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08-10-1959 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA August 10, 1959 The meeting was called to order by Mayor Brown -at 7:35 P.M. in the West Covina City Hallo The Pledge of Allegiance was led by Council- man Heath with the invocation given by the Rev. Joseph Brady of the Congreg6tional Church of the Good Shepherds ROLL CALL Present; Mayor Brown, Councilmen Heath, Pittenger, Mottinger, Barnes Others Present: Mr. George Aiassa, City Manager Mr; Robert Flotten, City Clerk Mr; Harry Co Williams, City Attorney Mr, Malcolm C. Gerschler, Planning Coordinator Mr, Tom Dosh, Assistant Public Services Director • APPROVAL OF MINUTES July 27, 1959 - Approved as corrected as follows: Page 15 - Last Paragraph - The statement of Councilman Barnes should read "not quite with Councilman Mottinger on this," instead of "not quite with Mr. Gilbert on this", as indicated. Page 26 - First Item - The date of the meeting of the Upper San Gabriel Water Association should read August 12th instead of August 10th as shown. Page 27 - Last Item - Councilman Heath questioned as to the correctness of the action "Approved Conditionally" and asked if it could be so considered, Mayor Brown indicated that the motion indicated (only) by con- firmation of Council in relation to the matter and he felt that clarified the item.. Councilman Mottinger should be indicated as second- ing the motion on this item of salary survey and not "Councilman Brown" as indicated. CITY CLERK'S REPORT ZONE VARIANCE NO. 215 Accept Street.Improvements (Standard Oil Co,) APPROVED LOCATION, Northwest corner of Barranca Street and Garvey Avenue. C. C. 8-10-59 Page Two Z. V. NO. 215_- continued: Motion by Councilman Heath, seconded by Councilman Pittenger and carried that street improvements in Zone Variance No. 215 be approved and authorization be given for'the release of United Pacific Insur- ance Company Bond No.(325966) in the amount of.$4,500.00. RESOLUTION-N0, LOCATION: South of Vine Avenue, Final MAP of Tract.No. 24157 west of Citrus Street. (F. J. Zoelle) HELD OVER AT THE REQUEST OF THE CITY CLERK Approving Final Map of Tract No. 24157 and accepting United Pacific Insurance Company Bond in the amount of $21,910.00 for Street and Sanitary Sewer Improvements. The City Clerk indicated that all the necessary information had not been received in relation to this item and requested that the matter be held over until next regular meeting. .I't was the consensus that this be done. RESOLUTION NO. 1638 The City Clerk presented: Approving Final Subdivision "A RESOLUTION.,OF THE CITY COUNCIL.OF Map of Tract No. 21043 and THE CITY OF WEST COVINA APPROVING A • accepting Agreement and FINAL SUBDIVISION MAP OF TRACT NO. Surety Bond 21043, ACCEPTING DEDICATION THEREIN (Cole -Noise Construction Co.) OFFERED9 ACCEPTING AGREEMENT BY THE SUBDIVIDER AND SURETY BOND TO SECURE SAME. LOCATION: Southwest corner of Vine Avenue and Hollenbeck Street. General Insurance Company Bond No. 408874 in the amount of $25,150.00 for Street Improvements and Sanitary Sewers. Mayor Brown: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Heath that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilman Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absento__. None Said Resolution was given No. 1638, RESOLUTION NO. 1639 Opening of a 1° Lot No. 32 in Tract No. 24051 for Street and Highway Purposes (Linda Vista Street) ADOPTED The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ACCEPTING FOR STREET AND HIGHWAY PUR- POSES CERTAIN REAL PROPERTY.HERETOFORE GRANTED AND CONVEYED TO SAID -CITY." (Access to Tract No. 21043) C, ...C. .8-10-59 Page Three hFISOLu ION NO. 1639 - continued LOCATION: East end of Linda Vista Street in Tract No, 24051. Mayor Brown: Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Barnes, seconded by Councilman Mottinger that said Resolution be adopted. Motion passed on roll,call as follows: Ayes- Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent- None Said Resolution was given No. 1639. RESOLUTION NO, 1640 The City Clerk presented: Approving Final .subdivision "A RESOLUTION OF THE CITY COUNCIL OF Map of Tract No. 24914 and THE CITY OF WEST COVINA APPROVING A accepting Agreement and FINAL SUBDIVISION MAP OF TRACT NO. Surety Bond 24914, ACCEPTING DEDICATION THEREIN (Horny Construction Co.) OFFERED, ACCEPTING AGREEMENT BY THE SUBDIVIDER AND SURETY BOND TO SECURE SAME , " Home Indemnity Company Bond No. N 30-34-32.'in the amount of $500;00 for Street Improvements (Sidewalks), and the Anchor Casualty'Company Bond Noo 16-164100 in the amount.of. $ for Street Improve- ments and Sanitary Sewers. .�a, 7,0,06 LOCATIONS: Southwest of Merced Avenue,, between Sunset and Evan - wood Avenues. Mayor Brown- Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Mottinger, seconded,by Councilman Heath that said Resolution be adopted. Motion passed on roll callus follows: Ayes: Councilmen Heath, Noes- None Absent: None Said Resolution was given No, RESOLUTION NO, 1641 Opening of a 1' Lot 131 Tract No. 20537 for Street and Highway Purposes (Broadmoor Avenue) ADOPTED Pittenger, Mottinger, Barnes, Mayor Brown 1640. The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING FOR STREET AND HIGHWAY PUR= POSES CERTAIN REAL PROPERTY HERETOFORE GRANTED AND CONVEYED TO SAID CITY.' (Access to Tract No, 24914) Co CD 8-10-59 Page Four RESOLUTION NO, 1641 - continued ,. _ . LOCATION: Northeast end of Broadmoor Avenue in Tract No,, 20537, _ Mayor Brown: Hearing no objections, we will waive further reading of the body of the body, of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Mottinger that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None Said Resolution was given No, 1641. RESOLUTION NO. 1642 The City Clerk presented: Opening of a 11 Lot "A RESOLUTION OF THE CITY COUNCIL OF No. 22 .in Tract No. 19318 THE CITY OF WEST COVINA, CALIFORNIA for Street and Highway - ACCEPTING FOR STREET AND HIGHWAY PUR- Purposes POSES CERTAIN REAL PROPERTY HERETOFORE (Sandy Hook Street) GRANTED AND CONVEYED TO SAID CXTY," ADOPTED LOCATION: ., Mayor Brown: (For Access to Christopher Street - Zone Variance No. 104). South end of Sandy Hook Street in Tract No. 19318. Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Barnes, seconded by Councilman. Mottinger twat said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None Said Resolution was given No, 1642. RESOLUTION NO, LOCATION: E/O Citrus Street, S/O Accepting Sewer° Bon San Bernardino Freeway, Precise Plan No, 176 (Wilson & Fuesler) HELD OVER AT THE REQUEST Accept the Hartford Accident and In - OF THE CITY CLERK demnity Company°s Bond No; 3123828 in the amount of $2,050.00 for sewer improvements. The City Clerk requested that for the held this matter be deleted from the -Agenda" present and over until the newt regular meeting of Council in that although the bond has been received the (sewer) easement is not in order. It was consensus this be done, 0 9, C. Co 8-10-59 Page Five n i RESOLUTION -NO. 1643 Determining the necessary construction of Sewers as a health measure in certain City area. (A°11-58-2) ADOPTED Mayor Brown* The City Clerk presented* "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DETERMINING THAT THE CONSTRUCTION OF CERTAIN SANI- TARY SEWERS IS NECESSARY IN ITUNI STREET AND OTHER STREETS WITHIN THE CITY (A°11-58-2) (Ardilla Avenue and Ituni Street Sewer District), Hearing no objections, we will waive further reading of the body of !the Resolution. Motion by Councilman Mottinger, seconded by:Councilman Pittenger that said Resolution be adopted. Motion passed on roll call as follows. - Ayes* Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown -Noes* None Absent: None Said Resolution was given No. 1643. RESOLUTION NO. 1644 Approving map of assessment district for the improvement of the Ardilla Avenue and Ituni Street Sewer Dis.trict- (A°11-58-2) ADOPTED Mayor Brown. The City Clerk presented* "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING MAP OF ASSESSMENT DISTRICT FOR THE IMPROVEMENT OF ITUNI STREET AND OTHER STREETS IN THE CITY OF WEST COVINA (A°11.-58-2) Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Mottinger,.seconded by Councilman Barnes that said Resolution be adopted. Motion passed on roll call as follows: Ayes* Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown, Noes: None Absent* None Said Resolution was given No; 1644. RESOLUTION NO. 1645 Adopting improvement Plans and Profiles and Specifications (A°11-58-2) ADOPTED The City Clerk presented* "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING THE PROFILE AND IMPROVEMENT PLAN AND SPECIFICATIONS FOR IMPROVEMENT OF ITUNI STREET AND OTHER STREETS IN THE CITY OF WEST COVINA (A'11-58-2) (Ardilla Avenue and Ituni Street Sewer District) L-7 C. C. 8-10-59 Page Six RESOLUTION NO, 164_-,-- - continued Mayor Brown: Hearing no objections, we will waivd further reading of the body of the Resolution. Motion by Councilman Mottinger, seconded by Councilman Barnes, that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Browr. Noes: None Absent: None Said Resolution was given No, 164.5 RESOLUTION.NO. 1646 Resolution of Intention to initiate proceedings for the 1911 Act Improvement of Ardi..l.l.a Avenue and Ituni Street Sewer. District and setting date of Protest Hearing -(September 14, 1959) (A'11-58-2) ADOPTED Mayor Browne The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ITS INTENTION TO IMPROVE ITUNI STREET AND OTHER STREETS IN THE CITY OF WEST COVINA, DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THERE- FOR, DECLARING WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT (A'11-58-2)" Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Heath, seconded by Councilman Mottinger, that said Resolution be adopted. Motion passed on roll call as follows: Ayes; Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None Said Resolution was given No. 1646 DISTRICT A'11-58-3 Preliminary Report of the City Engineer as Revised APPROVED AND REFERRED TO CITY ENGINEER RELATIVE TO PLANS AND SPECIFICA- TIONS k Baymar Street and Norma Avenue Sewer District. LOCATION: Baymar Street and Norma Avenue. I C. C. 8-10-59 Page Seven DISTRICT A111-58-3 - continued The City Clerk indicated that Mr. Dosh has the over-all sewer district plans and that -Council has copies of the revised report of the City Engineer. City Manager: Councilman Heath: Mr. Dosh: Councilman Heath: We made contacts into this property so as not to create another island (of non-sewered property) as has been done in the past. Has a petition circulated in the red area indicated on the map? Yes, I believe so, but I do not know the exact response. I gathered from the report that the red area was not included in the petition nor added to the petition. City Manager: It was not included on the original petition but was made a part of the • revised report and included so that the project did not start and leave an.island of non-sewered property, and they would have to come back for sewers in this area, which is what happeened on bark Ellen Avenue. Councilman Heath: The rest area is between the petition- ing areas in green, I City Manager: The red area has now been included to fill in all of the area. Councilman Heath: Were there peititions in this red area? City Manager: I believe so, but the report covers the green area first. Councilman Heath: I believe my question has been answered. . I notice the report mentions the revised district so it does include the red area. Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that the combined map of Sanitary Sewer District No. A111-58-3 be approved and that it be referred to the City Engineer for proper plans and specifications. L'7 0 ti C. Co 8-10-59 Page Eight SANITARY SEWER PETITION LOCATION, Irwindale and Puente REFERRED TO THE CITY Avenue Sewer District. ENGINEER FOR PROPER REPORT City Clerk, The petition for sewers is in'a certain district represented on the. map before you and we request this matter be referred to the City Engineer for proper report. Motion by Councilman Mottinger, seconded by Councilman Barnes and carried that the matter of the Sanitary Sewer Petition for Irwindale and Puente Avenue Sewer District be referred to the City Engineer for proper report. PLANNING COMMISSION LOS ANGELES COUNTY No objections by the Planning Commission ZONE CASE NO, 3835-(3.) NO OBJECTIONS LOCATION: West side of Walnut Avenue,. south of Doublegrove Street. City Clerk: This matter has been reviewed by the Planning Commission and they entered no objections, It is a section of land 300-feet south of Doublegrove, 1320-feet in depth, facing on Walnut Avenue. It is immediately south of the City limits. Councilman death: What zoning classification is going in here? Mr, Gerschler: It is R-1 with a land reduction from 10,000 'squar'e foot lots to 7,500 square foot"lots. The Planning Commission felt that since adjoining property had been reduced to 6,000 square foot lots this proposal would be an up -grading. No objections will be offered by the Council. REMINDER-: The City Clerk reminded Council of the meeting of the Southern California Planning Congress to be held at the Dinnerhorn at 6:30 Po M., on Thursday, August 13, 1959. C. C. 8-10-59 SCHEDULED MATTERS HEARINGS ZONE VARIANCE NO.'286 South Hills Baptist Church DENIED Page Nine LOCATION,. 424 So, Lark Ellen Avenue REQUEST: Church Day School Use Denied by the Planning Commission 9nder their Resolution No. 780. Appealed by applicant July 21, 1959. Mayor.,Brown-. Prior to the proceeding on this 'heEii­ ing I would like to state that it has been brought to my attention that'6n Friday,, August 7, 1959 on Channel 7 at 10-.45 P.M. CommemtAtor Lew Erwin quoted Dr. Thomas as saying that Mayor Jay D. Brown is'pre- judiced against the church. I believe my past record speaks for itself but if Mr. Thomas feels I have been prejudiced, and can con- vince me of the same,.I will disqualify myself from this public hearing. Mrs. Hickso, I represent the 2,O members of the... South Hills Baptist Church and we Will • stake our reputation on the honesty and the integrity of our Pastor. I have a tape of that which,is be- ing referred to and there is no such 4uote-given. Mayor Brown- Mr, Milt FEffonmn- of the AW Broad— casting Studios stated it was a quote. I would like to reitekate that I se- conded the motion referring the original church hearing (before Council) back to -the Planning Commission with recommendations for approval. Py City Ordinance if the City Council over -rides the de- cision of the Planning Commission on a zoning case the matter' must' be sent back for reconsideration of the evidence presented. Council- man Mottinger made the motion and I made the second. With the nd*' evidence, when the matter was passed, it was with a unanimous decision of all five members of Council for the church to go in. 'I do not believe these facts would indicate any prejudice on my part. Mrs. Hicks: I state that you -called it a quote and it is not a quote. Mayor Brown: It was over the television station and on their tape recor4d1h'g. Mrs. Hicks-. I have the tape recording and there is no such quote. Mayor Brown: I believe that only Dr. Thomas is in- volved in the matter that I have raised here. C. C. 8-10-59 Page Ten Z. V. N0, 286 - continued Mrs -Hicks: I believe not, as*]" represent the South Hills Baptist Church. :Ma:yor Brown-, I'am asking for evidence of my prejud- ice against the church and if two members of Council decide that I am prejudiced on this matter I will be disqualified. Mrs. Hicks-, Did you talk to Lew Erwin,,he was the man who made the talk? Mayor Brown-, I didnot state.I had spoken' -to Lew Erwin, I talked to Milt Freeman of NBC and he told me it was a quote, Mr. Thomas-, I did not talk to Mr. Erwin. I stand on the denial that I did not give this in- formation out. I do not know where Mr: Erwin got his information and on the script there 3.s no such record of a statement;. There was some confusion in that to begin with it was about this zoning, not the church. . Mayor Brown-, Do you consider me prejudiced or not? Mr. Thomas-, Not prejudiced pertaining to the church zone variance. Mayor Brown-, Do you wish me t:o disqualify myself as being prejudiced on the matter of the school? I will state that I am not pre- judiced against any school. Mr, Thomas-, Past indications are that you might be. Mayor Brown-, I would again state that I am not pre- judiced against any school going in, However, there are various things that have to be considered at such hearings, including locations, and my ideas in relation to such things may have a lot to do with it, Mr, Thomas-, I feel that fair and equitable decision will be given on the evidence to be presented and you should: remain and-" give it a fair hearing. There was no quote made of any statement of prejudice against the church and I do not feel ,you are prejudiced _ against the church but I feel there might be (prejudice) against the school. Mayor Brown-, Thank you and I will. sit in on the public hearing of this matter. • C. C. 8-10-59 Z. V. NG. 286 - continued City Clerk: of July 30, area on July relative to Mayor Brown: Page Eleven The records should show that we have the Affidavit of .Notice of this hearing as published in the West Covina Tribune 1959; an affidavit from Mr. Mc Taggext of posiing of the 31, 1959 and that the records indicate notices mailed this hearing.to 102 people in the area, equal time to both sides. Under Ordinance 502 debate is'limited to time. I would like to know the time desired by both sides - we will give Both proponents and opponents indicated that the time of 30 minutes would be suitable for both parties. This time was agreeable to Council.. Mayor Brown-, All those desiring to present testimony will please rise and be sworn in by the City Clerk. Mrs. Charlene Hicks of 745 Herring Avenue, West Covina, speaking for the South Hills Baptist Church stated as follows: I am authorized to speak for the South Hills Baptist Church. Our" purpose is to provide a normal and religious educational program and after prayerful consideration we are asking for a variance to conduct a Christian Day School. All the facts show that this would be a benefit to the community and.not a detriment and in every way will - meet, or exceed, the requirements as set forth by the Ci#:y Ordinance. There will be no detrimental effects to public ,safety, health or welfare. This land on which we ask for a variance was originally zoned for pri- vate school under Zone Variance No. 1.39 which gave this property the right to have a private school and it is the same land on -which we seek a variance. This land was previously selected as a possible - (public) school site and serious consideration was given as a location for one of. the West Covina City schools. In relation to this point I contacted Mr. Clifford Thyberg of the West Covina School. District and asked him for information in relation to this matter and to quote him with this statement "We consider this an ideal., school site and the reason it was not built was that it did not have enough land to accomoda-te a school of 600 to 700 students and we did not know how much would be used for flood control." The :size, however, is adequate for us in relation to public school standards of 80 (students) per acre although frequently you arc unable to stay within these limits'' to secure adequate open space and playground. We would lik6 to have no more than 80 students per acre. The condition of this variance could be limited to 80 students per acre. The location of the land lends itself to school use. There is a nursery school to the east of this property which is operat.ing'uhder a private school variance and I believe it went as far as the 4th grade, at one time. Ca . Co 8-10-59 Page `twelve Z. V. NO. 286 - continued Mrs. Charlene hicks - continued: There is a Wash to the south which provides a buffer zone for sounds and in an unsolicited letter on file with the City Council it is - stated that the owner to the south is not opposed to a school on this land. The church is removed on three sides from residences. On the one side there are residences, 16 houses bordering on the north. So far only five of those 16 residents immediately bordering the school have complained, and this is less than one-third of those directly affected. The existing zone is R-A with a variance for church, use. This fact, in itself, puts this .land in a better position for a private school and should be located so as to enjoy the benefits of this property right. We need a variance; for this purposes All 21 of the approved school sites are located inn-1 zones and there is nothing unusual to ask for a variance in this zone. The pro- perty owners knew they were not surrounded by all. R-1 property: At the time of the final. inspections of these homes in February, 1954, our property was used as an extension of the West Covina School Systems • and our land was used, at the east end, as a playground so that the people did not move in unaware of the school location at the time of the purchase of their homes. There has been a definite benefit to the community in the improvements which the church has established. This will equal the high standards of our public school system. All our teachers have Bachelor Degrees and many with Master Degrees. The church buildings to be used for school purposes which passed final inspection, and there are 7.oi'"them,..will have no more than 30 pupils per room and that is a very favorable --number cons- der.ing how many are in public school classrooms. There --will be no enrollment until the variance is granted and 90% of the enrollment will be local students. I will go on record as making this statement. After the checking of additio". 1-1ctivity by an accoustical engineer, it would not add greatly to the noise,or to the traffic problem. In relation to the noise and slope of land, classrooms would be on as lower level toward the Wash and the noise tests taken indicated that the noise level would not be raised by classroom purposes. An attempt to keep children from the residential areas, as far as possible, will be made, and buildings will act as a buffer between the two. The traffic is no problem, Traffic isn° t <a. valid opposition since it is a secondary street designed to carry far above the present load. Compare the traffic load on Lark Ellen with other streets having two lanes and an elevated bridge. Lark Ellen has 4,000 cars per day with 8,000 to 9,O00 per day on Azusa, 8,000 per day on Sunset,, and Glendora has between 12,000 and 13,000 per day. Lark Ellen is carrying about half the load for which it was designed. If we contributed 80 cars • CI C.-C. 8-10-59 Page Thirteen Z. V. NOa 286 - continued Mrs. Charlene Hicks m continued: per day, which we do not believe we would, it would make the traffic from the school equal to 2% more which is a negative figure. So long as the church is there, indications have been there would be a traffic hazard, but Police Department figures do not bear' -out that statement. Only one accident has occured, January,1957-to the present; under date of September 4th at 2:53 A. M. The, driver was intoxicated or fell asleep. The other accident near the church between January 8, 1957, and the present time was October, 1957. There was minors damage and occurred at 5:55 Pa M. This is past school hours. We feel this is the correct use of the land and that although the land is narrow this is no obstacle as public schools are designed with patio type areas and have small areas in front of classrooms. This type could be used, with 12 acres for playground. It is no ordinary piece of property, this is a problem piece of pro- perty and is not suitable for R-lo We have contacted architects and contractors and the most it is worth is $3,500.00 per lot, at the maximum. The cost of compacting and fill was $2,000;00 per acne and it is not economically feasible for R-la . It might be asked, if this 'is a problem to school, why acquire it? There mire no problems for school purposes, it is ideally fixed. We believe that to gain maximum use for this land, which is sub -standard, to use it as it is would not be economically feasible for R-1 so what better use for the land than a school? There are excellent conditions in zoning this for a variance, otherwise we could not ei.Joy full; property rights under this condi- tions. No one else has been able to use it and it has been referred to as the "City Dump" in the past. This use would bring a good Christian school into the neighborhood and be of benefit, directly or indirectly, to everyone in the community. Rev. Wittlinger of St. Martha's Epxscop•a1i church, 520 So Lark Ellen, stated as follows: I am in a strange position or have strange bedfell,ows,and as a priest of the Episcopal, Churcb'I come here, first of ag-, to wholeheartedly support the request of the South Hills Baptist Church to bd allowed to conduct a "Parish" Day School on their property. We feel very simply that it has been completely within the traditions of the Chris-- tian Church as a whole, whether Catholic or Protestant, that education and church are normal companions. The Christian churches of this' country, where by an large were Episcopal, saw fit to have close align- ment between church and education and I feel that because of many "Parish" Day Schools, private schools, primary schools, etc., that churches are associated with, that this is a right use as a church function and we would wholeheartedly support these people in this. In saying this, we would say we are saying no more than this, and we are not underwriting the techniques and methods that they have used in any way to see that this thing be permitted. C. Co 8-10-59 Page Fourteen Z. V. NO. 286 - continued Rev. Wittlinger - continued - The simple fact is that I believe a Christian church has the right to teach more than on Sunday mornings. However, we must make a condition to it at this point. It eras iidi- cated that the owners of property to the south, which I believe referred to St. Martha's property had given its support in the terms of an un- solicited letter. I wrote this letter prior to my vacation a few weeks ago but it was not an unconditional letter, The Walnut; Creek Wash is not the southern boundary of : the South Hills Baptist Church. In looking at the map you can see there is a good veal of land north of Walnut Creek Wash which belongs to our Parish. We bought this As an investment knowing that the Army Engineers would purchase land in re- gard to the use of the Wash for flood control. purposes. A numberof weeks ago I received a call, from the Pastor of the South Hills Baptist Church, Dr. Thomas, requesting permission to have mechanical, equipment on his land to be used to grade over and make -the flow of the water from the church property to the Nash a simple matte°. I told him I could not give this permission at this time. Prior to this time I made several. calls and went personally to Dr. Thomas and objected to . the dumping of various fill and debris upon our hand. It was necessary for this congregation to dig and recompact before building the church. However, all of these requests were of no avail and vilt.thin two hours after he had talked with me the bulldozer proceeded to destroy the surveyed line, for which the Parish had pajid Mr. Johnso1� to survey, and .to bury, by use of this mechanical equipment, an established steel post and wire fence limiting the land belonging to tha Parish, and it was done with the full knowledge of Dr. Thomas and after full conversa- tion with me regarding the matter. The school point I support,but if the zone variance is granted I would like conditions made to this variance that this congregation be re- quired, very simply, to re-establish the legal definition of the survey line as established by Mr. Johnson in terms of surveying and being duly marked, and the re-establishing of the post and fencing that has been buried, in any way the Council shall see fit. The Council imposes conditions upon initial variances, or makes changes, and .if you see fit to.permit this school use here it shall be regjuired they, xe-establish the line which involves a great deal of land belonging to use When you ...look at the land, they have little land and we; have 10 acres on our property. I would suggest and, request that these things mentioned be re-established at their expense onthis land which at the present time seems to have been appropriated by the South Hills Baptist Church, Mayor Brown° I do not know, Reverend Wi,tt.linger, whether you speak xn favor or against-, Rev. Wittlingero I would say- I was in between. Co C, 8-10-59 Page Fifteen Z. V. N0, 286 - continued Mr. W. Co Twamey, 1.346 Sunset Hill Drive, spoke in opposition: I am one of the neighbors who live on the property bordered by the northern wall of this Baptist Church, We, as a group of home owners, do not wish to dispute the money and value involved in the Church and school, but we would like to defend what we feel is our right as a group of property owners, to a restful existence in a location where we bought our homes six years ago, In the meantime, a good many things have happened. This public scheal , which was open for several days last year, gave us property owners the opportunity to view, withalarm, the noise and dust problems, so we can ;speak with limited experience on the various drawbacks on this thing v_�%ar established residences and in some cases as near as 30-feet from playground and church. Although the acoustical engineer employed by the Church states there would be no noise problem, anyone will agree that children at 30-feet away can be noisy and the prospect'of 400 children at 30-feet is frightening. Any attempt to keep these children in hand by supervision, parents or teachers, is doomed to failure. I am sure these children A& would look upon the area.a,s an open playground and feel free to use it for after -hour games and then they would not be under any supervision or any instructors. The very few children in the bible classes were plainly audible to the residences to the north. I do not know how many children were involved but they could very easily be heard. In regards to the traffic situation, it is very poor as this entrance to this proposed church is less than 100-feet from base of the bridge which will carry, a double lane of traffic and there is a visibility problem here. The street recently was widened 20-feet. This is not the answer to this problem and if one were to analyze the situation the escape lane that has been widened on the street may be a small improvement for cars going north but to use it less than 100-feet from the base of the bridge, cars would have to slow down an appreciable amount and would cause a traffic hazard on the bridge itself. This new widening of the street would have no benefit whatsoever to facili- tate traffic flow from the north or west. There has been some discussion in the past of using Leaf Avenue as an exist from this property. If this were to be done it would not only be used as an exit but for a point of entry and there would be no one there to police it. Leaf Avenue is a purely residential street. This piece of property, through all the discussion, has been called a problem piece of property. This may be true, and to alleviate this problem a church was granted, and very reluctantly since it does not conform to the surrounding use due to the narrow land. If a school is allowed, every home owner will have a problem piece of property, too, his own, C.-C. 8-10-59 Page Sixteen ' Z. V. NO. 386 - continued Mr. W.-C. Twomey - continued. - Precedent may play an important part in this decision. If this variance is allowed it will open the door to every other church to ask for, and expect to get, a day school on their property no matter how the property is situated. There have been many statements on radio, television and in the paper of the injustice being done to this church by not permitting this use. It was specifically stated in the Minutes of the meeting of October 4, 1958, that no Day School was to be here, or contemplated. It was this statement, and other similar ones, that enabled them to obtain a church use in the first place. This Day School has been denied three times in less than a year and there is nothing new to justify different treatment now. It is probably within the legal right of the applicant to request the same variance as often as his inclination and pocketbook will allow, but we feel that it is a travesty of justice to require property owners to continually fight a nuisance and a threat to a residential neighbor- hood. We feel that this application should be denied in such a . manner that it will be unlikely that it will be brought up again for the same use. Good usage has already been granted to relieve the situation of a problem piece of property. Isn't that sufficient? Mr. R. Bruce McKenzie„ 403 S. Lark Ellen Avenue, spoke in opposition. I would like to make some comment on the advertisements as they appeared in the local press and put in by friends of the South Hills Baptist Church and also by radio broadcasters on a major Los Angeles network. We felt these statements should not go unchallenged;'. .In checking properties on which are located private and public schools in this City, we found none which present a situation comparable to what we have.here; such closeness to private residences so as to afford, because of the size and shape of the land, little or no pro- tection to the rights of the private property owners. Some of these other schools are undoubtedly in R-1 zones, but they have much vacant property surrounding them so that prospective buyers can make a free choice of whether or not they want to live next door to a.school. . In our case here, the school proponents want to force the people in the area, who have been here five years or so, to accept a school right in their back yards. Entrances and exits on these other school sites are adequate and separated and have clear traffic visibility. Such is not the case here. These other sites also are not "squeezed'.' into an unsuitable piece of property such as this one. Co C. 8-10-59 Page Seventeen Z. V. NO. 286 - continued -Mr. R. Bruce McKenzie m continued: One claim in their advertisements is that this site had been con- sidered an "ideal site" by the West Covina School System. If this -is ture, then why was it not used as such? Wasn't it in actuality re- jected as a suitable site and this took place at a time before the neighborhood was developed and houses built? Another claim in their ad is that the land was zoned for a school when it was purchased. This is a misleading statement, as actually the facts were that an isolated existing house, located at the far end of the property,, was rented on a non -conforming type of use for the operation of a Pre-school Nursery, which is a far cry from a full fledged Day School.' The traffic problem has been adequately presented by Mr. Twomey but there is one point that I would like to enlarge upon and that is the greatly increased foot traffic made up of children going to the high school and the Cameron School. There is no sidewalk along the front of this church property on Lark Ellen Avenue and the cars turning in and out of what would be the exit and entrance to this property would • present a serious hazard to these children - as peak pedestrian traffic and peak automobile traffic both occur at the same time. This ad also indicated that no concessions were being asked. However, it is our firm conviction that if the school usage, no matter how limited, is once permitted here they will demand and get one concession after another. Very conceivably the residential property along Sunset Hill Drive could shrink so in value that its present owners, if they would desire to sell, would be unable to recover the actual cost of their investment - and in an area where valuations have increased one-third in value. in a newspaper article in last Sunday's Tribune, a b alleged to have made a statement from which I quotes people of West Covina would be shocked if they knew As Mrs. Hicks was said to have refused to elaborate seem to me that this kind of a statement is nothing inuendo uttered merely for its influence value. If of fact in the statement I, for one, would like to I at this hearing. This is not the first time such ir been made by the proponents. Mr. Bloom,. 229 Myrtlewood Avenue, stated as follows: I was listening t and I wonder how same way and what and on my home. press for zoning have something to rs. Hicks was "I believe the the whole story." further, it would more than a sly there is any basis ave it brought out sinuations have o the televion program referred to and was shocked many of the half million people listening felt the affect it is going to have on the property Values I think it was a disgraceful, way to intimidate or and I think that if Mr. Kruschev heard he would argue with Mr. Eisenhower, I think it was deplorable. C. C. 8-10-59 Z. V. NO, 286 - continued Page Eighteen Mr. Bloom - continued,. I would bring to your attention that in the past, Leaf Avenue has-been recommended by the Planning Department as an emergency fire exit, - consider that. I also think that you are aware of the fact that the Teen -Kan -Teen is going to be located close to this church and school -and that this use will certainly bring in many, many teenagers with their cars and hot rods and also cars of parents picking up children from this build- ing. It is a serious consideration, even though I hear some laughter from the audience, in that there are problems that continue to change from day to day and should be taken into consideration. Mr, Robert Matzinger of 1424 Sunset Hill Drive and Mr. Robert Becker of 1340 Sunset Hill Drive stated they wish to go on record as being im opposition to this use. Mrs. Hicks, in rebuttal,. Had we not believed that each of you members of Council were very • fair minded men and could realize the logic of our arguments, we would not have come back a second time. I believe this represents the freedom of speech. The statement that our playground is less than 30-feet from the wall is erroneous. There is a 20-foot easement and at no place is there anything as close as 30-feet. Further, we have not set aside a play- ground area which is the best argument against this. They stated 400 children. I do not know where they got this but we are asking 80,per acre, the 400 children were not mentioned. The bridge, it was stated, is less than 100-feet from the driveway. I will go on record it is 165-feet. In relation to the visibility problem, a test was taken and there is visibility at all times from cars on the opposite side of the bridge of our driveway. If there is basis for fact that cars slowing down to make the turn will cause a -hazard on the bridge, I would like to state that the speed limit is 25 m.p.h. and if there would be any car making this turn and cars behind would have to change their speed they would certainly be violating the ordinance. There has been no discussion regarding Leaf Avenue being used and we are not advocating such use, we are opposing that. In relation to the statement that the church does not conform to the surrounding use, I would again refer to the Planning Department remarks that this is a comparable asset to the surrounding land development of residences. C. Co 8-10-59 Z. V. NO, 286 - continued Mrs, Hicks - continued: Page Nineteen In regard to the statement there would never be a. Day School here, it was stated that there is no special school, only on Sunday, but it does not say there will not be. It says this matter was denied three times, but it was only denied twice by the Planning Commission, I cannot see how they .would be alarmed since they do not know the circumstances. The broadcasting was not over a major Los Angeles station; that is, it was not a paid broadcast, it was made over a local station. -It was indicated the buyers did not have to make a choice when they bought homes in here but this land was being used for the West Covina School systems It was indicated there are no sidewalks in front of the church, but there is a sidewalk there. • It was indicated that property value would shrink. These homes originally were built and priced at $10,200.00 and they are now worth' $13,500.00, by appraisal. I trust that Council will weigh -these facts and take them in the light of their merits I trust that you will do that and if I did not trust that you would do it we would not have come back a second time. We believe that your decision should be based.on the greatest good for the greatest number of people and that there were only five out of the 16 property owners who border the school who are in protest, which is little opposition in view of the fact that this is a Christian Day School which would be of benefit to the community. There being"no further testimony, the hearing was declared closed. The City Clerk presented and read Planning Commission Resolution No. 780. City Clerk: A communication was received this afternoon containing sixteen signatures, dated August 4, 1959, indicating that they do not feel a school under Dr. Thomas's auspices and influence would be an asset to the community, and that they had withdrawn any and all suport in this particular case. ti E 1 C. C. 8-10-59 Page Twenty Z. V. NO. 286 - continued Councilman Pittenger.- I would make a remark about previous use of this land for a school. I was on the school board when we rented that building for first, second and third grades for two years.- Let me remind some of you people who at that time were not in the City that we had a Sunset School, not as it is today, and we had Cameron School with 1,400 to 1,600 students, so that we rented anything we could to get children in school. We rented the Japanese -American Clubhouse, the Community Church, the old ranch home on Orange, etc. We would have rented anything to get the children in the City in school. This property was offered for a school but was turned down as it was not large enough and the only consideration in relation to the existing building there, was to use it immediately so let's set the record straight on that. The school district never considered that property for a school site and any use made of it was a non- conforming use. Councilman Mottinger: It is always difficult to be the first one to make remarks on a controversial subject like this as you do not know if you stand alone or have strong support. There have been several comments with regard to testimony and the facts in this case. In the first place, I think it should be definitely understood that we, as a Council, are not judging the right of a church to have a school - we are considering only the land use and I do not believe it would be our perogative or within our jurisdiction to consider whether or not a church has the right to have school and let that be clear in the record. It has been intimated this evening that there hag been a continuing series of crises regarding this piece of property. I think I can say that probably easier than other members 6f Spuncil because at the time of the variance fcfrthe church u`s'=4IPw4�ashe one who made the motion to grant the variance and sometimes I have lived to regret that action. Some of the things causing these crises was regarding ,the violation of the Sign Ordinance, and that -the Church was.given permission for use as a Church onlya(, was part of` the discussionblw oir Council)and the building permit, as granted, was granted for a church school only and not for a Day School. Councilman Pittenger has made some remarks regarding the West Covina School District's consideration of this property. I do not cbrrect him, only in one small Item; The original thought of using the pro- perty was made at a time when there were no homes on that south side of Sunset Hill Drive and this was part of the original -'McConnell property. At that time there was almost enough room to use the exist- ing land and eventually build a school. Before anything further could be done on that matter, and hesitating because of the shape of the land, thelotswere sold and the idea for such use of the property was discarded., Its location, so far as its position in the City, was good but the land was not practical to use for such a use. MC. Co 8-10-59 Page Twenty -One Z. V. NO, 286 - continued Councilman Mottinger - continued. - I, personally, regard the pressure that has been brought to'bear almost to verge on intimidation regarding this request for zone variance. Council is required, and it is their duty, to judge on the facts as presented and not as a result of anything a pressure .group might happen to bring. In regard to the numbers of people who might be o �po ed, it would be the duty of Council to act on the matter whethe�"h"ere was w audible opposition If five people are opposing it is one thing, and if none at all we still have to act on the merits of the case. The situation is not changed since the last time of acting upon this matter and I, for one, am not inclined to change my decision as it was made the last time. Coundlman Heath: I sympathize with these people in the fact that they do not want a school in their back yard. Everybody has their own feelings for and against schools and evidently there are five very much against it. However, there is one facet that we are over- looking and that facet is this; the property is definitely a problem piece of property., Before the Church was put in there I graded my yard and dumped the excess dirt in that area, with permission, of course. I know the problem there was in getting into that hole and getting out of that hole. I have seen,the contour of the property from down -under and on top and I would say it was definitely a problem piece of property. Now it has been said that this cannot be satisfactorily developed R-1 because of the cost of the compacting and fill. I believe that it would be prohibitive so what do we do now with this problem piece of property? You can't prohibit a man from developing his property, so the way we do it is to go to a different zoning classification of his property. I think we should look at the entire picture and not just the trees in front of use This piece of property is classified R-A and should be able to develop without losing money. If it does go R-1 where does it go? If you go down the list of what could go in there, - gas stations and grocery stores are out of the question. One thing is R-3 apartments. I feel if I owned this piece of property and I wanted to develop it, I would come to the Council and say this is a problem piece of pro perty but I can't develop anything other than R-3 and would like a variance. The purpose of a variance is to bring the value of his property up to the value of adjacent property. I would state this fact becase just within a few hundred feet on a similar size piece of property there has been granted R-3 and there will be R-3 on it. I do not think the area is for R-3o I would like to ask whether a man could justifiably get R-3 on this property to bring this property up equal to the surrounding property. I do not mean this as a threat but it is a fact we have to look at. I wouldn't want to live in a C. C. 8-10-59 Page Twenty -Two Z. V. NO. 286 - continued Councilman Heath - continued. neighborhood with R-3,_I would rather have a church with a variance.,'` Maybe some one can correct me, but if it does not go this way what will go in to make it pay and realize a profit? Maybe a church .- school isn't the best thingin there, and it is mean to say this to the opposition because it nails you to the wall and crucifies you, but which would you rather have? Maybe some would rather have R-3 in there, I would not. So far as the Church is concerned, they have tried to make every con- cession. I believe it may be better for us, as a Council, to consider the better way to go and take the lesser of two evils. Place restric- t16ns to protect the people and let us stand back and take a look at this thing.from a "birdseye view" and consider all evidence in relation to it. Mr. Williams do you feel the true interpretation of.the variance which says we must not discriminate against people is that a variance is .to bring this property up to value of the surrounding property? Do you feel,.. if.the owner asked for R-3, do you think he has a good • legitimate case here, legally? Mr. Williams: There is a good chance, Councilman Heath. The evidence heard tends toward this conclusion in that it is not economically useable for the zone in which it is located. Uses for that zone are not applicable to this property. The Planning Department substantiates this conclusion. That would mean they either would be entitled to a rezoning into something to make the property economically useable, comparable to adjacent property, or a variance that would accomplish the same result. Whether R-3 or school and church, or a saloon, but they would be entitled to some use to make the property economically and beneficially useable. Councilman Barnes-, I think that most of the problems have been covered so far as I am concerned. However, there was a statement that Mrs. Hicks made in the latter part of her request in regard to answer- ing the question of whether this would be used for a Day School or Sunday School only. The previous question was asked by myself as to whether this would be used for a Sunday School only, and that was answered by the Reverend Thomas at that time. At that time, how- ever, I do not think anything other than a church would have passed the Council. If they had added a Day School the Council would not have been in favor, at least I would not have been, but possibly by now adding the additional land it could be. I sat in on the Planning Commission meetings at the time of the hearing. They suggested at that time that Leaf Avenue extend down toward the Wash and cul-de-sac and be developed into R-1 with the school on the west so it would buffer anything to the east, but I can't see the advantage of develop- ing land to the west in R-1 and if so would there then be enough land left to accomodate a school at all? If.they took the land that was C. Co 8-10-59 Z. V. NO.' 286 - continued Councilman Barnes - continued: Page Twenty -Three remaining and put in 80 students per acre and left out use of church and its parking lot, how could they consider they would have enough to make a.Day School pay? So far as the Church is concerned, I do not think it could develop properly and yet have enough land left to have a ,good Day School, Mayor Brown: The nursery school is on a variance with a time limitation which is running out in less than two years. At the time this was done, we knew there would be changing conditions in there and so did not make it permanently for a school, Councilman Heath stated this property might go R-3> There is a church on part of the property now so there is no likelihood of the land going R-3. By the time they tore out the church building they would have put more into' it than they possibly could commence to get out of it. It would be cheaper to develop in R-1 at the present time and I know whereof I speak because I am in the heavy construction work. The variance asked for tonight shows no Precise Plan whatsoever and I vote on no Zone Variance until there is a definite Precise Plan. There is a plan showing classrooms but no playground area, no recreation facilities to be used in conjunction with the school. There is shown a proposed nurse's office. It can be vaguely interpreted as a Precise Plan but it does not meet any requirements. If the homes sold for $10,500.00 and are now selling for $13,500.00 they are lacking 7% of the property valuation appraisal of the County so I can't see where a day school would benefit this property if it is already lacking according to appraisal, Councilman Heath: When I spoke of R-3 I wasn't talking with the understanding of removing the church. I was talking of the property to the rear of the church which is now in a deep depression. I was talking about that area from there, back. Mayor Brown: It is only an option to buy that amount as I pointed out on the map. Councilman Heath: I think there could be restrictions put on here that would help this problem. I think if the playground was limited to the south side of the property at the far end and away from the school it would be advantageous from the point of inter- ference of classrooms further away from residence. When I was think- ing of R-3 I was thinking of the back end of this property now. So far as developing the rest R-1, it would not be economical to develop such a land -locked piece of property and the Fire Department would not go for it as they couldn't turn their engines around. Your comment. was you doubted if it would go R-3. I still feel that if the owner legally posted it and quoted our laws he could get R-3 and Mr. Williams indicated he has to get something in there: G n LJ Go Co 8-10-59 Page Twenty -Four Z. V. NO. 286 - continued Councilman Heath - continued: I think a compromise could be made here, with all due respect to the home owners around there, to get this property cleared up in a way satisfactory to the surroundings. I think there could be a compromise made. Mayor Brown: Prior to answering any statement I would indicate that we are in no way discussing the school, we are dis- cussing land use as a Council. The variance is on land, not on a school. or anything else. The figures of 80 students per acre would bring it to 504 students on this very narrow piece of land. They state 7 class- rooms at 30 students each, which would give 210, but 6T acres:at 80 students per acre would give 504 students. Before I would consider this I would need a Precise Plan spelling out where the playground is, where school rooms go and how many. With your insistence on the proper use of a variance, if this is your interpretation I might mention the denying of a use, under variance, to a man who already has his property commercially zoned, Councilman Heath: adjacent property, that is not. That variance, which took place two weeks ago, is on the same piece of property and doesn't apply. This is Motion by Councilman Heath, seconded by Councilman Barnes, that Zone Variance No. 286 be held over until next regular meeting with the request that a Precise Plan be presented showing all the details of this proposal at that time. Discussion of the motion follows. Mayor Brown: I will not be at the next Council meet- ing. Councilman Pittenger: I think we should get this settled and settled with full Council present. Perhaps we could hold it over two meet- ings from now and I might consider the motion made, but I do not want it done with only four members of Council present. Mayor Brown: Although this was to be presented at the latter part of this meeting, I would ask the City Clerk to read this communication at this time. City Clerk. "It is with deep regret that I am forced to ask for a 60 day leave of absence, due to health. I know the burden this places on the rest of the Council due to the heavy work load that is now facing the Council, but my doctor has asked that I quit the Council, or at least take a leave of absence". C. C. 8-10-59 Page Twenty -Fiore Z. V, NO. 286 - continued Councilman Heath: I think we should refer this letter to a study session. Mayor Brown: If Council does not see fit to act on my request, I will state that the law of the City says I can take 60 days without 0. K. of Council, and so as of this moment I am going - either that or I will have to resign. Motion, as indicated above, failed on roll call as follows: Ayes: Councilmen Heath,,Barnes Noes: Councilmen Pittenger, Mottinger, Mayor Brown Absent: None Councilman Barnes: I would like to ask the proponents,- in that they have a line running through the map beyond which I think was a proposed R-1 zone to be used and developed by the Church, how many acres would be available for play- ground use and also parking, other than for the Church? Mr. Thomas: It would be started at the extreme east end of property and proposed extension of Leaf Avenue. The present contract holds to the center of Leaf Avenue. Property on the west side of Leaf Avenue would be developed into R-1 and would take lots within 27 or 30 feet of existing house. Councilman Barnes: You have marked 140-feet almost to the existing westerly edge of the nursery school. If this is used for R-1, how many acres would be left in the present property? Mr. Thomas: It would leave about 51 acres. .Councilman Barnes: Does this include the Church building and parking lot? Mr: Thomas: Yes. Councilman Pittenger: There is 140-feet depth from center of Leaf Avenue. You would indicate you are using an acre there to get 12 lots. Mr. Thomas: The east boundary of our property is the center line of Leaf Avenue. We are quoting our archi- tect and there would be 6 lots on each side of Leaf Avenue. Councilman Barnes: Theionly the westerly six lots from the center line of Leaf Avenue would be your development, the other belongs to another builder? \� Mr. Thomas Yes, and we will dedicate 60% of Leaf Avenue to the City. We would develop those lots easterly, running north and south. ft C. C. 8-10-59 • Z. V. NO. 286 continued Page Twenty -Six Councilman Mottinger: I am particularly interested in the action being taken on this matter. I expect to be absent at the next meeting of Council as I will be away on vacation. Motion by Councilman Mottinger, seconded by Councilman Pittenger, that Zone Variance No. 286 be denied. Motion passed on roll call as follows: Ayes:. Councilmen Pittenger, Mottinger, Mayor Brown Noes: Councilmen Heath, Barnes Absent: None Mayor Brown called a recess. Council reconvened at 9:40 P. M. RECREATION AND PARKS GENERAL MATTERS WRITTEN COMMUNICATIONS NOTIFICATION OF INCORP- ORATION OF CITY OF HIGHLAND KNOLLS NO PROTEST ORAL COMMUNICATIONS None Board of Supervisors notification of intention td circulate petition. Mr. R. Becker, 1340 Sunset Hill Drive: In reference to requesting more hearing on a variance for a Day School by the South Hills Baptist Church, I would like to know if they are allowed to ask for hearings on the same request in the future or if some type of ordinance couldn't be put in effect to stop such exact same requests, when it has been denied four times in actions of Commis- sion and Council. It would seem a situation like this should be straightened out for at least some normal length of time. We do not know what`to do in the future. Can this thing be brought up forever? Mayor Brown: So long as they have $50.00 they can submit it forever, every time they file for variance. However, it has to go through the Commission again and proper notifications posted. u C. C. 8-10-59 Page Twenty -Seven ORAL,COMMUNICATIONS - continued Mr. R. Becker - continued: On this church property they have four spotlights. They are very close to our property line and sometimes this spotlight is left'on all night and it shines directly into our house windows and bedroom. Is there some way in which they could be directed to shine these lights to give sufficient parking lot illumination but not into our home? They probably do not know -the lights are an annoyance but I wanted to bring this to Council's attention. Mayor Browne This is a matter that I believe the City Manager should handle so that it is seen to that some deflector is placed on these spotlights. It would be a violation of ordinance, having them shine directly into homes in the area. Mrs. Helfricko Mayor Brown: includes your proposal of Mrs. Helfricko In checking this new map of the Highland Knolls,I would like to ask where our proposed annexation stands'. I believe it would be considered dead in that they (Highland Knolls) have filed an incorporation map that annexation. Is there anything by which we can withdraw legally from the area that is now being considered for incorpora- tion? Mr. Williams: Not now, in that they have filed and they have priority. The only thing you might do now, assuming they have obtained sufficient petitions to meet this request, would be for you to go before the Board of -Supervisors and ask to be excluded from this incorporation before the formation of a City. If a solid area asks to be excluded you would probably be excluded. If the Board receives protest petitions over 51% that kills the whole proposed incorpora- tion, but even though they would not get 51% of protesting petitions they can leave out anyarea that requests it if there is a solid block opposing it. Mrs. Helfrick: In that case, is our annexation pro- ceedings killed or held in abeyance? Mr. Williams: There were no annexation proceedings. Mrs. Helfricko I mean that it iIsn't dead so that we would have to start all over again to the point we have gone in this matter: Mayor Brown: I believe it would be held in abeyance. • C.-C. 8-10-59 CITY MANAGER REPORTS CONTRACT WITH LOUIS J. KROEGER AND ASSOCIATIES FOR SALARY SURVEY APPROVED Page Twenty -Eight Motion by Councilman Pittenger, --seconded by Councilman Heath, that the Mayor and City Clerk be authorized to sign the contract to conduct the Salary Survey with Louis J. Kroeger and Associates at the cost of $700.00. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None LEASE AGREEMENT WITH CAMILLE GARNIER AND JUNE G. WHITE (Cortez Park parking area) APPROVED PURCHASE SIGN EQUIPMENT APPROVED Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that the Mayor and .City Clerk be authorized to negotiate an agreement with Camille Garnier and June C. White in relation to Cortez Park parking area. For refacing of old signs. Councilman Pittenger indicated that he thought this should be pur- chased in that the City can resurface their old signs and have some 30 to 40 percent on the work. Motion by Councilman Heath, seconded by Councilman Pittenger, that the purchase of sign equipment in the amount of $299.00, plus freight from Minnesota, be approved. Motion passed on roll call as follows: �. Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None USE OF MINOR OFFENDERS FOR CITY WORK .CITY MANAGER TO WORK -THIS OUT WITH.CITY ATTORNEY AND JUDGE. The City Manager indicated that the Judges in the Citrus Municipal Court were assigning various juveniles charged with misdemeanors to work out their time with the City and that it was felt Council should state a policy on this matter rather than have it done administratively. C. C. 8-10-59 Page Twenty -Nine • n CITY MANAGER REPORTS - continued Use of Minor Offenders - continued: The City Attorney indicated that the City assumes no responsibility on behalf of these juveniles. The members of Council indicated in dis- cussion that they felt these juveniles were not hardened criminals and that they might be helped a great deal, rather than be sent to Juvenile Hall. The Judges should certainly use a great deal of discre- tion in sending these young people to work with the City. The con- sensus was that..this probably would do more good than harm and since the City assumed -no responsibility it possibly would be a good thing to try for a period of time. Motion by Councilman Mottinger, seconded by Councilman Barnes and carried that the City Manager be directed to work out this matter with the Judges and City Attorney. AUTHORIZATION TO DEPOSIT Motion by Councilman Heath, seconded $50,000.00 AS PER AGREEMENT by Councilman Barnes, that the NO. 21853 Finance Officer be authorized to (Vincent Avenue Bridge) draw a warrant for $50,000.00 and APPROVED deposit.it with the County of Los Angeles as per agreement No.21853. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None AUTHORIZATION OF ADDITIONAL Motion by Councilman Heath, seconded SALARY TO MR. TOM DOSH AS by Councilman Pittenger, that Mr. Tom ASSISTANT PUBLIC SERVICES Dosh be paid .the sum of $75.00 extra DIRECTOR per month for serving in the capacity APPROVED of Assistant Public Services Director, commencing August 1, 1959. Motion approved on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None AUTHORIZATION OF ADDITIONAL SALARY TO CLEO BOSCHOFF APPROVED Motion passed on roll call Ayes: Councilmen Heath, Noes: None Absent: None Authorized by budget. Motion by Councilman Pittenger, seconded by Councilman Heath, that Cleo Boschoff be given the salary of $75.00 additional per month, as authorized in the budget, effective August 1, 1959. as follows: Pittenger, Mottinger, Barnes, Mayor Brown • #a C. C. 8-10-58 CITY MANAGER REPORTS - continued Page Thirty RESOLUTION NO. 1647 The City Manager presented and read: Amending Resolution No.1277 "A RESOLUTION OF THE CITY COUNCIL OF by adding a certain new THE CITY OF WEST COVINA AMENDING position RESOLUTION NO. 1277 BY ADDING A CERTAIN ADOPTED NEW POSITION". (Deputy City Treasurer) Motion by Councilman'Heath, seconded by Councilman Mottinger, that said Resolution be adopted. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent; None Said Resolution was :given No. 1647. RESOLUTION NO. 1648 The City Manager presented and read: Amending Resolution No.1277 "A RESOLUTION OF THE CITY COUNCIL OF by adding certain class THE CITY OF WEST COVINA AMENDING specifications RESOLUTION NO. 1277 BY ADDING CERTAIN ADOPTED G+aJ U� CLA�PEC,1[FICATIONS" 3Y o �� Moti n by�cdn Pitte�, deolman Heath, that said Resolution be adopted. Motion passed.on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None Said Resolution was given No. 1648. REMODELING OF FINANCE Motion by Councilman Pittenger, DEPARTMENT, CITY CLERK'S seconded by Councilman Mottinger and OFFICE AND OLD FIRE..STATION carried that authorization be given to APPROVED proceed with the remodeling, as out- lined, of Finance Department, City Clerk's Office and Old Fire Station, for which money has been budgeted. BASIC FRANCHISE ORDINANC$ Motion by Councilman Barnes, seconded by Councilman Pittenger and carried that the City Attorney be requested, to draw up a Basic Franchise Ordinance. C. C. .8-10-59 Page Thirty -One CITY MANAGER REPORTS - continued SUBGRADE - SPECIFICATIONS Mr.' Dosh has prepared a report on this FOR INSTALLATIONS OF SUB- and presented it to Council. This 'SURFACE UTILITIES matter was discussed staff -wise and the public works department felt it should be reviewed by Council and the matter tabled for the present. REQUEST FROM UNIVERSITY The City Manager indicated this was an OF CALIFORNIA RELATIVE TO exchange student who will work with STUDENT FROM PAKISTAN the City in relation to the study of WORKING WITH THE CITY government. It would entail no cost APPROVED to the City and he would start in: - December and be with the City for about five or six weeks. There was some problem of suitable facilities and it was felt that he could possibly use the spare bunk at the Fire Station where he would be in close proximity to study City facilities and become acquainted with City personnel. Motion by Councilman Pittenger, seconded by Councilman Barnes and . carried that this matter should be permitted to proceed as indicated. CONTINUED EMPLOYMENT OF CAPTAIN GUERIN FOR ONE YEAR AFTER RETIREMENT APPROVED Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that permission be granted for Fire Captain Guerin to continue employment with the City for one year after his normal retirement date, with the stipulation that he provide his own medical check-up each year and subject to the approval of the Fire Chief. ACCEPTANCE OF THE RETIRE- MENT OF IRA SCHAEFFER (August 15, 1959) APPROVED RADAR STUDY OF SPEED LIMIT ON LARK ELLEN AVENUE FROM GREENV I LLE DRIVE NORTH TO GARVEY'BOULEVARD CITY ATTORNEY INSTRUCTED TO DRAW ORDINANCE CHANGING SPEED LIMIT (TO 35 M.P.H.) Motion by Councilman Heath, seconded by Councilman Mottinger and carried that Council accept the retirement of Ira Schaeffer as of the date of August 15, 1959. The City Manager stated that this street has a speed limit of 25 h.p..h. but that a recent radar check indicated that at Greenville Drive the speed limit was averaging 34 m..'p.h.; north of Cameron Avenue was 39.5 m.p.h.; at Stuart . Avenue it was 35.0 m.p.h.; and south of Garvey was 35.6 m.p.h.. a • C. Co 8-10-59 Page Thirty -Two CITY MANAGER REPORTS - continued Lark Ellen Avenue Speed Limit - continued: Motion by Councilman Barnes, seconded by Councilman Mottinger and _. carried that the City Attorney be instructed to draw up an Ordinance relative to the speed limit on Lark Ellen Avenue (to 35 m.p.h.) CITY MANAGER'S VACATION IN PART APPROVED for the City Manager to take 17, 18 and 19, 1.959. August 17, 18, and 19, 1959 Motion by Councilman Pittenger, seconded by Councilman Barnes and carried that authorization be given three days (of his vacation) on August SALE OF OLD POLICE The City Clerk indicated that this BUILDING building.had been readvertised and there had been two offers at $12,000.00 and $13,500.00. However, there was a request for the building to be leased for 16 months, for use as head- quarters of the Democratic Party. Mr. T. Slauson stated they wanted to lease for the remainder of this year and for the year 1960 and this would be the Democratic Headquarters for this whole district. In discussion it was indicated that Council would only desire to rent this on a month to month basis so as not to block any sale that might be forthcoming. It was consensus that the party offering the $1.3,500.00 be spoken to in regard to said offer and also possibly to readvertise for bids on this building again, in the light of the possibility of obtaining a higher bid. "CITY ATTORNEY ORDINANCES INTRODUCTION An Ordinance rezoning certain property at 1018 S. Glendora Avenue The City Attorney presented: "AN'ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REZONING . CERTAIN PROPERTY LOCATED AT 1018 SOUTH GLENDORA AVENUE BETWEEN VINE AVENUE AND WESCOVE PLACE'. (Deon M. Carrico) Mayor Brown-, Hearing no objections, we will waive further reading of the body of the Ordinance. • Cu Co 8-10-59 ORDINANCES - continued Page Thirty -Three Motion by Councilman Heath, seconded by Councilman Mottinger and .. carried that said Ordinance be introduced and given its first reading. INTRODUCTION An Ordinance requiring Persons convicted of felony to register in the office of the Chief of Police Mayor Brown-. The City Attorney presented;. ''AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUIRING PERSONS CONVICTED OF A FELONY WHO HAVE COME INTO OR SHALL BE WITHIN THE CITY OF WEST COVINA TO REGISTER IN THE OFFICE OF THE CHIEF OF POLICE OF SAID CITY Hearing no objections, we will waive further reading of the body of the Ordinance. Motion by Councilman Barnes, seconded by Councilman Mottinger and carried that said Ordinance be introduced and given its first reading. URGENCY ORDINANCE NO, 633 Amending provisions of Ordinance No. 103 relating to the erection of traffic control devices and declar- ing the same to be urgently needed ADOPTED The City Attorney presented and read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING PROVISIONS OF ORDINANCE NO. 103 RELATING TO THE ERECTION OF TRAFFIC CONTROL DEVICES AND DECLARING THE SAME TO BE URGENTLY NEEDED FOR THE PUBLIC PEACE, HEALTH AND SAFETY", Motion by Councilman Mottinger, seconded by Councilman Barnes, that said Ordinance be adopted. Motion passed on roll call as.followso Ayes-. Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes; None Absent; None Said Ordinance was given No. 633. RESOLUTIONS RESOLUTION NO; 1649 Granting access rights from Lot 40, Tract No. 20663 to Citrus:Street 14 ADOPTED The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING A PERMIT FOR DRIVEWAY ACCESS TO CITRUS AVENUE". 7. C. C. 8-10-59 Page Thirty -Four RESOLUTION NO, 1649 - continued Mayor Brown:. Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Barnes, seconded by Councilman Pittenger, that said Resolution be adopted. Motion passed on roll call as follows:. .Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None Said Resolution was given No. 1649. RESOLUTION NO, 1650 Withdrawal of certain portions within the City from County Fire Protection District ADOPTED Mayor Brown: The City Attorney presented. - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA_DESCRIBING CERTAIN PORTIONS OF THE CONSOLIDATED COUNTY FIRE PROTECTION DISTRICT WHICH HAVE BEEN INCLUDED WITHIN THE CITY OF. WEST COVINA AND DECLARING THE SAME WITHDRAWN FROM SAID DISTRICT". Hearing no objections, we will waive further reading of the body of the Resolution. Motion by Councilman Pittenger, seconded by Councilman Heath, that said Resolution be adopted. Motion passed on roll call as follows: Ayes; Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None Said Resolution was given No. 1650. HOLDING OF MEETING AT REGULAR MEETING DATE OF AUGUST 24, 1959 TO INTRO- DUCE TAX ORDINANCE • Because of absence of Councilmen due to vacations, it was indicated that this matter be taken up at the regular meeting August 24th, due to its urgency, and then the regular meeting to be adjourned until date of August 31, 1959 for adoption of this Ordinance. • • C — C. 8-10-59 Page Thirty -Five PUBLIC NOTICE OF PUBLIC. HEARINGS SET FOR AUGUST 24TH MEETING TO BE RESET FOR AUGUST 31ST APPROVED Motion by Councilan Pittenger, seconded by Councilman Barnes and carried -that the City Clerk be authorized to post public notices that no public hearings will be held on the night of.August 24, 1959, and that they will be reset for hearing on the night.of August 31, 1959. Mayor Brown requested that hearing on Precise.Plan 162,,Amended., (M. Kandel) and Precise Plan 190 (San Gabriel Valley Cleaners) be held together with their Zone Ganges on August 31, 1959. Mr. Heath requested that hearing on Precise Plan 126,.Amended (L. S. Pynoos) be held on August 31, 1959. COMMUNICATION FROM Relative to indications on the matter MR. HASTINGS, ATTORNEY of placing of marble game of chance AT LAW in bowling alleys in the City. Mr..Aiassa indicated he had not seen this communication and it was consensus this be held over pending study, of the matter by Mr. Aiassa. CITY CLERK UNITED NATIONS DAY CHAIRMAN City Clerk appointed REMINDER 1960 CENSUS HOUSING JOINT POWERS AGREEMENT AREA "D" CIVIL DEFENSE APPROVED October 14, 1959 It was consensus that Mr. Flotten be appointed as Chairman of the United Nations Day. CivilDefenseCommittee of Los Angeles City Council hearing on August 19 and 20, 19 59 . $3,000.00 to City approved in budget. Motion by Councilman Mottinger, seconded by Councilman Heath, that the Mayor and the City Clerk be, authorizedto Sign the Joint Powers Agreement for Area "D" Civil Defense in the amount of $1,078.15. Motion passed on roll call as follows: Ayes: Councilmen Heath, Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None C. C. 8-10-59 Page Thirty -Six CITY CLERK -.continued Joint Powers Agreement - continued: It was consensus that since the County is going along with this, even though it is not ironing out all the problems relative to a completely satisfactory program, authorization should be given. CITY TREASURER'S REPORT Motion by Councilman Mottinger, seconded by Councilman Pittenger and carried that the City Treasurer's report for June, 1959, be accepted and filed for the record. COUNCIL COMMITTEE REPORTS Councilman Heath gave a report on the League of California Cities meeting and the points of discussion with regard to Mr. Bonelli's plan of Senate reapportionment. It was brought up to back this plan, but the State representative to the League indicated that if this is done • it may upset the water program that is now ready to go. Delay would not be detrimental since it could not be acted on until next year, 1960. It was indicated although League recommendation was for a reapportion- ment'that the League represented the north as well as the south, and under that.consideration there might be some sections that would be hurt by this and some that would not be hurt. The matter was finally tabled.and no action taken on it. However, the plan seems to be gain, ing momentum. Statements after the meeting indicated that if this were pushed perhaps there would then be enough strength gAindd.through it to push the water program anyway and that if you got this you could get the rest. Councilman Mottinger indicated his inclination was in support of this. matter although he realized that the League has a great deal more insight than the City would have or individuals would have but that he couldn't see why this might upset the water program. Mr. Williams stated that this matter as, presented by Mr. Bonelli made this strictly a north and south deal, Whereas the League's idea is that this does not have to be a north -south deal but that it is an urban and non -urban question. It might be agreed thisideais right but that the timing is not right and.that it should be made an urban and non -urban question when it is brought up. They feel it requires further study and,that the lines at the present time are not correctly drawn. 4 Mayor Brown stated he felt the timing was not good on this. 0 % It was felt possibly no action should be urged at this time. C. C. 8-10-59 Page Thirty -Seven The City Manager indicated that he felt Mr. Bonelli should be contacted by a member of Council. It was consensus it should be the Mayor, so that the information sent to Council is properly acknowledged in relation to the proposition of the Senate reapportionment. Councilman Heath questioned as to the matter of Citrus Avenue Bridge. Mr. Dosh indicated that the.City has not, as yet,received information back from the County on the item. Councilman Barnes indicated that a Personnel Board meeting had been held on August 4th and discussed the salary survey which was passed this - evening. REQUEST FOR "THEATER 6011 TO PRESENT PLAY IN EMPTY BUILDING IN EASTLAND FOR RAISING FUNDS FOR TEEN=KAN-TEEN APPROVED Application from Mrs. Baker. Presentation of the play "A View From the Bridge", September 23rd to October 3rd. Motion by Councilman Heath, seconded by Councilman Barnes and carried that this request be granted and that the license fee.be waived. REQUEST OF POST 241 OF Request to conduct a "Queen of Blue AMERICAN LEGION IN and Gold,,' - Contest" in West Covina. BALDWIN PARK This contest would select a queen to DENIED represent working girls and women. Funds for charity purposes by the American Legion Post 241 in the City of Baldwin Park would be raised by means of sale of tickets to the Coronation Dance. Mayor Brown was of the opinion that these things should stay within the various cities to raise their funds. Motion by Councilman Pittenger, seconded by Councilman Barnes that the request be denied. Mrs. Van Dame indicated that she felt that Mr. Gerschler should receive an increase in salary because of the wonderful work he is doing and that he has the whole of West Covina on his shoulders. Mayor Brown indicated that such a matter will come up in the salary survey as to whether proper ratings are being given by the City in relation to various positions. C.-C— 8-10-59 Page Thirty -Eight Mr. Aiassa indicated a report would be presented in relation to the Public Works Inspectors on August 31st. MAYOR BROWN'S LEAVE OF Mayor Brown: No action having been ABSENCE REQUEST taken by Council regarding my letter requesting a 60 day leave of absence when this was brought up earlier during this meeting, except that the suggestion was made that the request be taken up at a study session, I.wish to state for the record that the letter was submitted at the direction of my doctor; however, no study session is necessary nor is any action by Council necessary. The law states that a 60 day leave of absence is per- missable without Council approval and I will therefore be absent for that time. DEMANDS APPROVED Motion by Councilman Heath, seconded by Councilman Barnes that Demands in the amount of $135,817.22, as shown on Demand Sheets C-156, C-157 and C-158 be approved, this to include fund transfers in the amount of $50,361.11 and bank transfers in the amount of $568.75. Motion passed on roll call as -follows: Ayes: Councilmen Heath,. Pittenger, Mottinger, Barnes, Mayor Brown Noes: None Absent: None There being no further business, motion by Councilman Mottinger, seconded by Councilman Pittenger at 11:15 Pe M. that the meeting be adjourned. APPROVED BY CITY. COUNCIL. Date/ As. Submitted / With the following corrections: (/ Page 3 = The amount of the --bond should read $42,720.00.instead of,- $24,720.00, as shown. Page 9 - Mr. Milt Fishman of ABC Broadcasting Studios, instead.of Mr. Milt Freeman of NBC Broadcasting Studios, as shown. Page 30- Councilman Barnes requested the following should be inserted in the Minutes in relation to Resolution No. 1648: "Accountant - Range 38; Building Maintenance Supervisor - Range 341 Equipment Mechanic Helper -Range 32. Change salary of Traffic Engineer to Range 33. Salaries of the classifications in Section 1 and 2 are subject to any changes indicated,by the salary survey." Page 20- In the second paragraph of Councilman Mottinger's statement, fourth line, delete the word "of" in the words "of 'the variance"; delete the word "of" in the words "of the church use" and insert the word "for" so as to read "for. the church use"; insert the words "was granted" after the words "for the church use". The period should be deleted from the end of the word•"Ordinance" and a comma inserted - continuing the third paragraph as actually a part of the second paragraph. After the word "discussion" the word. "by" should be inserted and the following words should be :.enclosed in parenthesis (and.that was part of. the discussion by our Council), etc. Page 21 - In the second paragraph, line 2, of the continuation of - Councilman Mottinger's statement, insert the words "or not" after the word "whether"; delete the word "no"' before the word "audible" and delete the words "or not" after the word "opposition" which begins the third line in the statement.