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12-05-1955 - Regular Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALITURNIA December 59 1955. The meeting was called to order by Vice -Mayor Sperline at 8:15 p.m. at the West Covina City Hall. Present: Vice -Mayor Sperline, Councilmen Kay, Brown. Absent: Mayor Hurst, Councilman Van Horn. Others Present: City.Clerk and City Administrator, City Attorney, City Engineer, M. Gerschler, Planning Department. ORAL COMMUNICATIONS None WRITTEN C014MUNICATIONS None RESOLUTION NO. 845 City Attorney presented and read Resolution No. 845, Appointing City Manager "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST and Finance Officer COVINA, CALIFORNIA, EMPLOYING A CITY MANAGER; CREATING ADOPTED A NEW POSITION OF CHIEF FINANCE OFFICER AND APPOINTING VAUGHN WALTERS THERETC." Motion by Councilman Brown, seconded by Councilman Kay, that Resolution No. 845 be adopted. Motion passed on roll Callas follows: Ayes: Councilmen Kay, Brown, Sperline.. Noes: None Absent: Mayor Hurst, Councilman Van Horn. PUBLIC HEARING Precise Plan No. 59 Zone Change No. 54 & Unclassified Use Permit • No. 11 Sterling Theatre Co. DENIED Continued hearing from November 14, 1955. Location: north side of Garvey Avenue, east of Range Ave. Disapprove by Planning Commission Resolutions No. 305, 306, and 307.. Request: R-1 to R-A. Request: Use for drive-in theatre. Decision appealed to City Council. Communication was presented and read by City Clerk from Krag and Sweet, per Mr. Donald R. Krag,.Attorneys at Law for applicant, as follows: "Please be advised that Sterling Theatre Co. withdraws its pending appe from the City Planning Commission's recommendations. "We cannot acquiesce in the finding of the majority of the Plan-" sion, but we feel that under present conditions it would be �e. to hold further hearings on the present applications." n rokZ c�Z Motion by Councilman. Brown,, seconded by Councilman Kay, tom' placation of Sterling Theatre Company, without prejudicE��� as follows: Ayes: Councilmen Kay, Brown, Sperline. Noes None Abse nt: Mayor Hurst, Councilman Van Horn. 0 CC 12/5/55 PUBLIC HEARING, Zone Change In connection with .Unclassified Use Permit #10 Precise Plan #44 Sponseller and Sons HELD OVER cation be amended -as follows: -2- Vice-Mayor Sp'erline stated that this is the time and place for public hearing on Zone Change No. 38, Unclass- ified.Use Permit No. 10 and Precise Plan No. 44. Loca- tion: NE corner of Irwindale Avenue and Garvey Avenue. Request: C-2 zoning, potential. Denied by Planning Commission.. Decision appealed to City Council. Mr. M. Gerschler presented and read ' communication from appli- cant,,'G. W. SDonseller, requesting that original appli- "Please be advised we are requesting our Zone Change No-.38 for.Q2,3 zoning be amended to C-2, potential, Please hold in abeyance our Unclassified Use Permit and Precise Plan." Mr. Gerschler stated there had been no Precise Plan or Unclassified Use Permit ac- companying the C-2, potential request. Resolution No. 314 of the 'Planning Commission,, denying the request for revised zone change., was read by Mr. Gerschler. Councilman Kay: Did the Planning Commission feel there was no need for any commercial in that area? Mr. Gerschler: I believe their feelings were that some commercial zoning was permisr sible under the'Master Plan, but they felt perhaps this might be too large an area. All those wishing to present testimony on this matter were sworn in by City Clerk. Mr. G. W. Sponseller of 6422 Crenshaw Blvd., Los Angeles, applicant- spo4e in favor. "Speaking in favor of this piece of property, once again we do.not see how" in any y way, this property can be zoned for anything but commercial zoning. We have been working -very hard this week on something to propose which would be advantageous to the City of West Covina. the reason we have not submitted a Precise Plan again is that we had spent a great deal'of funds before, upon recommendation of the City Council, Planning Commission, and Engineer Department, designing something that would be thought beneficial to this area. After all the work we found that nobody wanted the ice arena and bowling alley which we proposed for this area. We do not plan on going to the expense as we did the last'time, only to.have our zoning turned down. • We -feel that we can'do an outstanding service to the community and West Covina on this corner property. It is a valuable piece of ground, too Much so for housing. It is not a good site. for rental housing as it would cause concentration of too many people in one area, and we do not believe that the City is ready to handle such a a project, as yet anyway. We think the City Council should make a decision tonight in favor for a C-2 potential zoning. We have done quite a bit of building in West Covina., and.I think we have certainly benefited -the City in the past. We have tried to add to the communityandnot hurt it in any way. We have always done something to'help the people in everything we have.built. We have several ideas for the pro- tection of the residential property around this area and we will do everything pos- sible to protect.the people and their homes'9 and cause no detriment to their property in any way. I feel it is about time for a.decision on the part of the Council regarding this matter, and if approved we would come up with a Precise Plan which I am sure would satisfy the Council -in every way. IPZ -3- CC 12/5/55 Mr. A. Jett, President of the Chamber of Commerce., spoke in favor and presented drawings of a possible hard -top theatre development of Fox West Coast. Theatres in this area. "I believe that such a development would be acceptable to everyone here. We do not have a Precise Plan to present tonight as we did not have sufficient time (to.prepare one). This proposed project would fit into a C-2 area and it is the type of a project that could.be arranged in a way to be acceptable to everyone. -.It would certainly be a definite asset to the City. There are several innovations which.would go into this theatre which would be entirely new. It would have an en - ,closed play area for children., which would have accredit ' ed supervision, so that parents may leave their children in the play area to go in to see the movie and get them when they come out. There will also be a complete restaurant area inside of • the building housing the theatre. The theatre will seat 3200 people and have a park- ing area for about 1200 cars., or one car for every twoand one-half chairs in the theatre.. It would be completely shielded from the residential area by screening of whatever was asked for. I'believe we should give serious consideration to the prob- lem of taxes and look forward to some.help on taxes on our homes, which we can get only by some (large) commercial and industrial development. This type of development is'the only way that I -can see for getting relief ief on taxes in the, future. The building will cost $750,000 and tax -wise it would be extremely beneficial to the City. -Councilman Kay- We have always heard the story that under potential.zoning it is impossible to get leases. �Mr,.Sponseller: It would be, an outright sale of ground. They will not purchase or . . spend money until we havepotential C-2 and then willworkon ,Precise Plan. If we could put this (theatre) through it would be fine, but -we still have not dropped the Sav-On Drug Company and market we originally planned for this property after dropping the matter of the recreational center of skating arena and bowling alley. This theatre plan has just come to light in the last few days, but I honestly believe that something on this order would be good to have in the City. It .would certainly be outstanding from the point of both beauty and engineering. Fox West Coast Theatres are good people to do business with as they believe in planning for., and keeping,,beauV in their theatres. Mr. E. R. West of 205 N. Shadydale spoke in opposition. "This proposed new building that is before the Council tonight looks better.than the bowling alley but there are still many.thing5that we do not know on. .the proposed building. If he (Sponseller) • sells t ' 0 Fox Theatres what assurance do we have that they will meet the requirements that Mr. Sponseller gives use We have a 3.01 street. .,Are these streets going -to be cut through., are they going to dead-end, or -what will happen to them? I believe there would be a traffic problem created,.,and we want to be assured we have proper protection. We have saved for our homes and why should we 'run them down the drain' now Mr. N. Douglas'of 210 N. Shadydale spoke in opposition. "We like the idea of a Sav-On Drug Store and market, we can use these things in this area,, but we cannot use a theatre. I agree with Mr. West in that .this .proposal 'would create a great traffic hazard." -3- -4- cc 12/5/55 Sponseller hearing--contd. Mr. R. V. Browning of 234 Broadmoor spoke in opposition. "On 300 and 400 block I contacted 3.2 property owners and secured a petition urging denial for C-3 zoning in ,this when it was originally presented. Since then I have talked to these same property owners and they have not changed their ideas at all and they still have the same feelings against this particular type of,thing going into this area. I think that I can represent these people tonight and I would like to say I can see little difference between the formerly proposed recreational center and this (theatre) plan now presented., as it would still produce the concentration of parked cars and cause congestion against R-1 property. C-2 would allow him (Sponseller) to go ahead with • his original 'plan. In view of this I am opposed to C-2, Potential. We do not like the term 'potential' as we feel there are other things that could be involved here. This is quite an indefinite and undecided matter, and to approve.C-2 on the requested basis would not be good, as the matter could.be dropped and then go back, when right time arrive, to restore C-3. Mr. J. B. Pinto of 1235 E. Eckerman spoke in opposition. "I do not reside in adjacent area but I do -not feel it is fair for something of this nature to pass without ade- quate advertisement. I do not feel it should be passed on the basis of this theatre plan brought in here tonight. This is a speculative idea, there is nothing concrete to go on." City Clerk stated that proper publication had been given.to this Zone Change. Mr. Odekirk of 229 N. Shadydale spoke in opposition. "Most people were in opposition to the bowling alley because of congestion of traffic, and feel this proposed idea would be no better for a traffic situation." No further testimony, hearing was declared closed. Councilman Kay: It seems to me that the people represented here this evening have spoken mostly in opposition to a recreational type of development. Do you oppose any commercial in this area, or just recreational? Mr. Browning: I believe we are mostly opposed to recreational. We are not opposed to everything but we do not want something that would be an outright • nuisance. I do not think there would be opposition for a service station on the corner, with C-2 such as in the West Covina Shopping Center. I do not believe that proposal of recreational facilities is so much for the welfare of the people but for the amount of profit to take out of a certain number of square areas. Councilman Kay: Councilman Kay stated that he thought a firm zoning of C-2, with Precise Plan, would be better.. The Precise ?lan would only necessi- tate showing protective features for surrounding property, ingress:.and egress, and ratio of parking, but without internal details of structure and with this believe there would be no problem from a'firm C-2 zoning point of view. Mr. Sponseller: If we did submit a Precise Plan to the Council showing building and Plot Plan as to various protective features -would this satisf the Council? We are not going to put in a bowling alley or recreational center. here will be either a shopping center or.this theatre group, with service station on the corner, in this area, We could submit a plan of layouts of the grounds. -4- -5- CC 12/5/55 Sponseller hearing--contd. Councilman Kay: You could submit a Precise Plan to cover either of these potential uses and I believe you would have little trouble before the Council. It should contain parking, ingress and egress, and protective features to property. Mr. Sponseller: �If we bring in such a plan, going to this expense, will. -Council consider C-2 zone? Councilman Kay: Believe this is out of order at this time as -you are asking something regarding what we have not seen. • Councilman Brown: This particular area is potentially C-1 zone now and I would not want to pass this tonight with only three men represented on the Council, and I would not pass this without a Plot Plan, at the least, on it. Councilman Sperline: As Mr. Kay point out the feeling of the Council is that we would like to see some kind of plot plan showing layout as to where buildings will go and protective features to surrounding residential area. The streets are an engineering problem that should be taken into consideration on any Precise Plan brought in. Mr. Sponseller has stated that he would not put in a bowl- ing alley or, recreation center. C-2 zoning ordinance very definitely states certain. things that are permissible or not permissible in a zoning of this type and I do not believe that a recreational center, consisting of bowling alley and skating arena, is permitted in this type of zoning. Motion by Councilman Kay, seconded by Councilman Brown, and carried, that Zone Change No. 38 (Unclassified Use Permit No. 10 and Precise Plan No. 44) be held over until meeting of December 19, 1955, at 8:00 p.m. MODIFICATION OF OVERALL Recommended for approval by Planning Commission Resolution PRECISE PLAN IN C-3 No. 313. Held over from Council meeting of November 28, CENTRAL BUSINESS AREA 1955. Mr. Gerschler stated that this matter was held over HELD OVER for street alignments and recommendations from the Planning Committee.,. Mr. Gerschler presented and read recommendations from the Planning Committee as follows: • 1) That the area for the widening of Glendora Avenue, Garvey and Vincent Avenues along with service roads adjacent thereto and all future streets be deeded to the City of West Covina. 2) Sanitary sewer easements be provided. That sanitary sewers be provided and meet the approval of the City Engineer. 3) That parking requirements conform to Ordinance No. 325. 4) All street improvements outlined in Section 49 of Ordinance No. 225, including utilities, be installed accordingly and meet the approval of City Engineer and including street lights along service roads along with sidewalks. 5) That parking areas be lighted and surfaced with pavement. 6) That adequate water supply and.fire protection be provided. -5- • 0 W CC 12/5/55 Mod. of P-P,- C-3 Bus. Area--contd., 7) All bonds, fees and deposits be posted before building permits are issued. 8) All excavation and grading work to'conform to Ordinance-No.'3M. Motion by Councilman Brown, seconded by Councilman Kay, and carried, that Modification of Overall Precise Plan ' in C-3 Central Business Area be adopted on area north of future street which leads into Vincent Avenue; to San Bernardino Freeway; to Glendora Avenue subject to recommendations of the Planning Commission.- That alternate sexes ice drives on the southeasterly section be included. Motion by Councilman Kay, seconded by Councilman Brown, and carried, that.motion to adopt section of Precise Planbewithdrawn and that this Precise.Plan be held over until meeting of December 12, 1957; be -cause of indefiniteness regarding what is'to be done on a future street shown on plan. It was feeling of the -,Council that further'. study of this future street should be made by Council. FIRE DEPARTMENT PROMOTIONS CAPTAIN & ENGINEER APPROVED Motion by Councilman'Kay,, seconded by Councilman Brown, that promotion be approved, as per recommendation of the Fire.Chief, on the following men effective December l., 1955. Robert Co Wolfe - Captain Ralph A.,,Hardin - Engineer Motion passed on roll call as follows: Ayes: Councilmen Kay, Brown, Sperline. Noes: None Absent. Mayor Hurst, Councilman Van Horn. POLICE DEPARTMENT Mo ' tion by Councilman Brown., seconded by Councilman Kay., that EMPLOYING RESERVE approval.be given on the following reserve officers hired to OFFICERS fill vacancies in the -police reserves as submitted by the APPROVED Chief of Police, dates effective as shown. Thomas Allen Still 5110155 John William Mutz 11/4/55 Arnold Ankrim Ervin 1111155 Byron Andrews Jolley 11/7/55 Richard Perez Raugi 11/14/55 Phil -lip -Antony"Umbrello 12/5/55, Motion passed on roll call as follows: Ayes: Councilmen Kay, Brown Sperline., Noes: None Absent: Mayor Hurst, Councilman Van Horn. M A .-7- CC 12/5/55 POLICE DEPARTMENT Councilman Sperline presented request to City Attorney, REQUEST from the Chief of Police, for an Ordinance to be drawn up making it unlawful for any persons to willfully give any false or unfounded information to the Police Department for the purpose of hindering or delaying'an investigation and making a violation of this ordinance a misdemeanor. BUDGET RE ' PORT & Motion by Councilman 'Brown., seconded by Councilman Kay9and BUILDING DEPIT. REPORT carried,, that copy.of Budget dated September 13, 1955, and Building Dept. report for the month of November be accepted and f iled for the record. BARRICADES City Administrator stated that we are now barricading and lighting all. excavations and charging the developer $5.00 per light. We are checking barricades more closely and we are now developing an overall.excavation and barricade ordinance for -better protection. REGULAR COUNCIL MEETING City -Administrator stated that hewishedto remind Council 12/26/55 that the regular meeting of the City Council would fall on a legal holiday, 12/26/55, and that a change of meeting date would be necessary. City Attorney advised the Courril that since Dec. 26 was considered a holiday that regular meeting date would be the next day after, on Tuesday., December 27.' MEETING REGARDING City Administrator stated that there would be a meeting BURNING ORDINANCE held at the Hall -of Records at 10 a.m. December 6, 1955, regarding burning andperhaps it should be attended by Mayor Hurst andFire Chief Hardin,, This meeting would be concerned particularly with the cities having the problem of the necessity for burning trees cut down on future subdivisions. No further business, meeting was adjourned at 10:00 p.m. ROBERT FLOTTEN JOE HURST, MAYOR