true and in addition by exceeding the criteria which is minimum criteria at least in, my estimation would be more functional, and less of a traffic problem �#hexn you are talking a maJor street versus a secondary street. I think • perhaps a signalized intersection versus a non -signalized intersection might occur at two secondary strests a Mayor Krieger. So as nyt t take tomuch f the Council s t: me on this particular matter we have a number of elements of criteria that you feel are exceeded by this proposed zone change. The criteria are more than met? o Menard, Planning Directors This is correct. Mayor Kriegers But this study of yours seems to evolve basically around a neighborhood center. Nov when we get to community center we are talking about ® at least in this zone change, and 'that is all, I want to talk about is zone change - we are talking about 11 acres which under the criteria seem tc be the Fite you talk about in a community center. Mr. Menard, Planning Director s It would bea small l,l community shopping cant ar Mayor Krieger-, When you talk about population you fall en the other side of the line, but when • we have sort of a gray area thereyo�,u talk about goss floor area, and size center, g y etwceen a neighborhood and community Mr. Menard, Planning Directors Very definitely. Mayor Krieger-o In, yo'Dur, opinion as the Planning Director if the proposal wa,s in fact, a community ceMir,er and meet the Criteria that we have talked about basically what would be yowr rce�Lcttvn ae Pl.az ing Director? Mr. Menard, Planning Director. If it were a requaest for a community sho ping center mar i,n edia s action would �m zoning were requested �n thisbe t it�sh �uu;l�d be C _2 zgnin and if gpar'cu�ia ate with its direst exposure to single family my recommendation would undoubtedly be a, recommendation for denial. The reasons are compatibility, 'the simple fact that 1h, t e o" zoni rd� ance cc have far less in the nature of restr ct ve con . a than we uave in the 0-10 The signs allowed are one-third greater, the kinds of uses that we are talking about perhaps generate more traffic and bring people fr,am further distances. They are larger centers and there is perhaps mco)r3 traffic congestion and traffic generation and I don't think this particular site would be an appropriate site for a large community center mainly because of the control standards within the zoning ordinance. Mayor Krieger- So in developing this report you had clearly and exclusively in mind a, 0-1 type of complex in terms of compatibility to and all these other factors you mentioned? Mr. Menard, planning Directors Very -definitely. Mayor Krieger.- I want to stare to the members of the Council because I feel this is our function to arrive at a decision by at :least the majority of the Couunoil, and I don't anticipate on a matter such as this that we are going to arrive at an unanimous decision, not certainly from what .I have heard stated so ,faro I think every one of us 42 - C o C o 11-13-6 Page, Forty-three ZONE CHANGE NO. Continued have labored as Councilmen under the same set of facts and considerations as far as the City of West Covina, is concerned. I have c o hesitancy in saying in sitting with this.Ccuncyil for -the last two years that there isn't a question in,, my mind but that we can come out with different results with tobjectivity being displayed by each Councilman on • the subject matter with the best motivations and desires to serge the City of West Covina. The only thing that disturbs me is the tendency of people that don't understand this process - 7f pulling, puuehing, tearing, etc., as if to suggest to us that we either don't have the intelligence to do a job or the capacity to do the job or the desire to do the jobo�c. .t t my ultimate vote will not be misintarpretated tonight as to any position taken tonight, as I believe you gentlemen have taken your position on thinking it is on the evidence and In my case as I have arrived at a determination in this matter on the evidence itself. But the evidence I look at has not primarily been the evidence brought in by the opponents tonight. Because we have a Jurisdictionwell beyond the limits of Azusa and Cameron, and a responsibility to the people of the City of West Covina, I read over -the minutes of January 9th. It is not to be construed as accepted evidence. I just wanted to read them Over and see what statements had been made at that time by the people and what statements had been made by the Council at that time having to do with this matter and I have been struck by the same similarity th,�gt the others have alluded to tonight, but thew I made a list of the factors brought in by the opponents and it canoe out to about 32 in number and the usstion carob q to my mind whether people were doubting that we had the mental capacity to remember an appeal back, in January of 1967 or whether or not we had lost some of our ability to deal on the merits of' these matters and I have not at' anytime lost my confidence in the ability of you gentlemen sitting on this Council to judge matters on their merits. I think basically the • Council is right back where it was in terms of deciding the future -of-- this c.ritical corner.. What has always bothered me about the proponents case is that it has always struck me as sort of a bootstrap and that is the property hasn't been used and that is the best evidence that it has the wrong zoning. Now I always considered when we were talking about the highest and beet use that we were not limiting our interpretation of this concept to a, particular piece of proje rty but we were talking about highest and beat use in the total concept of the City Of West Covina. In talking about the highest and 'best use in the total concept of the City of West Covina I am necessarily faced with the facts that have not necessarily been.:highli,ghted but certainly minimized tonight in their full impact having to do with the commercial aspects of this community and particularly locations in terms of long range projection. So it is not construed by any means that I take exception to the commercial development of this City, very few of the people here tonight were present when we discussed Barranca as far as the commercial development of Barranca, the problem as I remember being raised was whether or not that development was ever going to get off the ground. Now what we have before us is a 0-1 zone and the question remains as to whether it is going to get off the ground but I am not particularly concerned with that question. I am concerned with the total, question of 0-1 on this location in reference to the entire concept of the City of West Covina. In going through this determination inmy own mind I have tried to consider Azusa Avenue and Cameron Avenue, I have tried to consider our past experiences with zoning in this community having to do with these major or secondary arterials, and I can't help but come to the conclusion that we have had a sad experience in this City with this particular type of approach to development. And because I come to that conclusion I cannot perpetuate this type of approach to zoning in this community. I stated in January of 1967 that I did not think this property was irrevocably committed to R-1 and I would hope that there is an ultimate solution to this problem, but" at least it is n& my vote on this Council, that the solution to this problem is to give us a further diffusion of commercial when so much of what we have is not used but doesn't make sense and I can't help but feel that by granting this zoning 43 - 'C Co 11-13-67 Page Forty-four ZONE CHANGE NO. __383 ® Continued we are again creating a situation where there is going to have to be further reconciliations to the future in that type of pattern . I would not care to have my vote registered in terms of that particular problem. I would state again, and this is not to the Council but to the . people in opposition, I don't think you people give eery much credit to the people you elect to office. I believe the people that you elect to office have the ability, the desirethe motivation and the intelligence to do an objective intelligent job, My vote would be opposed to the zone change. Motion by Councilman Snyder, seconded by Councilman Nichols, that Zone Change Number 383 be denied. Motion carried on roll call vote as followso AYES.- Councilmen Nichols, Gleckman,Snyder, Mayor Krieger NOES.- Councilman Gillum ABSENT°.- None Councilman Snyder.- May I mare one comment? Something has been said about voting because of popular support,, In my experience I have never made any enemies or lost any friends if I voted against them because I sincerely felt I was voting right and I believe everyone here tonight on this council sincerely believed they were voting their convictions and I don't believe there should be any enemies or friends made or lost because we sit up here and vote our convictions. THE CHAIR DECLARED A 10 MINUTE RECESS. RECONVENED AT 120-05 P.M. • (Councilman Snyder did not return.) PERSONNEL BOARD_ REVIEW MINUTES OF OCTOBER 1 l 67 Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the Council receive and file the minutes of the Personnel Board dated October 3, 1967. HUMAN R.ET,ATIONS COMMISSION REVIEW MINUTES OF SEPTEMBER 28, 196 Mayor Krieger.- I have one question. Mr. Nichols, you were at that meeting, whatever happened discussed? on the Emergency Committee they Councilman Nichols.- I can't recall, I don't remember. Mayor.Xrieger.- Mr. Aiassa, I would like to have one of -the Administrative Assistants check this out with the Chairman and find out if they intend to pursue this. They left it up in the air as if they were going to discuss it with the Council and it never came to us. • Mr. Aiassa, City Manager.- I believe they intended to get in touch with the Chief of Police and the others mentioned and discuss it. Councilman Nicholas Yes - my recollection now is that they intended to discuss it with the people that were to be on the Emergency Committee and get them in a discussion before deciding on anything. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council receive and file the minutes of the Human Relations Commission. o44- • n LJ • C o C a 11-13-67 Page Portyd' Plve WRITTEN COMMUNICATIONS (Item 3) Mayor Krieger-, We will return to County Zone Change 5286 (1) Azusa and Fran.cisquito Neighbors which is a letter from the Neighbors and Mr. Jordan is still with us in case we have any questions. I believe, Mr,, Menard, your supplemental report indicated the Plemning Commission opposed and our positian was to be communicated to the County. Mr, Menard, Planning Directors No, a communication has not been sent. I would anticipate appearing in person, if this is appropriate. Mayor Krieger-, What is the Council°s pleasure m to oppose it or not to oppose? Motion by Councilman Gillum, seconded by Councilman Nichols, and carried, that the Council oppose the proposed request for zoning before the Regional Planning Commission pertaining; to the 14.74 acre parcel located at the corner of Azusa and Rrancisquito proposed © oppose the C-2 zone request. Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the Council direct the staff to make a personal representation before the Regional Planning Commission in opposition to the requested zone change, ORAL COMMUNICATIONS Al Jordan I wish to thank the council in 1623 B. F°rancisquito opposition to this hearing because it West Covina means a lot to the people in this area. We have over five hundred people opposed by signature and we have a bus leaving in the morning to be physically present to oppose that zoning. Thank you. Robert Rounds I was told twice, the 6th of November Neolite Sign Company to come to a meeting and this encroach- ment permit would 'be `taken care of, then they told me to come this evening and it would be written up and, we would go .from here, Now I have waited a, month and a half for the City to come through with some sort of an encroachment ermit. I would life to know how much longer I have to wait. I have held 'off a customer. -for two months, (Mr,, Aiassa advised that this appears as Item 4 on the Agenda under Written. Communications Mayor Kriegers Mr. Rounds Row about 30 seconds Mr. Rounds? `des sir-, Mayor Krieger-, Does the Council have any objection taking this item under Oral Communications? (No objections),, We have an application for an encroachment permit, the applicant it Neolite Sign Company. Councilman Gleckmans Do we have a precedent Mr. Menard? Mr. Menard, Planning Directors In 1965 Section 8417 was incorporated in the Municipal Code (Read Section.) - 45 - C a C o 11-13-67 Page Party -six SIGN P1"'RGA NT PERMIT © Continued When this came to us -several weeks ago it was investigated and ascertained that the permit procedure on application for an encroachment permit had never been devised so we were Faced with the problem of devising a procedure and ai,so the forms to be used. What we have in this particular case is a situation where a Sign Company • is anticipating creating a, sign as it appears on the drawing presented to you. And this is what the situation appears as now and in order to create the canopy they would have to project over the sidewalk and it is in the Planning staff°s opinion that this would clean up an existing series of nonconforming signs and create a more minimal and more pleasing appearance for approximately 50° of the business establishments in the Old Center. Mayor Krieger, Can. we construe- that then as a recommendation by the staff..... Mr. Aiassa, City Manager-, No, I am inclined to have reservations on this. We talked this over with Mr. Williams before he passed away and there is also a public liability. This sign is projecting over public right of way and if anything happens to that sign we are part of the public liability. This is the first encroachment permit we have of this type and I just Feel that in behalf of the council and knowing we are setting a precedent for some type Of future demand for this type of encroachment sign that we ought to have some clear understanding legally and a policy from the Council. Mr. Tertian, City Attorney, The Code permits an -encroachment • permit for a sign, It has to be granted by the Council and it can include conditions imposed by the Council. The Council is mainly concerned with one basic thing - safety. The Council wants to make sure it is safe and also assure there is no liability on the part of the City in case there is a problem. Normally, the way this can be handled is in the encroachment permit that there be some appropriate insurance coverage on which the City is endorsed as a coinsured by the owner of the sign. There will also be a general statement that this doesn't constitute any restrictive right. Mayor Krieger-, Mr. Aiassa, does the .staff or the City Attorney, if the Council is so disposed on this matter, have any suggestions to make as to the extension of the insurance coverage that would be advisable or are you in a position to so state? Mr. Termian, City Attorney-, Normally I would recommend at least $100,000. Mr. Aiassa, City Manager: I would like to ask the City Attorney through the Council, would this policy be furnished by the Sign Company or the owner? - Mr, Tertian, City Attorney, We don't care who furnishes it. The thug we are interested in is the City to be it •to appear coinsured on somebody'shinsurance ipoll.cyo Ttand gisemoreylikelysto be that of the sign owner. Mayor Krieger, What is the Council°s pleasure on this? Councilman. Gillum, I think anything we can do in an within Our power legally to be able leto try and straighten up this area over there and I think the main thing is signs and looking at the existing signs and what is proposed it may set a trend on Glendora, and maybe - 46 - qo C. 11-13-67 Page Forty-seven SIGN ZECRCICHMENT PERMIT - Continued some of the other merchants out of sheer competition may see that this is to advantage and if -we are covered by liability insurance, I think the Council should give consideration to allowing it in this area. Councilman. Nicholas I think the reason the man is somewhat impatient is the fact that no form was available. Although this is debatable but he stated to the Council that it has been over a month since he made a cantact on the matter, and I imagine sometime did pass in securing the form. Mr. Aiassa, City Manager. Councilman Nichol,ss The Council was not in a regular meeting on the 6th of November and this is the first formal meeting I appreciate that. I only make the point that he is entitled to some prompt service now that everything has been decided. Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that the Council approve the application for an encroachment sign permit subject to the applicant furnishing to the City, for pp ng approval by the staff and City Attorney, sufficient ag for the protection of the City and that the granting of the encroachment permit shall not constitute a prescriptive right, ORAL COMMUNICATIONS © Continued Carl.. F. Davis And I am in doubt whether.I am in the 16859 E. Harvest Moon St, City of West Covina or Valinda and that West Covina is the matter I wish to spew of at this time. We vote, in the area up there which is here on the map and includes Dark Ellen, Harvest Moon, Hillorest, Oak Greenand other, streets to come into the City of West Covina. We have been accepted all ways. and in all manner with the exception of one. We are unable to get our. mail. We receive communications addressed to us in West Covina and it took 6 days to get it. Evidently the City is not aware that we are not in the City yet and we would like something to be done, Mayor Kriegero. United States Senator Kuchel, Senator Murphy, Congressman Lipscomb and Congressman Wiggins - all have been unable to get the ]postmaster General to change the policy of the Post Office Department. This City has spent endless efforts and have had knowledge of this problem for sometime. We have, as far as I know, exhausted every political representative that this area has o - the highest echelons that the Federal Government has to accomplish the same result you seek and we will continue to exert our efforts in this direction but beyond what we have done I am not quite sure what we can do. Councilman Gillum. Mr. Davis, if it is any consolation to You there is a good possibility that • after the first of next month there will be a City Councilman on this Council that will have to receive his mail under those circumstances and I don't Like it and I have started to write about it. Mr. Davis-, What we have talked about doing is all of us in the area changing our address and letting them mess with the mail as it comes in. This would cause a little bit of a mess. This is something like 330 homes in the area. The women want this dome by the first of 47 Co Co 11-13-67 Wage Forty-eight ORAL COMNr-GATIONS - Continued December. They wanted it last year by the first of December. I was in Washington this summer and discussed it with. Tom Kuchel and Chuck Wiggins and I know they are working on the problem. Mayor Krieger3 • M'}'0 MO D a Vypi s 0 Mayor Krieger.- WRITTEN COMMUNIC,A.TIONS 11 1] Do you, have any other requests or suggestions to the Council? No - we just want you to know we are unhappy and hope you will continue working on it. We will certainly do that Mr. Davis. LETTER FROM SAN GABRIEL VALLEY PRINTERS Reo WEST COVINA ANNUAL REPORT Councilman Gillum.- I would like to see this suggestion and request by San Gabriel Valley Printers referred to staff and that they investi- gate this area, if this is the wish of the Council, and staff report back to use I personally would like for the Council to give this serious consideration. I would like to suggest that staff meat with Mr. Jenkins and find out what he is proposing. Mayor Krieger.- I would like the Council to consider in res act to this - the desirability or ad7iIsability or prapriaty of distributing a took such as this in 1968, which is an election year® I think it leaves the City and Clouncil, subject to misrepresentation as to motivation. Councilman Gillum.- This is very possible but as I understand from this letter the Chamber is going to pertaining to the City and I am aura �stthey have in the pa, with facts y n past, with the pictures of the present Council, and I don't see where passing on additional information as to the progress made by this Council would have that much affect, I think it is something this Council, has to be proud of. This is my own personal opinion. Councilman Nichols s I think, there are two issues involved, whether or not there is going to be an Official report and whether or not its timing in an ay would embarrass the City Cc' Oil. I would concur with. Councilman Gi llum that we Ought to refer the initial, communcation to staff for a report and their recommendation, back tia the Council and then consider all the other implications at that time. Councilman Gillum.- So moved. Councilman Gleckman.- I will, second that, All In favor. Motion carried. LETTER FROM CHAMBER. OF COMMERCE-----Q--- REo BUSINESS LICENSE REVISION Mayor Krieger,-, We have a public hearing scheduled on the �Oth regarding this matter. Moto b ®yun0il an Gil s c ded b C uncilman G eckman, and carried, the ou c race ve an to a er fr ffi �hamber of ommerce, o4ga • Co Co 11-13-67 Page Porgy -nine WRITTEN JICATIONS - Contin'ed Mayor Krieger-, CITY ATTORNEY ORDINANCE INTRODUCTION Motion by Councilman Gleckman, to waive further reading of the Items 3 and 4 were taken up under Oral Communications. The City Attorney pressnteds "AN ORDINANCE OF THE CITY 00" UNCIL OF TIDE CITE' OF WEST COVINA AMENDING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL CODE RELATING TO USED CAR PACILITIESo" (Amendment No. 80 seconded by Councilman Gilluun, and carried, body of said Ordinance. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the City Council introduce said Ordinance, ORDINANCE INTRODUCTION The City Attorney presented-, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING CERTAIN PROVISIONS OF THE MUINICIPAL CODE RELATING TO PRECISE PLANS OF DESIGN." (Amendment No. 83 ) • Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the City .Council waive further reading of the body of said Ordinance. Motion by Councilman Gleckman, seconded b Councilman Gillum, and carried, that the City Council introduce said. Ordinance. om--oo-000a-o ORDINANCE INTRODUCTION The City Attorney presentceds "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING CERTAIN PROVISIONS OF THE WEST COVINA MUNICIPAL. CODE RENTING TO SIGNS WHICH SIMULATE MOTI5Nq AND TO TIME AND TEMPERATURE SIGNS,n Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the City Council, waive fuZther reading of the body of said Ordinance. Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that the City Council introduce sa.:id. Ordinance. ORDINANCE NOo 1012 The City Attorney presenteds "AN ORDINANCE OF THE CITY COUNCIL OF THE ADOPTED CITY 07 WEST GOVINA„ -AMENDING THE WEST COVINA-MUNICIPAL CODE : SO AS TO REZONE CERTAIN PREMIsESo_(Zone Change No. 381 Mazelsky).11 . Motion by Councilman Gleckman, seconded by Mayor Kris er and carried, that Council ware further reading of thebody of said Ordinance. Motion by Councilman Gleckman, seconded by Councilman Nichols, that the City Council adopt said Ordinance. Motion carried on roll call Vote as follows AYES-, Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES-, None ABSENT-, Councilman Snyder o 49 C a C o 11-13-67 Pages Fifty CITY ATTORNEY Continued Mr. Tertian, City Attorneys With the Council°s permission I would like to add one brief item to the Agenda with respect to filing a claim against a contractor with whom the City has an agreement. (Mayor Krieger inquired of Council if they had any objections, they had none. Item added to agenda.) Mr. Tertian, City Attorney. I would like to get the Council°s authority for the City Manager to execute a claim to be filed on behalf of the City against one George S. Giano a contractor with whom the City has dealings and who is principal on two faithful performance bonds. We want to do this in order to protect the Ulty°s rights. So moved by Coumcilman Gleckman, seconded by Councilman Gillum, and carried. CITY MANAGER INFORMATIONAL ITEMS (9 - 10 Mayor Krieger.- Items 9-10-11-, 4 are informational, is there anythi:ag you wish to add Mr. Aiassa? (Answers No.) Motion would be in order to receive and file. • So moved by Councilman Gleckman, seconded by Councilman Gillum, and carried. ANNUAL POLICE AUCTION SALE © 1111/25 Mayor Krieger-, Mr. Aiassa, you wish to add to this? Mr. Aiassa, City Managers The Public Service Department has some obsolete equipment that we would like to see included in the Police Auction. We have to have Council action in order to classify these 4 items as obsolete.- Westingho�viss Air Conditioner., Model 58W785D, one Underwood Typewriter #4757677-11, One Underwood Typewriter No. 117143955, One 1819 Toro Rotary Mower. Motion by Councilman Gleckman, seconded by Councilman Gillum, that these items be classified obsolete and added to the surplus items. Motior carried. Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that these items be auctioned at the Annual police Auction Sale on November 25, 1967. FOLLOW -Up REPORTS (COUNCIL REQUESTS) Mayor Krieger.- Dr. Snyder, before leaving, Items (a) and asked that next regular council meeting,, over to the So moved by Councilman Gillum, seconded by Councilman Gleckman, and carried. mo m o 0 0 o m m m o m 50 Co C. 11-13-67 Page Fifty-one CITY MANAGER - FOLLOW UP REPORTS Continued COUNCIL REQUESTS Item 13-b) FIREWORKS SALE m GLENGARY BAND Mayor Krieger-, With respect to this matter does the Council desire to do anything except to communicate to Glengary Band that we have considered this in the past and have restricted It to the Veteran's organizations? So moved by Councilman Gleckman, seconded by Councilman Gillum, and carried.. (Mayor Krieger asked the City Manager to have a letter prepared for his signature to Glengary Band to this effect,,) Jdl CITY COMMISSIONS/BOARDS (Compensation) Councilman Gleckmano I would like to direct the City Attorney to dtaft'an Ordinance regarding compensa- tion -for all. the Commissions/Boards and to contain therein the idea of whatever commensurate amounts are presently set up to be put into an Ordinance to apply to the individual Boards and Commissions regarding that amount to be paid to them monthly with no provision of attendance. Motion seconded by Councilman Gillum, Mr. Tertian, City Attorney-, If Council has no objection we might be able to do that under a resolution. (No objection.) Councilman Gillum.- Mr. Mayor ­ is there not a provision in the code covering someone absent 3 or 4 times in a row? Should there be a limitation as to the time thim pair should be madewithout attendance? Mayor Krieger-, With respect to this matter of compensa- tion, I understood Councilman Gleckman brought this up because he was concerned about the man that attends a number of meetings during the month but because he may miss one of the regular meetings he doesn't get paid the entire compensation for that month. Councilman Gleckman: That is right. Mayor Krieger-, But when you read the ordinance it talks about a regular, special or adjourned meeting - with regard to the Planning Commission they receive $25, for each regular, special or adjourned meeting attended dining the month but not to exceed $50.00 per month. Flow does this hypothetical Commissioner of yours fail to get paid 050. if he is attending all these meetings? Councilman Gleckman.- Very simple. If he misses the regularly scheduled meeting and some of these Commissions/Boards hold only one main meeting a month and they hold no special meetings that month he has no way of picking up his pay for that month and the next month if he has six nights of special meetings plus the regular meeting he still doesn't pick up what he host in the month before because of missing one regular meeting. And one step further m I believe our Commissions/Boards that we appoint in this City, I don't know how they are in other Cities, but in 51 C° Co 11-13©67 Page Fifty-two CITY MANAGER m FOLLOW UP REPORTS ® Continued COUNCIL REQUESTS (Item 13md) this City = they act as Commissioners twenty-four hours a day and not necessarily with just the idea of attending that regular meeting, I •think they do as much if not more during the month then just attending the regular meeting. Mayor Krieger: We have a motion made and seconded. Further discussion? Roll call, Mrs. Preston.... Motion carried on roll call vote as follows, AYES: Councilmen Gillum, NOES, None ABSENT, Councilman Snyder Nichols, Gleckman, Mayor Krieger STATUS OF S� 1306 TO PERMIT COMMERCIAL BANKS TO UNDERWRITE RESERVE BONDS (Item 13me) Councilman Gillum: I have no further questions, but I would like to move that the City Council direct the staff to prepare a letter for the signature of the Mayor to be sent to the U.S. Senators and Representatives indicating Council support of Senate Bill 1306 pertaining to the banking laws -.and revenue bonds,, • and carried. Motion seconded by Councilman Nichols, CONCRETE MEDIANS IN FRONT OF CALI20RNIA SAVINGS BUILDING Item 13-f) Motion by Councilman Gleckman9 seconded by Councilman Gillum, and carried, that Council receive and file this report, FIRE PROTECTION m REPORT ON COUNTY TAX PAID FOR COUNTY FIRE DEPARTMENT Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that this item be held over to the regular meeting of City Council on November 27, 1967. TRASH & T,ITTER IN COMMERCIAL AREAS Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that this item be held over to the regular meeting of Council on November 2.79 19670 ACTION ITEMS CAR LEASING PROGRAM Mr. Aiassa, City Manager: Councilman Gleckman: Mr. Eliot is present if Council has any questions on the report. Mr. Mayor - I have a question, - 52 - C'. 00 11-13-67 Page Fifty-three • • Leonard Eliot, Controller City of West Covina Councilman Gleckman: Mr. Eliot, Controller: Councilman Gleckman: Mr. Eliot, Controller: Councilman Gleckman: Mayor Krieger: The $15,000 savings that you talk about here is really a fund to fund repairs? That is true. This is the difference between a full maintenance lease and a non -maintenance lease. And by using that particular basic Band that would relate back to number 13 and the City would be able to establish a cost of one of the '�"-nknowns, right? That is true - for future reference. I was just curious why you didn't have it the other way. I have no further questions. I think it is a good report. Mr. Eliot ® it is a report that the Council will have to pull out of the file and look at again, I assume? Mr. Eliot, Controller: Very definitely, It is a stop gap measure in my mind. We really don't have sufficient information to go ahead with purchasing and the best thing to do would be to enter the one leasing arrangement that has been offered to us. There is a remote chance that we may be able to enter a full maintenance lease, I did get a call this afternoon. The contract will be presented to the Council at the next regular meeting and at that time you will be able to review it, accept it or reject it. Mayor Krieger: Has the type of car we are considering been discussed with -the Chief of Police? Mr. Eliot explained that the Plymouth Fury III had been discussed with -the Chief and that he was quite pleased with it and very unhappy over the present cars now in use. Mayor Kriegers Have you been able to determine in ,your capacity the reluctance of leasing agencies to offer us a lease? Mr. Elioit,.Controllers I have a suspicion. I would suspect our present lessor has had a bad experience perhaps with us and that among the small group of dealers in the area the word has probably gone the rounds that you cannot make money with leasing cars to the City of, West Covina. Therefore we did not get a response in this area until we got someone from away out, then when word got around that we were able to get a lease then we were able to get a couple of more offers in this area. Councilman Gillums Along this line of maintenance versus nonmaintenance, has anyone contacted the Plymouth factory in Orange? Mr. Eliot, Controllers I have contacted the Plymouth leasing agents on Wilshire Boulevard because I was interested in service if the cars were obtained from a dealer not in our immediate area and at that time the representative told me to talk to our local dealer. Councilman Gillum: May I make a suggestion that you m.Mra Aiassa or Mr. Eliot contact the Plymouth Orange and I think Division in the Union Bank Building in you will get a little quicker result from those people �53m Ce Co 11-13-67 Page Fifty-four CITY MANAGER - ACTION ITEMS ® Continued than from Wilshire Boulevard. This has been my experience in the pasta I will try and get the name of the gentleman responsible and give it to you, Mr, Aiassa, City Manager-, If we buy it from our local dealer it • will elimin&te that problem. Mayor Krieger-, Thank you, Mr, Eliot, The Council needs to give the City Manager authorization, if Council desires, to go ahead consistent with the recommendation in the report of November 10, 1967. So moved by Councilman Gleckman, seconded by Councilman Gillum, and carried, TRAFFIC COMMITTEE MINUTES OCTOBER 262 1967 Mayor Krieger: There is a particular reference to Item 6 which was brought to us by Mr. Wells under Oral Communications,, The recommendation of the Traffic Committee with reference to that was that the City Council continue the program for the establishment of a regular parking brminal for commercial vehicles. Item 6 m does the Council wish to pursue this matter? • Councilman Nichols: I don't know what they mean by establishing a general parking terminal, are they suggesting buying land? Mr. Aiassa, City Manager: Under the General Plan study there was a strong indication that we needed a terminal where people could actually impound their vehicle and then take it out the next day or later. Councilman Nichols-, But who would operate this? Mr. Aiassa, City Manager: Private enterprise. Mayor Krieger-, I didn't read it that'way in the communication. Mr. Aiassa, City Manager: There are several types of terminals, (Explained.) Councilman Nichols-, Other than the possibility of referring this to some private area, I believe this goes byond the role of the Council, Councilman Gleckman-, I think what the man is asking is right now for a temporary parking area, he is not asking for private enterprise. According to Item 6 it says the present problem is for the parking of these vehicles until a regular terminal be established, Councilman Nichols: I understand that, but the staff recommendation is that the City Council terminal and I said I didn't think cthat dwas er athe®role ofram rtherCouncilparki7ag Councilman Gleckman: I agree, 054- C o C o 11-13-67 Page Fifty-five CITY MANAGER ® ACTION ITEMS - Continued Mayor Krieger: I think Mr. Wells only came before us because he wanted to drive his truck home • Mr. Aiassa, City Manager: That's right, but you have a more serious problem than driving it to his home. The new Ordinance that is now going into effect prohibits his parking it where he is now temporarily parking'ite So actually I think the question could be forwarded to the Planning Commission to see if a terminal of this type could be developed in West Covina. Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, that City Council refer this matter to the Planning Commission for a recommendation as to the proper procedure in which to go about accomplishing a means to an end. Motion by Councilman Gillum, seconded by Councilman Nichols, and carried, that Council receive and file Traffic Committee minutes of October 26, 1967, with the exception of Items 2 and 60 Councilman Gleckmana I think Item 2 is of major consequence to this Commlility depending on what the schedule is for Barranca I think what we are talking about is the no parking on • Cortez Street adjacent to Cortez Park, I think the reason for the recommendation is because of the lack of parking, Mr. Aissa, City Managers No it is unpaved, uncurbed and ungutteredo Councilman Gleckmans They wouldn't. park there if they had proper parking, Mr. Aiassa, City Managers We developed the new parking lot. Councilman Gleckmans I understand that but I think it is inadequate for the amount of cars that are parking on Citrus illegally. Are we any further along on the project of Citrus widening, paving, curbs and gutters? Mr, Aiassa, City Managers We are in the process of reviewing it Thursday, Councilman Nichols-, Oe of the problems I observe is that p ople are so used to entering the park from the Citrus Avenue side that they do have a visual look at the parks from that side now, and our new parking lot is in an area that from the old parking lot you cannot even see the improved parking lot, Additiona .V-.though, Mr. Aiassa, the number of spaces in the -parking lot would be insufficient to handle any big •situation and if you end up with cars parking on the lot you are going to have problems, Mr. Aiassa, City Managers We hope that around January we will be able to make a recommendation to acquire that property, Councilman Gleckmans Is it possible to recommend that we put in temporary no parking signs and then when we have these affairs we take some type of action? 55 • i C. C,, 11-13-67 CITY MANAGER ---ACTION ITEMS m Continued Mr. Aiassa, City Manager; that doesn't have improvements. Page Fifty -Six I would like to recommend that we put in curbs, gutters and street improvements. That is the only park M tion by Co oil Nichols that Item 2 of T ffic Committee minutes o October 26, 1967,that Council direct the City Manager to work with staff towards the possible goal of installing curbs, gutters and side- walks along Cortez Park boundaries. Motion seconded by Councilman Gleokman$ Councilman Gillum: Are we going to set a precedent now by putting in sidewalks? Councilman Nichols; I am just suggesting the possibility be investigated. Councilman Gillum' I have seen your possibilities investigated before. Mayor Krieger. Well let's see what happens. I have no objection at this stage. And our sidewalks are on a priority basis. Further discussion? Any objections to the motion made and seconded? So ordered. Motion by Councilman Gleckman, seconded by Councilman Nichols, and carried, tthat the City Council table that recommendation on Item #2 until this report comes back to us. REVIEW BOARD MINUTES OCTOBER 23. 1967. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council receive and file the Review Board Minutes of October 23, 1967. 4 CIVIC CENTER MODEL Motion by Councilman Gleckman, seconded by Councilman Gillum, that Council authorize the City Manager to spend not more than $1100. for✓ Civic Center Model. Councilman Gleckman.- What type of model are we speaking of, Mr. Aiassa, and where would it be portrayed? Mr. Aiassa,_ City Manager: The model :'itself would*..'probably . encompass the large drawing we have now, enlargement pro but it p aand the would be used for the g proposal f^ the library he actual physical study of the Auditorium and fDr the addition of a pavillions and park. Councilman Gillum. - Mr. Aiassa, City Manager: Councilman Gleckman,* Didn't we have a model that was out here .in the glass case? That was the preliminary model. That model does not now match with the construction phase that is going on. Where are we going to get the money? Mr. Aiassap, City Managers We are going to take it out of our funds for furnishings. 0. Co 11-13©67 CITY MANAGER - ACTION ITEMS o Continued Mayor Krieger-, Page Fifty-seven If there is no further discussion ... Roll call, Mrs. Preston. • Motion carried on roll call vote as followsS AYESo Councilmen Gillum, Nichols;, Gleckman, Mayor Krieger NOESS None ABSENTS Councilman Snyder -moo.--moo-©o-oo REPAYMENT OF FEDERAL FUNDS FOR CIVIC CENTER PLANS AND SPECIFICATIONS Motion by Councilman Nichols, seconded by Councilman Gillum, that the Council authorize immediate payment of $ 32 M6e to the Department of Housing and Urban Development in repayment of funds advanced for preliminary plans and specifications for the Community Civic Center in accordance with H®602m17CT, Councilman Gleckman.- Mr. Aiassa, City Managers Why should we pay this before December 20th, Mrs Aiassa? Actually we should pay it a little sooner, really. But I can hold the warrant to be mailed but we have to,pay it - so let's authorize it. Motion carried on roll call vote as follows-, AYES-, Councilmen Gillum, NOES-, None ABSENT-, Councilman Snyder RESOLUTION NO. 3697 (Rowland Avegue ) ADOPTED Mayor Krieger-, Nichols, Gleckman., Mayor Krieger The City Clerk presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CONSENTING TO THE IMPROVEMENT OF PORTIONS OF ROWLAND AVENUE IN SAID CITY BY THE COUNTY OF LOS ANGELESo" Hearing no objections, waive further reading of the body of said Resolutions Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council adopt sair: Resolution. Motion carried on roll, call as follows-. AYESS NOES-. Councilmen Gillum9 None Nichols, Gleckman, Mayor Krieger ABSENTS Councilman Snyder -------------- REAL PROPERTY TRANSFER TAX Councilman Gleckman: I would suggest that we go ahead as recommended and the City proceed with the adoption of its own Ordinance. Mayor Krieger-, Mrs Aiassa, do we have every reason to believe that the County will move in and their awn? adopt a Real Property Tax ordinance of Mr. Aiassa, City Manager-, The indication is that the County will. 57 4 C. C. 11-13-67 CITY MANAGER ACTION ITEMS - Continued Mayor Krieger- • applicable if the County adopts. Page Fifty-eight I don't think it is going to have any effect unless the County adopts it. As I read the League bulletin it is only Councilman Gleckman-- Are we talking about a time element or'shotld we do it? Mayor Krieger: The County has to do it. This is not an additional tax but rather replaces the present tax which terminates on January 1, 1968. The recommendation in San Francisco was that the County move into this field so their law becomes effective coterminous with..., the termination of the other. I am not saying it is wx�oug moving ahea- d on this, but I did want to impress that unless the County also is moving ahead, it is useless. Councilman Gleckmano I agree with the Mayor, but I think we should go ahead. - Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the City Manager and the City Attorney prepare a similar Ordinance for introduction as proposed in the letter of September 10, 1967, regarding Real Property Tax. • ORDINANCE AMENDING PROVISIONS OF CODE RELATING TO BUSINESS LICENSES Mr. Aiassa, City Manager: We are trying to pass this Ordinance so it will become effective January 1, 19689 which all the new licenses, if we go on a new rate, would be applicable, otherwise we will have to issue the new licenses on the old Ordinance,. Councilman Gleckmano I think he has.a good point except there might be quite a change. Mayor Krieger- finance aTertian - in order t Copt an s ce, an urgency 8r what are the requirements? n Mr. Tertian, City Attorney- You have to make a finding and it has to be cited that for the public safety, become effective immediately and i�ehasatowbefare, etc., it is required to Council, passed by four -fifths of the Mayor Krieger: Now is there anything in the Business License Ordinance as such that would fall without the purview of those general statements? Mr. Tertian, City Attorney- I don't know of a business license that is of an emergency ® it is a revenue ordinance. Mayor Krieger: Our next meeting is for the 20th of November and if the Council wished to Ordinance be introduced after move the public nhearing andladoptedothen following week? Mr. Aiassa, City Manager- There has to be a period of 10 days. 0580 Ci Co C. 11-13-67 CITY MANAGER - ACTION ITEMS - Continued Mr. Tertian, City Attorney-, Mayor Krieger: ORDINANCE INTRODUCTION Page Fifty-nine I have the Ordinance prepared and can read it tonight, Let's have the reading of the heading of the Ordinance, The City Attorney presented - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AMENDING CERTAIN PROVISIONS OF THE MUNICIPAL CODE RELATING TO BUSINESS LICENSES." Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council waive further reading of the body of said Ordinance. Mayor Krieger: Now will one councilman introduce the Ordinance? Councilman Gillum: I will introduce the Ordinance, Mayor Krieger-, The Ordinance stands introduced, CITY CLERK, SEVENTH -DAY ADVENTIST CHURCH • REQUEST PERMISSION TO CONDUCT ANNUAL, INGATHERING FUND RAISING CAMPAIGN 11�25 to 12m31®67 Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that Council grant the request of the Seventh-Day Adventist Church. CITY TREASURER None MAYOR°S REPORTS PROCLAMATIONS YOUTH APPRECIATION WEEK - Mayor Krieger. - FARM -CITY WEEK November 17 to 23 1967 ,ib Mayor Krieger: SISTER CITY FOUNDATION DELEGATES Mayor Krieger: Hearing no objections by Council, I will so proclaim. Hearing no objections by Council, I will so proclaim. I recommend that this matter be held over to the meeting of the 20th of November. So moved by Councilman Gleckman, seconded by Councilman Gillum, and carried - 59 - Co Co 11-13-67 Page Sixty MAYOR'S REPORTS m Continued COUNCIL ATTENDANCE AT PLANNING COMMISSION WORKSHOP SESSION ON GENERAL PLAN November 29, 196Z • Mayor Krieger-, We could actually take this up some date closer to the 29th, Councilman Gleckmana Mr, Tertian ® the Planning Commission has a Workshop Session on November 29th is it possible for the Council to be in attendance b. imitation without their adjourning to that date and opening and closing the meeting? Mr, Tertian, City Attorney-, I see no reason why you cannot. You can simply be there as guests, --------------- DRAFT OF LETTER TO PLANNING COMMISSION AGENDA ITEM ADDITION) Mayor Krieger: The next item is one that is not on the agenda but I alerted the Council to it last week. There is a draft of the letter circulated to Council, Dro Snyder gave me his letter with certain deletions he would like, (Mayor Krieger read the deletions requested by Dr, Snyder, Council agreed •to some of the deletions and others were not accepted, After going over the proposed letter with the Council, Mayor Krieger advised that with the permission of the Council the letter would be prepared for the signatures of all of the members of the Council andcopies released at the same time to the news media, Council agreed,) Mayor Krieger: Dr, Snyder also wishes to call the Councilb attention to the fact that he has been appointed as Vice -Chairman of the o ekes Coe�jy Divisi�nhof the eve.vue r"a ti n Co itt e which h is a we deserve oncr, e askedanIM e �ounc o au, hor ze the expenditure of funds to attend a meeting at the Claremont Hotel in Berkeley the end of this month, in an amount not to exceed $50. So moved by Councilman Gleckmana seconded by Councilman Gillum, Motion passed on roll, call vote as follows-, AYESe Councilmen Gillum, Nichols, Gleckman£ Mayor Krieger NOES o None ABSENT-, Councilman Snyder Mayor Krieger-, Has this letter been circulated to the Council regarding the Los Angeles County Parks & Recreation Commission having to o withA the of an assoc do f th c fission rs,of the cities g ao ty in Recrea on arks � iswer-, a. All really being requested hat the names -and addresses of the presen.ttRecreation &:Park commissions are they may be advised of the meeting. Does the Council have any objectcommissioners so on? (No objection), Mr. Aiassa, please prepare a letter with the appro- priate response over my signature and requesting full, information, COUNCIL COMMITTEE_REPORTS Councilman Gillum: I attended the Upper San Gabriel Valley Water Association annual meeting, Ira Calvert was elected President. I 6o C o C o 11013-67 Page Sixty-one CoUNCIL, COMMITTEE REPORTS - Continued have a report I would like to submit to the council dater on regarding facts and figures on supplemental water. I found some very interesting • facts which I would like to bring to your attention. - Councilman Nichols: The only item I have would be directed to the City Manager, I have the copy of the communication that was directed to the Attorney General which says - P7as per Council action of 10-23-67, you and I_ (which I assume referred to -the City Attorney) and Chief Sill are to come forthT with the legal ruling, etc." There was nothing to my recollection in the Council -action or discussion that at anytime implied or directed the staff to get a legal ruling or opinion on this matter. Mr. Aiassa, City Managers Councilman Nichols We came up with this in discuss -ion with the City Attorney, Chief Sill and myself. Nobody posed this question of the legal aspects. Shouldn't you have brought this back to the Council instead of writing to the Attorney General? Mr. Aiassa, City Manager: Mr. Williams said as City Attorney he was not informative enough with the State law as whether or not this was a legal aspect. Writing to the Attorney General o I assume he will state it is not in his field and it will come back to Council. Councilman Nichols I Just want you to know I felt there was a foul up in communication. Mr. Aiassa, City Managers Normally I would send it back to the Council and say we have a void in here to get an answer, but I tried to get it done as soon as possible,, ------------- Councilman Gleckmans Mr. Aiassa, I would like the Traffic Committee to look into the idea of maintaining a crossing guard at the Vine Street School even when Cameron opens up, on the criteria that the crossing to and from Vine is a 35 mile zone and they do not have four distinguishable corners to cross like they have in other school areas. Councilman Nichols: In all deference to yow feelings we have a number of them that are very similar to that My own children cross that same crossing every day at Vine and I am concerned about it but I am also concerned about the precedent that would be established. Councilman Gleckmans Alright,, I Just thought I would bring it upo I would lake the Traffic Committee to you are saying, take another look at it. I understand what Councilman Gleckmans The West Covina Plaza has made a request that Santa Claus is arriving on the 24th of this month and T thought in the interest of good public relations that if we could see fit to allow our Snorkel to appear, no riders but just to appear - as a public relations thing. 61 ' � A C . C . 11=13-67 COUNCIL COMMITTEE REPORTS - Continued Page Sixty-two Motion by Councilman Gleckman, seconded 'by Councilman Gillum, and carried., that Council give permission to the City Manager at his discretion. • APPROVE DEMANDS Motion by Councilman Gleckman, seconded by Councilman Gillum, that the City Council approve payment of demands totalling 254,949.95, as listed on Demand Sheets B341 thro h B344 and payroll reimbl lament sheets. Motion carried on roll call Vote as follows- AY'ESo Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES- None" ABSENT- Councilman Snyder = Mayor Krieger- The chair would request a motion for the Council to adjourn at this time into an executive session for the purpose of discussing.a personnel .-matter with particular reference to the vacancy created by the untimely and unfortunate death of our City Attorney. So moved by Councilman Gleckman, seconded by Councilman Gillum, and carried. (COUNCIL CONVENED TO EXECUTIVE SESSION AT l-25 A M. RECONVENED AT 110'33 AM.) •Motion by Councilman Gleckman, seconded by Councilman Gillum, that Royal Sorensen be appointed as the acting city attorney for a, period of 90 days and a contract be entered into and an appropriate resolution to such effect be prepared. Motion carried on roll call vote as follows- AYES- Councilmen Nichols, Gillum, Gleckman, Mayor Krieger NOES- None ABSENT-, Councilman Snyder Councilman Gleckman- I have one other thing. I would like permission from the Council to direct our Planning Director and Commission to once again review the C-1 ordinances as to usages and -primarily I am concerned with types of usages that can be taken out of the 0-1 Ordinance and put under the Unclassified Use Permit. Motion seconded by Councilman Gillum. Mayor Krieger: I don't have any objection to the study by the'Pla,nning Director and the Planning Commission but I have been reading more and more material which suggests this is the wrong direction to goo Councilman Gleckman- My number one concern is that we seem to have a void when it comes to allowing 0-1 commercial in our community because of certain usages that are cons -aired in that 0-1 ordinance and this is my number one objection. If I have to make particular reference - whenever C®1 is located we can put Taco Houses, Hot Dog Stands, etc. Mayor Krieger. I would be interested in seeing what the Planning Director and the Planning Commission comes up with, but what ultimately we might want to pursue is a full.ex refinement of our zoning ordinance, as far as definit-ions and classifications. Mr. Menard, Planning Director-, I would say if the study is to be undertaken and I can guarantee that myself and the Planning Staff would be most 62 - n I�J C. Co 11-13-67 Page Sixty-three anxious to do this, would be to expand .it not only looking at it from the point of view of Unclassified Use Permits but from the point of view are the uses presently allowed in Cml zones appropriate to neighborhood commercial. Councilman Gleckmano Thank you sire This is one of the things I am really interested in. Mayor Kriegers Motion has been made and seconded. Any objections? So ordered. I would suggest to you, Mr-Menard, in wish to amplify the area of stud consideration of this motion, if you P y y you prepare a memorandum to us on the study matter. Mayor Krieger: I would like to compliment the Council on the way this Public Hearing was discussed tonight m on the level of discussion itself. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, • that Council adjourn at 1s40 ,&aM... to Monday, November 20, 1967, at 7s30 p.m. ATTEST. City Clerk APPROVED / ./" / !'67 — 63 —