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02-22-1971 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING --OP THE CITY COUNCIL CITY OF 'WEST COVINA, CALIFORNIA FEBRUARY 22, 1971. The regular meeting of the City Council was called to order at 7:33 P.M. in the West Covina Council Chambers by Mayor Ken Chappell. The Pledge of Allegiance was ledby Councilman Chester Shearer._. The invocation was given by Rabbi :El*isha. Nattiv of Temple Shalom. ROLL CALL Present: Mayor Chappell; Councilmen Shearer, Nichols, Young/ Lloyd Others Present: George Aiassa, City Manager H. R. Fast, Public Services Director George Wakefield, City Attorney Lela Preston, City Clerk George Zimmerman, City Engineer Richard Munsell, Planning Director Bert Yamasaki, Ass't. Planning Director Leonard Eliot, Controller Ross Nammar, Administrative Assistant Terry Brandt, Administrative Analyst APPROVAL OF MINUTES February 8, 1971 On motion made by Councilman Lloyd, seconded by Councilman Young and carried, minutes approved as submitted. AWARD OF' BIDS PROJECT NO. MP-69018-9 LOCATION: Galster Park Picnic area and IRRIGATION AT GALSTER interconnecting areas. PARK PICNIC AREA and (Council reviewed Engineer's report.) INTERCONNECTING AREAS The City Clerk stated a total of 6 on February 17, 1971 in the office reviewed and checked for errors an proposals: Superior Sprinkler, Covina O.K. Coyle, La Habra Superior Landscape, Anaheim Barnes Landscape, Camarillo Hydro -Dig, La Habra Ace Pipeline, Pomona bids were received at 10:00 A.M. of the City Clerk, and were determined to be valid bid $13,220.00 $13, 744.00 $18,424.00 821,885.00 $22,268.00 $22,500.00 Motion by Councilman Lloyd, seconded by Councilman Young, to accept the bid of Superior Sprinkler Company, Covina, California, as pre- sented at the bid opening on February 17, 1971, for MP 69018-9 in the amount of $13,220.00; and authorizing the Mayor and City Clerk to execute an agreement with said Superior Sprinkler Company for the work to be done. Motion carried on roll call vote as follows-: AYES: Councilmen Shearer, Nichols, Young, _Lloyd, Chappell NOES: None ABSENT: None PROJECT NO. SD-70005 LOCATION: Valinda Avenue, Service Avenue, STORM DRAIN to Walnut Creek Wash. VALINDA AVENUE (Council reviewed Engineer's report.) The City Clerk stated"a total of 18 bids were received in the office of the City Clerk at 10:00 A.M. on February 17, 1971, and all bids were reviewed and checked for errors and determined to be valid bid proposals: Vido SamaTzich Company, Arcadia $29,164.00 Urban Pacific, Long Beach $30,202.00 Steve Kral, Baldwin Park $32,921.00 Mike Masanovich, Arcadia $32,976.00 l Y Ll J CITY COUNCIL 2/22/71 AWARD OF BIDS: NO. SD-70005 K.E.C. Company, Hawaiian Gardens $.:Maletich, Canoga Park Sully -Miller, Long Beach Credence, Laguna Beach Aman Brothers; Covina G & G Engineering, Pomona Desatoff, Montebello Beecher, West Covina Br -age, Diamondkcienda r Mike D a,bovich, Heights City Construction, Covina Salata, Inc., Stanton G. W. Shore, Whittier Richard Holmes, Riverside Page Two $33, 19TA0 $33,370.00 $33, 504A0. $33, 585.00 $33,842.00 $34,055.00 $34, 332.00 $37,311.00 $37, 654.00 $371,939.00 $ 38, 779.00 $39, 539.00 $42,421.00 $44,699.00 Motion by Councilman Lloyd, seconded by Councilman Young, to authorize the transfer of $7500.00 from project SD-71008o and,in addition,to accept:', the bid. of Vido Samarzich Company of Arcadia as presented at the bid opening on February 17, 1971, in the amount of $29,164.00 for project SD--70005, and to authorize the Mayor and City Clerk to execute an agreement with the said Vido Samarzich Company for the work to be done. Mayor Chappell: Mr. Zimmerman have we checked this company out to the fact that they do reliable work and have done work of this type Abecause there is such a tremendous difference in the various bids? Mr. Zimmerman: Yes)this firm is a licensed contractor and they will purchase a bond to assure satisfactory work. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, .Chappell NOES: None ABSENT: None PUBLIC WORKS ITEMS PROJECT NO. SP-68017 LOCATION: Cameron Avenue from Hollenbeck AMAN BROS. Street to Citrus Street. Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, to accept street improvements andto auth°or:ize release of United States"Fidelity and Guaranty Company faithful performance bond No. 40-0120-2036-70 in the amount of $117,443.72,,subject to Notice of Completion procedure. RESOLUTION NO. 4304 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, APPROVING FINAL SUBDIVISION MAP, TRACT NO. 24006 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY BONDS TO SECURE THE SAME." (Umark, Inc., and Donald L. Bren Company.) Mayor Chappell: Hearing no objectionss waive further reading of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Lloyd, to, adopt said Resolution. Motion carried on roll.call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None - 2 - r1 ., CITY COUNCIL 2/22/71 Page Three PUBLIC WORKS: PCD #2 - WOODSIDE VILLAGE PLANNED COMMUNITY DEVELOPMENT LOCATION: Lark Ellen Avenue north - NO. 2 - WOODSIDE VILLAGE - erly of Amar Road, adjacent to UMARK, INC. Tract No. 24525 and Tract No. 24006. (Council reviewed Engineer's report.) Motion by Councilman Lloyd, seconded by Councilman Shearer, and carried, to accept bond and agreement in the amount of $30,000 �. for improvement of Lark Ellen Avenue. RESOLUTION NO. 4305 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A GRANT OF EASEMENT EXECUTED BY UMARK, INCORPORATEDIFOR PUBLIC STREET PURPOSES TO BE KNOWN AS LARK ELLEN AVENUE AND DIRECTING THE RECORDA- TION THEREOF." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Young, to adopt. said Resolution., Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None Councilman Lloyd: Mr. Mayor, a point of order.- Can we take the next resolutions all..together, Mr. City Attorney? Mr. Wakefield: Yes/they may all be taken together on a single roll call. PLANNED COMMUNITY DEVELOPMENT NO. 1 - ACCEPTANCE OF SANITARY SEWER & PUBLIC UTILITY EASEMENTS, QUITCLAIMING OF VOID SANITARY SEWER EASEMENT & RECORDATION OF IRREVOCABLE OFFERS OF DEDICATION WOODSIDE VILLAGE - UMARK, INC. and DONALD L. BREN COMPANY RESOLUTION NO. 4306 . ADOPTED OF EASEMENT FROM DONALD SANITARY SEWER PURPOSES Mayor Chappell: LOCATION: Parcel Map No. 1726 easterly of Azusa Avenue between Temple Avenue and Amar Road. (Council reviewed Engineer's report.) The City Clerk presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A GRANT L. BREN COMPANY, A CORPORATION, FOR AND DIRECTING THE RECORDATION THEREOF. Hearing no objections)•waive further reading of the body of said Resolution. RESOLUTION NO. 4307 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, AUTHORIZING THE EXECUTION OF A QUITCLAIM. DEED FOR A 91 SEWER EASEMENT. Mayor Chappell: Hearing no objections, waive further reading of the body of said Resolution. RESOLUTION NO. 4308 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A GRANT OF EASEMENT EXECUTED BY THE DONALD L. BREN COMPANY FOR SANITARY SEWER PURPOSES AND .DIRECTING THE RECORDATION THEREOF." - 3 - I CITY COUNCIL PUBLIC WORKS: Mayor Chappell: 2/22/71 RES. # 4308 Page Four Hearing no objections waive further reading of the body of said Resolution. RESOLUTION NO. 4309 The City Clerk presented: ADOPTED B°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITY PURPOSES FROM DONALD L. BREN COMPANY, A CORPORATION)AND DIRECTING THE RECORDATION THEREOF." Mayor Chappell: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Lloyd, to.a.dopt Resolutions 4306, 4307, 4308 and 4309, and seconded by Councilman Shearer. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None Motion by Councilman Shearer, seconded by Councilman Lloyd and carried,to_.direct. the City Clerk to cause recordation of irrevocable offer for street and highway purposes for Temple Avenue from Umark, Inc. Motion by Councilman Shearer, seconded by Councilman Lloyd, and carried, to direct the City Clerk to cause recordation of irrevocable offer for street and highway purposes for Temple Avenue from Donald L. Bren Company. POLICY ON CITY LIMITS LOCATION LOCATION: General. AT BOUNDARY WITH UNINCORPORAT- (Council reviewed Engineer's ED TERRITORY report.) Motion by Councilman Young, seconded by Councilman Lloyd, that the policy as recommended in staff report dated February 19, 1971 be adopted. Councilman Shearer: Mr. Mayor a comment. I was not convinced last time that this was a good idea and I am even less convinced now. I feel the three reasons given - with all due respect to those who signed the report - but this to me does not prove the point. The fact that the "County doesn't sweep streets frequently, the County area_ -is many times not developed, Police and Fire response time by County forces are many times slower than the City will provide" - I fail to see where these have anything to do with either full or half streets versus the County and the City.. I look at the County as I do another adjacent City and they have an obligation to furnish services such as street sweeping, fire response, etc, I fail to see where the citizens of West Covina should pay for a half a county street. I am opposed to the recommendation. Councilman Lloyd: Councilman ShearerjI may be wrong but I was under the impression that the reason this was being done was to take care of the • ,�rous situation involving an accident) wherein, say, a car was struck and moved fron one point to the other and in order to facilitate the legalities, the solutions to the problems presented, that was the reason - so the whole street was in the City of West Covina. I am not doubting your expertise in the area of having covered the County but it seemed to me there was a logic in this,and I was prepared therefore to go forth with the recommendation of staff. Would you care to comment on that? Councilman Shearer: l don't see any difference if there is an accident and it is on the boundary adjacent 4 - CITY COUNCIL 2/22/71 Page Five PUBLIC WORKS: POLICY ON CITY LIMITS LOCATION RE. UNINCORPORATED AREAS to the vicinity of West Covina and they shove it across - you still have that problem. You will have that problem with this policy, perhaps not as much as you would without it. I think there are other disadvantages, that we will be potentially taking on obligations that we really don't have a right to. Some people will say this will make the City more attractive and encourage annexations and I think just the opposite is true. If I am getting my street swept for nothing,why would I annex to the City so I can pay taxes to pay for this thing I am now getting free? Councilman Lloyd: Another thing that comes into play here, whether or not the City of Covina has been wildly enthused about joining us for anything, the fact remains that their street and police facilities in my opinion, just as our own, are frankly better than the County. I don't think the County meets the same criteria or same standards) and I think that is what we are trying to do, is provide these services. I really think this would facilitate it. Mr. Aiassa) would you have someone in staff comment? Mr. Aiassa: I will. For thirteen years we have had nothing but chaos and confusion because) throughout the City whenever we have street involvements, we have some taken to the center line and some taken to the property line. Now we are trying to establish uniformity so)throughout the boundary of the city limitsiwe will at least know whose jurisdiction is whose. Right now, as an example, on Barranca Street next to Eastland, this belongs to Covina and they disturbed the islands and the landscaping and the circulation of traffic/ and we have no jurisdiction. If we had 50/ of the street in our jurisdiction - which we should have had - we definitely would have put our finger on the traffic pattern,instead of allowing them to set the pattern because they have the maximum jurisdiction. In the County area this policy would establish the tie points that go into all the corners of the street. If you have only half a street you are going to,/be tying to where? Another important point is) we do have utility controls? In the adjoining cities) most of the cities have their maps as complete as oursi but not the County areas. I also feel if we have the whole street -then in an annexation from the County many times we can ask the County Road Commissioner to improve the --road before we annex it. Councilman Young: I think Councilman Shearer raises some very valid points. What is the prospect of County participation in a desired improve- ment?: And is this generally the desire of the County to have its territory gobbled up by the city adjacent to that territory? Mr. Aiassa: The County has been more than cooperative in putting in these types of improvements. Valihda.'.Avenue extension from Amar Road to Maplegrove was a County project and they did it before we annexed it, We also had certain other streets improved by the County before taking into City jurisdiction. Also there is the problem of street names." If the County has a half a street and we have a half street we have different street signs., Councilman Young: Of courselthis motion does not change any existing boundaries, it just goes to future annexations where they are contiguous? Mr. Aiassa: Yes, this is not retroactive., Councilman Young: As a matter of course) we would annex to the street" and now you are suggesting we annex across the street and you are suggesting prior to.such an annexation we could request and probably gain the 5 - CITY COUNCIL 2/22/71 Page Six PUBLIC WORKS: POLICY ON CITY LIMITS LOCATION RE. UNINCORPORATED AREA County improvements before we annex, and are you also telling us the County generally takes a favorable attitude towards annexa- tion? Mr. Aiassa: We have had no problems in annexing. and if the • County retains half of the street and the'City half of the street then they can just as well tell us they are not interested in improving, but if you are going to take it off their maintenance list and then absorb it, I think this is the inducement we have to convince County that the road should be up to our standards. Councilman Shearer: Another question. Aren't fire hydrants normally located within the street right-of- way? (Answer: Yes) Who pays for the rent on the fire hydrant in the County area if located in City right -of way? Mr. Aiassa: I don't think you will have very many hydrants involved, probably not more than three or four in any County annexation. When five annexed the Valinda area there were no hydrants involved. Councilman Nichols: Mr. Aiassa, wouldn't it be correct that the numbering designations on the streets would still be county -designated numbers.because they would serve a portion of the adjacent property in the County? So,even though the signs were in the Citylthey would carry the County numbering designation? Mr. Aiassa: Yes, but at least we would be maintaining it. Councilman. -Nichols: Like Councilmen Young, I think there are pros and cons"in the matter. Councilman Shearer brought up some of the detrimental aspects. I think,weighing everything in balance,I would tend to go along with the recommendation. Perhaps we might be able to put signs up on our half of the street telling the County their half is swept by the City of West Covina. Mayor Chappell: Is there any further discussion? If not, we do have a motion on the floor. Motion carried_, Councilman Shearer voting Hno" MUNICIPAL SWIMMING Councilman Young: A question. Is this a POOL SOMBRA budgeted item in the current budget? (Answer: Yes.) I was a little confused by the material on it. I seemed to recall some discussion on'it in the past. Mr. Aiassa: When we built the swimming pool we didn't have sufficient funds for the sombra,,but we wanted to put it in some time. in the future, •and last year we put in the footings and this year we would like to build the shelter. Motion by Councilman Young, seconded by Councilman Shearer, to approve the plans and specifications and to authorize the staff to call for bids for the construction of the sombra structure at the West Covina Municipal pool. Councilman Nichols: It was my recollection when we discussed the sum involved it was to be an inhouse project. 6 - CITY COUNCIL 2/22/71 Page Seven PUBLIC WKS: Swimming Pool Sombra Mr. Aiassa: It is partly an inhouse,project but) in figuring out the cost we were~: over the dollar amount legally allowed for a complete inhouse project. Soy we have to go out on bide Councilman Lloyd: Mr. Mayor, I am carrying that one step further. I was under the impression that we could go ahead inhouse, as a matter of fact�Mr. Aiassalyou briefed us on the way we would do that. I don't see why we can't. I don't see any reason for going ahead and spending any monies on it at this point for several reasons, not the least of which is that it does not hamper the use of the pool. It makes it more acceptable and more meaningful,.but it certainly doesn't hamper it. I am wondering if it wouldn't be advisable for this body to say let's go a little slower and save a little money on it. Would some of the other councilmen comment on that? Councilman Shearer: I don't see how we could save any money until we put it out for bid and find out what the contractor is going to agree to. On the advice of the City Attorney we can't do it inhouse because of some State law setting the. amount of funds that can be used on an inhouse project. Is this correct, Mr. Wakefield? Mr.. Wakefield: Yesp the law requires if the estimated cost of the construction project exceeds $3500.00� it must be done on the basis of advertising and competitive bidding prior to the award of the contract. Councilman Shearer: Sol we are not faced saving money or not, to bids we don't do item and we discussed it last April and the Money is available in the amount of $6584, higher that's the time to decide whether we We may come in with a bid of $4500. Motion carried. with a situation of because if we don't go it. It is a budgeted decision was to go ahead. and if the bid comes in want to go ahead or not. ESTABLISHMENT OF PRECISE Motion by Councilman Shearer, seconded by LOCATION OF WEST COVINA Councilman Lloyd, -to approve issuance of a PARKWAY BETWEEN BARRANCA purchase order for surveying West Covina AVENUE AND GRAND AVENUE Parkway between Barranca Street and Grand Avenue to Walsh-Forkert Civil Engineers, Inc. Councilman Nichols. The report falls mildly short of what I had in mind, but seems to meet my minimum expectations so I won't make any further fuss about this at this time. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT. None PUBLIC HEARINGS ZONE CHANGE NO. 449 LOCATION: South side of Garvey Avenue, PRECISE PLAN NO. 606 approximately 2501 east of Azusa Avenue, at TED BLOCK 1840 E. Garvey Avenue. REQUEST: Approval of a change of zone from N-C to S-C and approval of a precise plan of design for an auto dealership on property presently developed with a vacant auto - 7 - CITY COUNCIL 2/22/71 Page Eight PUBLIC HEARINGS-. ZC #449 & PP #606 diagnostic center. Recommended by Planning Commission Resolutions Nos. 2313 and 2314. Mr. Munsell, Planning Director, summarized Planning Commission Resolution 2313 recommending approval of zone change. Slides shown and explained. Further summarizing Precise Plan Resolution 2314 reading staff conditions, Engineering requirements and Fire Department conditions. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE #449 AND PRECISE PLAN #606. IN FAVOR Ted Block Mr. Mayor and members of the Council about 21121 Cloverland the only thing I can add to the presentation Covina is the fact that the property in question will become a modern professionally maintained building, something that will lend credence to the City. In the past it has been used as a diagnostic center) with the use of heavy equipment. It is.not our desire to maintain it as a diagnostic center or maintain any heavy equipment there, priImarily referring to dyna-monitors. Other than thaty the facilities will be used for the maintenance of new automobiles,with a very limited consideration given to the sale of used automobiles. That is all I would have to say about it. THERE BEING NO FURTHER PUBLIC TF,,STT-K0NY, ,PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Shearer-. Mr. Mayor, I will make mire brief. I am in favor of it. CouncilmanLloyd; Me too! Councilman Young-. I will join the two Councilmen. I think this ..is a gold facility. 3t is' not"going to' interfere with'.&hything around -it _�nd)at this pointjshould enhance some of our problems, I hope, all success to Mr. Block, perhaps we can get some tax money off of it. Mayor Chappell-. I think that is the consensus of the Counc.il� Mr. Block, that we certainly welcome you and your organization into our City and look forward to a pleasant business relationship with you and your organization. Motion by Councilman Shearer, seconded by Councilman Lloyd, and carried, that Zone Change No. 449 and Precise Plan No. 606 be approved. UNCLASSIFIED USE PERMIT LOCATION-. North side of Merced Avenue NO. 166 VARIANCE NO. 656 approximately 1501 westerly of Glendora LA PUENTE CONGREGATION OF Avenue. JEHOVAH°S WITNESSES REQUEST-. Approval of an Unclassified Use Permit to allow construction of a building to be used for religious activities in the O-P Zone, • and approval of.a Variance to reduce the required minimum site size for a church from 2 acres to 0.5 acres. Denied by Planning Commission Resolutions NOS. 2308 and 2307. Mr. Munsell, Planning ,Director, summarized Resolution No. 230%, recommending denial of the Unclassified Use Permit No, 166. Slides shown and explained. Resolution No. 2307 summarized referring to Variance application No. 656; slides shown and explained. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON UNCLASSIFIED USE PERMIT No. 166 AND VARIANCE NO. 656.= CITY COUNCIL 2/22/71 Page Nine PUBLIC —HEARINGS: UUP #166 & V #656 Mayor Chappell: I might state at this time that we have had a tremendous amount of letters regarding this matter. Council has read them and will keep them in mind in considering this issue. IN FAVOR Bill Ross (Sworn in by City Clerk) 1241 Robindale St., Our congregation is requesting this Variance West Covina and Unclassified Use Permit to construct a building at this particular site in order to have a place to worship. Whereas it is true that this lot is only slightly over a half an acre,I would like to mention the fact that the organization°s policy is not :to -Save a larger congregation than 150 to 175 members. We feel that this limitation made does permit�in fact,a reasonable exception in circumstances in order to allow for the reduction of a 2 acre site size that normally would be required by the City for a church building. In the eastern San Gabriol Valley there are more than twenty-five congregations of 'Jehovah°s Witnesses and everyone meets in a building comparable in size to the one we are contemplating. The majority have lots smaller than what we have chosen. So)quite evidently)it has been recognized by the cities around us that there are exceptional circumstances with regards to Jehovah°s Witnesses and we hope Council will recognize this in deciding our requests. At the present time. we are only 125 members, and even.at this time we are discussing plans to form a new congre- gation. We have presented our plans to the City Planning Commission and the Department report stated-tliat we met and exceeded all of the standards relative to parking and seating required by the City. The area is a mixture of residential, medium residential, and commercial) and we feel a building for religious purposes will fit in with the area and be compatible. This type of activity will not be detrimental to any individual or any business and, if anything) will make the area more attractive.''Our intention is to have'a meeting place for our members in the community. I might mention after the notice appeared in the papers, that we were denied the request by the Commission for this Variance change] we received a number of phone calls by many different individuals .in the community wondering why we were not able to have such a Variance. We hope the City Council will consider this too, that there are many individuals that are residents and taxpayers in the City of West Covina that are very much interested in having us erect a meeting place in the community. In view of these reasons mentioned we request this Variance and Unclassified Use Permit/ and hope the City Council will grant it to us. Thank you. (Councilman Lloyd requested of the Mayor if there might be a show of hands of those in the audience interested in this matter. Council Chamber: -was --filled to an overflowing capacity;_ a-*ajori-ty`of hands went up.) James Orbaugh - .(Sworn in by City Clerk) 1235 South California We feel this Variance should be granted,.due • West Covina to the same policy of our organization to seek an additional facility when our congre- gation reaches from 1.50 to 175 membership. If I could have the lights lowered I have five slides I would like shown, wherein organizations are acting favorably and lending themselves well to the benefit of the community. (Slides shown, denominations men- tioned,along with the location and size of lot' alT bdin-6, uhder a half acre or a half acre in size A We feel the 2 acre require- ment is unfair and financially burdensome to a group that is small and designed to stay small;in any one location. Speaking as a taxpayer and for many other taxpayers in the City of West Covina, we question the reason why - 9 CITY COUNCIL 2/22/71 Page Ten PUBLIC HEARINGS: UUP' #166`,& V ##656 our taxes pay for the planning staff to investigates analyze and make an investigation on a request for an unclassified use permit and a variance only to have our favorable recommendation so grossly ignored by the Planning Commission. Alsodthe one-half acre site would be more economical taxwise as opposed to a 2 acre plot taxwise to the City. We respectfully submit these points to you for your consideration. Thank youo Jarvis Long (Sworn in by the City Clerk) 1134 South Shadydale I would like to comment on the opponents West Covina claim that a church doesn't fit in the area inasmuch as the locale is zoned for O-P. It has been brought to your attention our buildings are not the usual church construction but rather designed to blend in the areajand the area also is one mixed with churches, buildings, club buildings, service stations and medium residential. It is an area of a variety of buildings soy in fact, in addition to the O-P there is a tree farm just west of the Elks Lodge. We contend our building does not indicate a departure from what is already in the area. The Planning staff made a report on our proposed project and.,xecommended approval and gave us several reasons, one which we feel is very significant and apparently overlooked by the Planning Commission, in their comment if there is sufficient parking and good access churches will be compatible with the surrounding development. We have complied with parking, access and other requirements. We do not feel._there is validity to the claim that we would be detrimental to the public welfare and injurious to the properties in the vicinity. We have met the Department standards set by the City,as acknowledged by the planning staff. I would like to make a request that the City Council please consider these points in regards to our request for a Variance and an Unclassified Use Permit. I have been in West Covina as a taxpayer for 12 years and have had to go to another town to worship at the church of my choice. My family and I would like to see Jehovah°s Witnesses have the right to build on Merced on the .lot in question. Thank you. IN OPPOSITION Don Huff (Sworn in by the City Clerk) Exalted Ruler Mayor Chappell and Councilmen, we have Elks Lodge 1996 represented our Lodge before the planning 841. W. Merced Avenue hearing the latter part of January r and at West Covina this time I will introduce a Past Exalted Ruler - William Tanking. Mr. Tanking will be our official spokesman of our Lodge this evening. W. T. Tanking (Sworn. in by the City Clerk) 1538 East Cameron Tonight we may appear to be in the minority ' — West Covina however, had I asked 1200 Elk�_to be in the room it would have been a little bit too adequate. As Elks, the 1200 of us are not against churches in the least. Most of us belong to churches and one of the prime things we have to indicate when we become Elks is that we do believe in God, so it isn't that matter.jbut a matter of that in the beginning we found a location that we thought was adequate for our type of activity and then began to work with the City as to whether it was rightjand since then with the guidelines setting it so it would be right. So -it isn't our contention that this church is incorrect, • it is our contention.that the church is - n an incorrect location. An Elks Lodge, a filling station and a liquor store - it just seems to me as though it is possibly wrong, but I will not bass my own theory or the theory of our membership on saying it is wrong, but on facto First, had the church been. on the location they are asking for now we, the Elks Club and the liquor store, could not have been there, because this is not allowed by the State Board of Equalizationo So if this is the case that the Elks: Club and the liquor store couldn't be there) then it would seem to me that the church couldn't be there. ® 10 - CITY COUNCIL 2/22/71 Page Eleven PUBLIC HEARINGS: UUP ##166 & V #656 Let's get to the point of the Unclassified Use Permit matter. The City of West Covina in their laws indicate certain points: A m the proposed use is both desirable and necessary at the proposed location. In our letter to the Planning Commission we indicated under A. that the proposed use is not desirable or necessary at the proposed location for our betterment or the good of the immediate area. B - that the proposed use will not adversely affect the surrounding neighbors. Our answer: the proposed use will adversely affect the operation of our Lodge and place our licenses and permits in jeopardy. To clarify this, any reconstruction of our buildin.gyand it is always anticipated we will expand, would be subject to,the consideration of the State Board of Equalization and other people in the neighborhood. So at the time when we would want to reconstruct for furtherance of our buildingjor furtherance of our license opportunitiesjthere would be the matter of churches or schools in the consideration of that request. I bring that out under point B and our answer that it would affect and possibly cause jeopardy. C - that the site is of adequate size and the development would conform to all city ordinances and standards. Our answer: the proposed site is not of adequate size and will be even smaller when the area -;-.for half of Wescove Place is removed from the north end. We are talking of a piece of property 2601 in depth and 1001 wide. When 301 is given to Wescove Place/you have a 1001 width and 2301 depth. That is the facts having to do with the size of the lot. However, when we consider the City of West Covina has established a law saying the church must have two acres of propertyland then we say there is a possibility of a church being built on what is 23,000 square feet actually which is slightly over a half acre, I. believe that the situation is too far inadequate for consideration as against the law set having to do with two acres for a church. D ® that adjacent streets are adequate in size for the traffic that will be generated by the proposed use. Our answer: The E1*8 have no objection. E - that the proposed uses will not adversely affect the General Plano Our answer: the proposed use will adversely affect the General Plan in that it is not conducive to the highest and best use of the property as provided in the plan. And1going further in that, we have worked with the City of West Covina both on the General Plan itself and the new South Glendora ,Plan and we have worked on the arrangements of Wescove Street behind and the ;apartments in trying to be cooperative in all areas of the General Plano That covers the Unclassified Use Permit No. 166 and the city°s regulations, and our answers. Now in the Variance matter #6.56, the City of West Covina indicates point A. that there are exceptional hardships on this property due to exceptional size, shapes or topography of the property that do not generally apply to other property in this general area. Our answer: there are no exceptional hardships on this property for proper development in accordance with the General Plan being office -professional type development. B - that the Variance is necessary for the preservation and enjoyment of a substantial right possessed by other property in the same vicinity and zone but which is denied to the property in question. Our answer: the Variance is not necessary for the preservation and enjoyment of a substantial property rights, since there are no other Variances in the immediate area and all development in the area has been stfictly in accordance with the General Plano C - that the Variance would not be detrimental to the public welfare or injurious to the neighboring property. Our answer: the Variance will be detrimental and injurious to our property in that it will affect our progressive operation and is likely to depreciate our property value] and this could result in loss of revenue to the City of West Covina. This may I clarify? We have 1200 members, we are always in progress. This year the City of West Covina will enjoy at least, and I say this in a minimal, of a sales tax revenue opportunity of one -quarter million dollars. We are expanding and working upwards at all times. We are working 11 CITY COUNCIL 2/22/71 Page Twelve PUBLIC HEARINGS: UUP #166 & V #656 in all areas having to do with whatever is beneficial, to the City in youth work, youth benefits and in the compensating factors that have to do with welfare and charity, at all times. If we should wish to submit to the State .Board of Equalization for further licensing, such as an open license opportunity where the public could enjoy the facilities for lunches, dinners or whatever conviviality they so desire, we would be very limited in our submittal for further licensing should we be in proximity to schools and churchesjbecause had that been there we couldn't. D m that the variance will not adversely affect the General Plano Our answer., We believe the Variance would adversely affect the proper development of the General Plan in that it would discourage the desired development in accordance with the General Plano Gentlemen, it is with mixed emotions that the Elks object to a, church at any level because.,as I indicated to you earlier we are believers in this type of thing. We are for this type of thing. It is only our contention we were first. We .started in 1956 and started on this land in 1958 and we are doing a good job with it for the City, trouble freer and we would like to cons-ider that possibly somehow or other this land that was selected is the wrong location for the right thing. Thank you very kindly® Ira Stone (Sworn in by the City Clerk) West Covina I own and operate the liquor store exactly 381 from the proposed church site. I feel that this would be very detrimental to me in the event I would decide to sell my business because it would definitely lower the value of my business. I feel between an Elks Club and a lr quoz store i,s.' de-f'initely not a place for the church. I have nothing against their. type of religioni..but I just don't feel that the back door of a liquor store is any place to build any type of a church. Thank you. f REBUTTAL (Sworn in by City Clerk) James Andrich Mr Mayor and City Councilmenol would like 1202 E. Herring Avenue to comment on the opponents1claim that the West Covina construction of the Kingdom Hall would adversely affect the comprehensive General .Plan of the City. Eirstyl would like to bring to the Council°s attention that the report of the planning staff states that the granting of a variance would not adversely affect the General Plano We feel the staff has been employed by the City to give objective and unbiased reports, Their report concurs with our claim that,by meeting the City°s development standards and exceeding them in certain mattersdwe would not adversely affect. the General Plan of the community. We cannot understand why the Planning Commission completely disregarded the planning staff°s report. The complete project would enhance the area because the architecture would be compatible with the existing structures. Furthermore/ our construction area would have a good amount of landscaping, in fact more than the minimum required by the City. We agree with the planning staff°s report that the project of building a New Kingdom Hall would renovate the vacant lot and will increase the community's stock of well-landscaped)high standard . developments. We feel the evidence and reports of our .intended construction were not looked at objectively by the Planning Commissionsand we therefore request the City Council to consider the mentioned points in considering our request for a Variance and Unclassified Use Permit for the building of a, place of worship for Jehovah°s Witnesses, in the City of West Covina® Thank you° Ronald Horn (Sworn in by City Clerk) 719 South Gaybar Avenue I would like to comment on why the West Covina proposed building - Jehovah°s Witnesses' Kingdom Hall would not be 12 CITY COUNCIL 2/22/71 Page Thirteen PUBLIC HEARINGS: UUP #166 & V #656 detrimental to the community. I feel the Kingdom Hall that we propose to build just off Merced Avenue, between Merced and Wescove Place, would be an asset to West Covina. The design of, the building would be'in accord with the surrounding businesses, including the professional, residential and Lodge buildings in the area. As you have previously seen from the slides of the surrounding area, Kingdom Hall looks more like a professional office building rather than a church, due to the absence of a steeple or Cross as most churches have. I have been a taxpayer resident homeowner in the City of West Covina for 12 yearsi,and I find that 40% of our present congregation m which have to meet in LaPuente9 actually live in West Covina. We also would be a material benefit to West Covina rather than a detrimental aspect, because the local businesses would derive more income from us and also this would help the City. Our traffic problems would be practically nonexistent with the use of Wescove and Merced. We never all active at one time or depart en ma,sse. Also, 28/ ofthe total congregation are the ones that drive the automobiles, the heads of the family. Whereas)in comparisonyto the 1200 adult members that drive cars at the adjoining Elks, Lodge. Andras you know/ our parking f acilitiesaie in alignment with the city ordinances and were passed by your planning staff. So I therefore urge the City Council to reverse this decision of the Planning Commission and recommend that a Variance be approved. Thank you. Richard Ferris (Sworn in by City Clerk) 1420 W. Durness Street Mr. Mayor and members of the City Council, West Covina I would like to answer the opponents' contention that the granting of a Variance would be injurious to the properties in the vicinity, especially in regard to the hindering of other licenses and permits , especially permits that would allow them to sell alcoholic beverages either privately or to the general public. We felt if this was an objection then we should certainly take a reasonable approach to it�and we went to the ABC Board and we were referred to cases on record that deal with the same objection that we are faced with here tonight. The case I would like to mention is the Altadena Community Church, respondent, versus the State Board of Equalization, appellant, under the heading Intoxicating Liquors Licenses, discretion of the Board State of California Law Records, briefly .states the mere fact that beverages are in the immediate vicinity of a premise does not establish an abuse of discretion by the State Board of Equalization in granting an on -sale liquor license for such premises. I have a copy of this which I will leave with the Clerk tonight. Now/,the summary stated in 1950 an application for an on -sale general license was opposed by three churches and by over five hundred citizens of the area who signed a petition of protest. In addition to this/the Sheriff of Los Angeles County also filed a protest. They argued the premises are in the immediate vicinity of three churches and a Youth Center building) and the contention was that the -issuance of a license would be, contrary to the public welfare and to the morals. At the conclusion of the hearing the Board stated that the applicant has heJ .and now holds a beer and wine on -sale license and also the bhurr-hes came onto the scene after the time when the applicant was operating. They summed it up by saying it would not cause a moral hazard to the churches or the Youth Center, and the permits were granted. It is evident then that the proximity of a church is not the d&tgkmimn t of whether a license will be granted or deniediand we do not feel the opponents"objection then is valid on this point. This case, which is public knowledge] shows that the opponents'case is speculative and without basis. And in fact to fortify this, let me mention that the Elks ; Club in - 13 CITY COUNCIL 2/22/71 Page Fourteen PUBLIC HEARINGS: UUP #166 & V #656 Laguna Beach permitted Jehovah's Witnesses to usetheir building as a meeting place for a number of years for their meetings/ and there was no effect whatsoever on their licenses. I hope the City Council will give consideration to these facts when making their decisions. In our meeting with the Planning Commission there was no effort by the Commission to verify the opponentt1claim or ours, and the facts show that the proximity then is not the determinwit;in granting licenses by the ABC Boardhand we cannot understand why the Planning Commission didn't follow through by investigating the matter thoroughly before denying our request. Jehovah's Witnesses do not object to others' activities. We are not teetotalers and were fully aware of our opponents.° activities when we ag;;eed to buy the lot. We were s4irprised-that such a suggestion was even brought up. We hope, in view of the facts just presentedithat Jehovah's Witnesses will be granted a Variance and an Unclassified Use Permit. I'would like to leave with the'tlerk a copy of the case I referred to for your reference. Mrs. G. L. Rich (Sworn in by City Clerk) 838 East Herring Avenue Gentlemen, I would like to refer to a West Covina point in the opposition, specifically that we would be injurious to the properties in the vicinity. The Council is aware of the nature of our work and its benefit to the community; however, perhaps ...the opponents are over -concerned about the future of their business and their activities because of their dependence on their liquor license. I feel this isn't a sound argumentibecause there are examples of churches and schools existing in West Covina right now in close proximity to businesses that have general liquor licenses to sell either privately or publicly in restaurants, bars, liquor stores and clubs. For example, the South Hills Baptist Church at 17250 East Francisquito is within one block of the 7-1.1 Store at 1819 North Azusa Avenue with. off -sale license; the Coronado Elementary School at 545 East Vine and the Community Presbyterian Church at 540 East Vine are both within'one block of the Ranch Market at 522 East Vine)and Liquor Manor at 943 South Glendora is directly.across from the Presbyterian Church. Then the Christian Science Reading Room and Ward at 222 South Glendora has four such businesses in the same block. Namely, the Great Wall Restaurant at 232 South Glendora,- Hudson's Liquor, 227; the Cove Cocktail Lounge at 146 South Glendora; and also the Royal Cocktail Lounge at 181 South Glendora. Another example is the Immanuel Lutheran Church and School at 512 South Valinda Avenue with the In and Out Market. Liquor .store directly across the street. St. Christopher's Catholic Church and School is only one block south of this same liquor store. Alsoy the Christ Lutheran Church at 311 South Citrus is across from the Pronto Market at 222 South Citrus. Gentlemen, these are by no means all of the examples in our community, only the ones notable at a cursory glance. The point being, as I am ,sure you -agree, that the fears of our opponents are truly unfounded. My family has resided in West Covina end have been property owners for over 11 years and we do look forward to having a place of worship in our own neighbor- hood. So I'urge you to reverse the decision of the Planning Commission and allow us that consideration. Thank you. John Mackelhenny (Sworn in by City Clerk.) 1314 Devers Street I am here tonight to comment on the West Covina Planning Commissions refusal-totgrant a Variance and Unclassified Use Permit on the property in question, Councilman Lloyd: Mr. Mayorga point of order on' -that. I don't believe that was really brought up - 14 CITY COUNCIL 2/22/7.1 Page Fifteen PUBLIC HEARINGS: UUP #166 & V #656 in the opponents testimony. Mayor Chappell: Please - only speak on items they have mentioned. Mr. Mackelhenny: They have concluded that our use of this • property as a meeting place to worship our Creator and Father would be detrimental to public welfare and adjacent properties; we take exception to this ruling on the evidence that never has the Watch Tower Bible and Tract Society, known as Jehovah°s Witnesses been known to be injurious to its neighbors. This is a worldwide claim - we respect the civil authorities and peoples of all nations. Our purpose in this troubled work as a benevolent organization is to improve both men.., women and their children by Christian education through charitable instructions based on Bible truth. Now the laws of this land apply to Jehovah°s Witnesses,and they are glad to abide by them. Our purpose .in wanting this piece of property is that it is centrally located to serve the greater number of our congregation whose tax monies are also being used for public purposes. With' reference to being injurious to neighboring properties, may I bring to your attention that on the west side of the .lot in question there would be approximately 751 of open'space between our property line and a secondary entrance to the Elks Club building. On the east is almost a similar situation. It is approximately 401 to the rear entrances of the small business buildings. Here we would not interfere with their business activities that are usually conducted through the front doors. Our evening meetings never go beyond 9:45, so this should not interfere with any social gatherings in the vicinity so far as street activity or club activities. May I again emphasize that we are only interested and concerned with the work related to God°s Kingdom and in no way would infringe on other people's rights. Thank you. Dick Kelly (Sworn in by City Clerk.) 17103 Sangarry The spokesman for the Elks mentioned that Valinda schools or churches in close proximity to a place of business that wanted to sell liquor would prove to be injurious in this regard. It has been brought out already that several churches in close proximity to a place of business that wanted to sell liquor was not injurious in this regard and I wanted to bring to your attention tonight a documented citation concerning a school which was the same result. This school in Long Beach strongly objected to the place'o.f business wishing an off -sale .liquor license to sell beer and wine and,in spite of their strong objections ,,the license was granted, so I would like to leave this case for your records and observation. Thank you. Mrs. Horn (Sworn in by City Clerk.) 719 South Gaybar Avenue Mayor Chappell and Councilmen, we have West Covina been property owners in West Covina for the past 12 yearsland I would like to state the reason why the Jehovah°s Witnesses would not be detrimental to the welfare of this community, Jehovah's Witnesses are known throughout the world as being sincere, honest, law- abiding citizens who live according to the Bible principles. In fact] the very nature of their work is really. a blessing to their community for they teach people high moral values and respect for the government and its officialseas well as respect foi the law and order. In fact, it is because of this behavior that 250,000 Jehovah°s Witnesses were able to assemble in New York City at an international convention. So impressive was this display of harmony that a New York Times report on the convention was even incorporated into the United States Congressional Record�- from which I here quote: "Witnesses Style City°s Best Guests, They win praise for courtesy, quietness and neatness. New Yorkers are 15 - CITY COUNCIL 2/22/71 Page Sixteen PUBLIC HEARINGS: ZC #166 & V #656 unanimous in agreeing the Witnesses' conduct has been exemplary. Their cleanliness is now almost legendary. Courtesy has been their watchword. They are a real asset to the community." Our youths also set fine examples in the schools. You will not find any of them joining protests or social reforms, demonstrations, etc., and by their conduct and manner of operation they prove what fine • citizens they are really becoming. They are obedient1not only to their pad rats but to the officials and uplift the area because they alsq put to teaching the Bible. It was reported in Seattle Times last year, and I quote m "If every one were like Jehovah°s Witnesses the police would be out of a job. Imagine 40,000 visitors in the Cityjand all in the habit of being lawabiding citizens just because they want to be." The writer also added - "I saw no drunkenness, no walking on lawns, no unlegal parking, no traffic offenses and heard no profanity. There is absolutely no littering of any kind. I feel strongly,by their high standards of morality, courtesy and honesty that they bring nothing but good to any City." So I ask you gentlemen, could a group of people such as described be'anything:'but',an asset to our community? Thank you. Councilman Young: Mr. Mayor, a point of order. I don't want to offend Mrs. Horn because everything she says is true, but I don't think anything in opposition spoken by the 'Elks Club was incompatible with that. I think everyone agrees to that and I only speak to the point of order that testimony along that line was not rebuttal testimony. I appreciate everything you said ,Mrs. Horn. Mayor Chappell: Anyone having to speakjplease do so only in rebuttal to the items brought up in opposition to your requests. Bill Ross Mr. Mayor and members of the Council, the fact 1241 Robindale that there are provisions for a Variance West Covina implies that there are exceptions. And ours is just such an exception. The 2 acre requirement that is made as a provision by the City for church buildings is understandably for larger denominations, most of these having much larger membership, and they have many more requirements than what we would have. For instance/they may have a church school such as the Bethany Baptist on Sunset. They may have a need for recreational facilities or Sunday School Rooms�or maybe provi- sions for future expansion of their buildings and we don't have any such need as this, and to identify us with these larger denominations would actually be unfair and unrealistic and actually discriminatory, because it would be forcing us out. The financial burden of, the unneeded land would be unreasonable and actually wasteful. I would also like to emphasize the matter of meeting the requirements of the City, which has been touched on before.. We: mentioned the matter of parking, the matter of seating requirements- There are many other requirements that had to be met, such as the furnishing of sidewalks on the north and south of the property, the street -`lights, the paving of Wescove .Place, trees, parking strips with adequate "irrigation for these.... Mayor Chappell: Mr. Ross, we are only speaking on items of opposition. You had the opportunity the first time to speak on these points, now it is necessary to stick to the points mentioned in opposition to your request, Mr. Ross: The spokesman for the Lodge,in talking down the size of our lot�is trying to make it appear it is not feasible for us to have our -congregation on this size of a lot. I believe they are not in the same position as the staff of the Planning Department that okayed the size of the lot for our needs and approved and recommended it to the Planning Commission. Thank you. 16 CITY COUNCIL 2/22/71 .Page Seventeen PUBLIC HEARINGS: ZC #166 & V #656 THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Young. Mr. Mayor, if I may? I spoke to the City Attorney a few minutes before the meeting started. I am a recent member of the • Elks, Club and I am not a member of the Club at this time and I would like that fact known. I would like the question of the con- flict of interest stated on the record I do not now belong but I have within the past two months. Mr. City Attorney? Mr. Wakefield: The matter of a conflict of interest is `determined under the State Law at the time the action is taken by the City Council with reference to the matter before it. The fact that Councilman Young has terminated his membership in the Elks Club would not now constitute a conflict of interest so far as his action on the matter before you is concerned. Mayor Chappell: You mean if anyone is a member of the Elks Club they should speak out now? Mr. Wakefield: Right. Councilman Shearer: The same thing would be true if they were a member of Jehovah°s Witnesses, I assume. Mayon Chappell: Yes. If any member of Council is a member of either organization they should speak out now. (None) Councilman Shearer: I will start out by asking a question of the City Attorney. The one thing I feel in my mind that will decide whether I vote.for or against/is the question of the liquor license, the possible area of protest. I would like the City Attorney to comment on that along with the possibility of putting in a condition in the unclassified use permit that the applicant agrees not to protest any future requests on the part of the Elks Club or Mr. Stone s establishment to expand, -remodel, change or transfer, etc., if this is possible. Mr. Wakefield: Mr, Mayor and members of the City Council/ Section 23789 of the Business and Professions Code deals with the question of protest so far as the issuance of on -sale liquor licenses is concerned. This section is particularly applicable to the :Elks. Club, generally speaking. However, the same rule also applies to off -sale establishments such as that operated)I think; by Mr. Stone. The section provides that the State Board of Equalization and now the Alcoholic Beverage Control Board is authorized to refuse the issuance of on -sale liquor licenses for premises located in the immediate vicinity of churches and schools. This statutory grant or authority to the licensing authority does not apply to renewals or ownership transfers for the same premises. In other words., the .fact that the .Elks Club now has a license, the renewal of that license would not be affected due to the fact the church was subsequently built in the immediate vicinity of the Lodge. However, as Mr. Tanking has indicated, if the Lodge were to expand its premises and it was necessary for the ,Lodge to apply for a new license then the section would apply. You will note the section does not prohibit the licensing authority from granting a license even though there be a protest. You will referred to the Altadena Church Equalization. In that case the proximity to a church or school recall that one of the speakers case versus the State Board of Court did recite the fact that may .supply an adequate basis for a 17 m CITY COUNCIL 2/22/71 Page Eighteen PUBLIC HEARINGS: ZC ##166 & V ##656 denial of the licensing as being inimical to the public morals /Y' and welfare. However, this requires a positive finding by the licensing authority based on the evidence submitted to him. And,a,§ the speaker in behalf of the church applicant indicated, the case concluded by saying that the Board is wisely left free to • act on --:each application for a license as it comes before it. Implying that the statute is merely a general direction and the licensing authority is bound to act on the facts as it views them. In substance, therefore while the establishment of a church or school in the immediate vicinity of a licensed premise may affect the licensing authority in determining how to proceed�it does not control its action ands assuming that the licensed premises are properly operated and the people who patronize the establishment are properly behaved,"it seems to me it would be difficult for the licensing authority to find the existence of the church was inimical to the public morals and welfare. On the other hand, if it was a typical kind of bar and the patrons of the bar spread out into the community and caused disturbances then the result might be different. But)again)this depends entirely upon the facts of each individual situation. With respect to Councilman Shearer's inquiry as to whether or not the granting of the conditional use permit or the variance could be conditioned upon the fact that the church would not protest either the .renewal or granting of the license to the Lodge on the premiseswhich now have an off -sale license, my answer is that I think regardless of the fact that there might be such a condition imposed it would not be enforceable, that an individual cannot be denied a right granted to him by statute simply by imposition of a condition that he will. not take advantage of that right. In other wordsy we would be faced squarely with a constitutional problem, one which would be resolved in favor of the protest action in spite of the condition that might be imposed. Councilman Shearer: Would this be true even though the condition would not deny the person a right but would deny the continuance of the use permit if they so choose to exercise that right? They could go ahead and protest but)like any other condition of the use permit)if not ful- filled - and I am not proposing to get into an area of argument with the attorney, but from: -that respect in saying you can't do it, but if you do)then your use permit is cancelled? Mr. Wakefield: Again, I think the result is the same from a constitutional standpoint. In effect the problem is created by the fact that the protest doesn't relate really to an activity or use being made of the particular premises for which the conditional use permit is granted but applies more to the use being made of adjacent premises. Again, what we would be doing is really restricting the individual or the church in the use of its right to protest or petition a governmental authority where the right to protest is expressly granted by statute. Councilman Shearer: I am not much further along the line than when I started. I feel, taking point by point, with regard to the question of the variance, namely a one half acre versus a two acre site. I feel that the applicant has made a good case and I feel in some respects the two acre minimum is unreasonable and I think this would be one situation where it would be. I think they, regardless of the area in West Covina, whether next door to the Elks Club or out in the middle of a vacant field with a mile on either side, that this particular applicant would not want to develop two acres. He would still be in with a request for a Variance for somewhat less. 18 CITY COUNCIL .2/22/71 Page Nineteen PUBLIC HEARINGS: ZC ##166 & V ##656 I feel the explanation the City Attorney has given with regard to the hopeful wisdom, hopefully will continue to be effected by the Alcbholic Beverage Control Board and will give to the Elks: Club and the adjacent off -sale store adequate protection. I would like to be able to see a little more assurance in the condition of the use permit but if this raises a question of constitutionality then perhaps we should not delve iinto that area. At this point, until I hear from the other Councilmen, I am favorably disposed to the application® Councilman Nichols: Decisions of this type are inevitably difficult to makejif for no other reason than the Council has a roomful of people who identify themselves as taxpayers of West Covina. Actually, there is a central issue here tonight that has not actually really been treated. The issue is one central to one of the points that several of the proponents that spoke mentioned', this is a matter of lawland one's interpretation of law and what the law .intends. One of the proponents said the laws of the land do apply to Jehovah°s Witnesses and Witnesses are pleased to obey themland another one said'Jehovah°s Witnesses are all :law�abjding:_titizeus and we know this, and we all try to belaW=abiding citizens. Our problem comes in the area of interpretation. I would like to try and explain to you what I mean by this, because I am prepared to vote "no" on this request and I want to explain why I am prepared to vote that way. The Variance is placed in the laws of individual cities to allow exceptions to the laws, but the Variance has certain requirements in order that the use of the Variance is not treated lightly. Becauselif the use were treated lightly�we could put chicken farms next to the residences in West Covina, and you can see immediately that this would be a great disservice to someone. So. we must have criteria for the granting of Variances and there are 5 major points that any City Council must answer in its best judgment affirmatively in granting a Variance. Four of them in one form or another are mentioned in the staff report here,but one, which is essential. and fundamental to the granting of a Varianceiis not clearly .illuminated here. That one is the use that is being requested that use is granted already to others in the same zone and same vicinity. In my judgment I cannot find that this particular use is granted to others in the same zone, in the same vicinity on a similar size parcel. In other wordsrwhat I am saying is that the use of the Variance to achieve a church use in this neighbor- hoodji.n my judgment�is not in keeping with the spirit of the law. It mayT-well be that our law is extremely severe and/ in fact excessively severe in West Covina on this point and if that be the case then in my judgment the appropriate device is to change the law, not bend the use of the Variance to achieve what cannot be achieved as the law is written In many other types of developments in our City we apply sliding scales. For instance)in the shopping centers the size of the store will depend on the amount of parking required and therefor-e the size of the parcel necessary. A resfdurant'develbpment'depends on the number of seats and that. then regulates the size of the parcel and the number of parking spaces) but somehow in West Covina we have said in the case of churches we must have two acres and I think this is wrong. I think you people here tonight have made a commendable and out- standing presentation, but I still feel that the use of the Variance is not the route to achieve it. I would welcome you as neighbors and welcome your church in our City. The way the law stands now I would welcome you on any two acre parcel. If the law is to be .changed,)and perhaps it will in coming weeks, then I would welcome you on lesser size, but until the law is changed I �. 19 CITY COUNCIL 2/22/71 Page Twenty PUBLIC HEARINGS: ZC #1.66 & V #656 don't find, along with five Planning Commissioners, that all the grounds for a. Variance have been mete. Councilman Lloyd: In view of the presentation made here,it has to tell me that a great deal of planning went into it. I am very much impressed. I do feel there are inequities presented by both sides. I already know, as a result of my experience on the Council, that had you been there first I would have to agree that if the gentleman from the liquor store asked for the liquor store I would have recommended that it be turned down. As you probably know, the Council . makes a recommendation in every liquor license issuance in the area and the ABC Board does not have to go along with what we recommend: however there are very few cases where they do not. Generally speaking�if we recommend negatively then that liquor license is not issued. So I would have to say, on the face of it) that there would have been a disfranchisement in this case if anybody wanted to go into this type of development. My reasons for voting "no" m I too, go along with the recommendation of the Planning Commission _ I recognize that our staff has been favorably disposed and I find no fault with that. They are hired to do what they want to doy and they are indeed very professional peoplefand I can say without any hesitation Mr. Aiassa and Mr. Munsell both do an extremely fine job. But I am also of the opinion that our Planning Commission does an extremely fine job and they do meet the requirements of our community and they have that at heart and) as a result of their recommendations.,I. am swayed. Also /I am swayed by the logic put forth by the people of the Elks Club. In the long run, five or ten years hence, -there could be a very good chance if they decided to expand, when most of us sitting here now would be gone and probably many of you would be gone from the City, because a City of our size turns over every three or four years, and those people who are here five, ten and fi-fteen years hence will not remember the comments that occurred here this evening. In the logic of that, I think we are .forced to go back to what ww the Ordinance? 'As a matter of f act.,if you were on the other side of the fence and had a situation where your house when you first purcha.sedeit had a requirement for 1500 square feet and all of a sudden, and by the way this in fact occurred in West Covina recently, you found out somebody was going to move in an 800 square foot house next door to you and there was nothing you could do about it because there was a Variance, well I am sure you would agree that all of a sudden the ox being gored would be on the other side. I want it clearly understo adjand this is true with the other Councilmen also, that there is absolutely no emotional involvement as far as the establishment of this church. I would be the :first to say this is the bedrock of democracy, of our society, and the first provision of the Bill of Rights which says "freedom of religion" requires consideration on that basis/ and being a political scientist I would be the first to say this is an important consideration. But in addition to that you will find in the Constitution under Amendment Numbers 5 and 14 there is a little thing called "due process of law". And I think, indeed, we do have the due process here this evening and as a result of that I am going to vote "no". Councilman Young: Mr. Mayor, I guess what I have to say will sort of :wrap it up in a sense/not to preempt your own com.ments/but it will be 3 "no" votes. I say that first, not to belabor the point. I cannot agree with Councilman Nichols that it would require a change of the law. I do agree with one of the gentlemen who spoke in rebuttal, who stated the fact that we have a provision in the law for Variances, indicates that under proper circumstances they should be allowed. I think I perhaps 'would not be overwhelmed in my conscience in allowing the Variance requested in this particular case, and I think .if some 20 CITY COUNCIL 2/22/71 Page Twenty-one PUBLIC HEARINGS° ZC #166 & V #656 other location is found which is of sufficient size to accommodate the church, and I am sure that we have been addressed in good faith by the church and that they would not expand beyond the limits of the half acre of ground, then at that time I will certainly be predisposed to grant a Variance and welcome this particular body to the City of West Covina. I was especially impressed by the demeanor and attitude they displayed at this hearing. This is the most orderly hearing of any we have ever had of this dimension and interest and speaks very well. My reason for voting "no" is because I think we are at odds here. We have two very viable organizations and there are definite potential areas of incompatibility involved,and we are setting out on a course of creating bad neighbors. Not that there would be stones thrown back and forth because neither organization operates that way, but there would' be a certain element of bad feeling involved. I think this location is not that vital .in terms of other available locations. I think there is an important political consideration involved. The Planning staff and Planning Commission has been criticized and that is appropriate. Fair criticism is part of it. But the Planning Department is a professional organization. The Planning Commission is political and this body is political, and if we are to accept - in other words this body and the Planning Commission is supposed to represent the consensus of the community which is a consideration apart of the professional consideration. And if we simply blindly follow the consideration of the professionals, why do we have a Planning Commission and City Council in the first place? Why not just turn all of the government over to professionals and let it go at that? I think the political considerations are well consideredlin light of the proximity of uses that are somewhat incompatible of two very fine organizations and very legitimate enterprises. That is the reason I shall vote as I vote. Mayor Chappell: Mr. Munsell, in reading over some of the letters sent to us in our mail last week it appears that this property is not under the ownership of the organization at this time? Have they been long.the owners of this property or just in the process of pur- chasing? Mr. Munsello The application indicates they are a purchaser. Mayor Chappell: Escrow is not closed? Mr. Munselle I don't know, I would presume so. The Code does allow the purchasers to file these applications. Mayor Chappell: Sometime in the past the City Council deemed two acres was a reasonable amount of land for a church. I think most of you sitting here can l.00k1back to other congregations you belonged tooand I am thinking of one I just passed in the last two weeks„ where the church parking lot was filled and the streets were filled with cars, there was some sort of a meeting being held by Jehovah's Witnesses. Two acres doesn't necessarily mean two acres of building. The parking is considered adequate by certain people, but in my mind is considered inadequate. I think it should be adequate for a church because we do not want on -street parking. We want off-street parking. I think you might regret yourselves if you go on this one-half acre because you may eventually change your philosphy, you may want to put up a Sunday School. It is very possible that in the City of West Covina with 68,000 people, that a church for 125 people will not be adequate. - 21 - CITY COUNCIL 2/22/71 Page Twenty-two PUBLIC HEARINGS: UUP #166 & V #656 ' In the past some Council decided that 2 acres is the smallest ground for a church, and I know churches that have more acreage than this wish they had more.and they don't have a school or ape -.school. So I think we have had Councils in the past that have been wise in their considerations and in writing their ordinances, so perhaps 2 acres in your eyes may seem to be too large now but there may be a time when you wish you had more than the 2 acres in West Covina. We are going to grow and there will be another 35,000 people in the City in the next several years. I would say the Council is pretty well unanimous in their consideration this evening that this is just not the time for a Variance to be granted. I will give you a little story with regard to variances. Not too long ago a professional building came into the City to be built, a business for doctors to practice their profession and because of 8 parking spaces this Council turned it down. So you are not being discriminated against. We have the rules of thelaw and we are trying to work within them. So I'am sure there are other locations in West Covina ➢and no one here objects to Jehovah's Witnesses. Motion by Councilman Young, seconded by Councilman Lloyd, that Unclass- ii.ied_:Useu Permit No. 166 and. 'Varia"nce No. 656 _bd . derhie&' denied. Motion carried on roll call .... AYES: Councilman Nichols, Young, Lloyd, Chappell NOES: Councilmen .,hearer. ABSENT: None THE CHAIR CALLED A RECESS AT 9:50 P.M. COUNCIL RECONVENED AT 10 P.M. PROJECT NO. SP-71010 LOCATION: Sunkist Avenue, northerly of Garvey PROTEST HEARING ON Avenue. PROPOSED WORK - 1911 Hearing of protests and objections to.street ACT (SHORT FORM) improvements on Sunkist Avenue, northerly of Garvey Avenue, set for hearing on this date by Resolution No. 4298 adopted by the City Council on February 8, 1971. THIS IS THE TIME AND PLACE FOR'THE PUBLIC HEARING ON PROJECT SP-71010. Mayor Chappell: Madam City Clerk) do you have the affidavit relative to this hearing? City Clerk: Yes, I do. Motion by Councilman Shearer, seconded by Councilman Lloyd and Carried, to receive and file the affidavit of posting and mailing. Mayor Chappell: Mr. Public Services Director will you present the factual data of the Engineer's report? Mr. Fast: Yes, Mr. Mayor. In accordance with Council's / instructionsIthe Street Superintendent posted the property on Sunkist Avenue northerly of Garvey Avenue on February 9, 1971, with a notice to construct curbs, gutters -and driveway approaches. These improvements will be constructed as part of City Project SP-71010. In addition frontage on Sunkist Avenue northerly of Garvey Avenue is presently improved for a total frontage of more than 50/ on these sides of the streets and blocks wherein the construction will occur. That concludes the report, Mr. Mayor. Motion by Councilman Young, seconded by Councilman Lloyd and carried, to receive and file the Engineer's report. Mayor Chappell: Madam City Clerk,have you received any - 22 - CITY COUNCIL 2/22/71 PUBLIC HEARINGS:. SP-71010 Page Twenty-three written protests or objections against the proposed improvements to be constructed? City Clerk: No, I have not. Mayor Chappell: Are there any oral protests against this project by property owners liable to be assessed for the improvements, or any other interested persons in the audience? (None) THERE BEING NO PUBLIC TESTIMONY, PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Lloyd: Mr. Mayor, I have a question. Mr. Fast, is there a reason why the rate of interest in this is 7/? Mr. Fast: I believe that is the legal rate, Mr. Lloyd. Councilman Lloyd: Mr. Wakefield why is the legal rate 7/? Mr. Wakefield: Simply because the Improvement Act of 1911 provides that the maximum amount of interest that may be payable is 7. In other words, there is a statutory limit. Councilman Lloyd: My question is�do we have a great run of default? Because 7/ is higher than the prime at this point. Mr. Wakefield: No, I don't think there is any history of default particularly, so far as proceedings of this sort are concerned. The 7/ is a maximum rate. It could be less. Councilman Lloyd: I understand 5-3/4/ is now the primes and that is 1-1/4/ difference and in view of the fact that these people have no choice in this involvement it does seem as if we could give them a break. Do we set this price or does somebody else? Mr. Wakefield: No, the interest rate is set by the City within the maximum established by limit of law. Councilman Lloyd: Okay. Mr. Aiassa1is there a reason why we have to charge 7/ or could we give our good citizens a break? Mr. Aiassa: These are small projects,,and when it comes to financing they are not the ones most readily acceptable at 5-3/4/ or even 6% and the smaller the project the longer the investor usually has to wait to get his money back, and he demands a higher interest rate. Councilman Lloyd: I am very well aware of what it takes to secure a loan-, my question wasjand maybe I should have asked you - is there a great amount of default on these type loans? Mr. Aiassa: We haven't had a great deal. Councilman Lloyd: What is the percentage factor? Mr. Aiassa: I haven't had it worked out. - 23 - CITY COUNCIL 2/22/71 Page Twenty-four PUBLIC HEARINGS: SP-71010 Councilman Lloyd: Let's understand I feel Very strongly that when a man has no choice in his in- volvement in this type of activity - and we can accept the fact that they have none - we?as a Citythave the obligation to seek the most favorable situation financially that is possiblerand I don't think this has been done. Mr. Aiassa: There is a condition in this person being assessed has a period of time in which he can pay for the project before it is put into the assessment district. Councilman Lloyd: Okay. What is the amount the average owner will.be involved with - $1,000? Mr Zimmerman: The cost for the average owner is approxi- mately $2001 because we are only charging for the curb and gutter. It would be about 60, or 70, frontage at approximately $3.00 per foot. And, of course he does have the chance of installing his own improve- ments without any expense of interest. Councilman Lloyd: All.right�but most of us as homeowners don't have two or three hundred just to put into this. Mr. Aiassa: One point I would like to bring to the attention of the Council; these improvements are being put on properties that have been existing for at least 10 years without curb or gutter, and they have retained the benefit of the entire services of the City and got in there as unimproved property and not as part of a subdivision. I frankly feel that the penalty is to each property owner on each. side, he has put the curb and gutter inland these individuals retained the benefit of not doing so for 10 years. I think it is high time that Council realizes that we have to do this the hard way. Councilman Lloyd: Mr. Aiassa, the Council realizes what is going on. I am just saying I don't want the City people to pay more than is absolutely required. I am not arguing the point whether it should or should not be done. I think it should be done and I think we should have consideration for the average taxpayer with regard to the interest imposed when he has no ability of getting out of it and he is going to have to pay for it. I know how I felt when I paid my $1,000 bonus because somebody put a sewer out there. I paid the whole thing but let me tell you I felt it,.and I think most of the people in this City feel the same way. I don't think they are any different than I am. Mayor Chappell: This money doesn't come out of the General Fund - we have to borrow it somehow? Mr. Aiassa: We usually have to advance the money from city funds on which no interest is earned once it is put into this project. Councilman Shearer: Mr. Mayor, I would be very happy to obtain some money right now at 7/. I have to have my house'fumigated to get rid of the termites and my driveway fixediand I am going to have to borrow money at 9/ and I think 7/ is a good fair rate. If someone will give me a $1,000 at 7%, they have a loan tomorrow. I think 7/ is a good fair rate. Councilman Nichols: I think all points have been well made. I think we should be as economical as possible - 24 - CITY COUNCIL 2/22/71 PUBLIC HEARINGS: SP-71010 Page Twenty-five and if the 7/ figure is our rock bottom then let's go with it. I agree. RESOLUTION NO. 4310 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, INSTRUCTING THE STREET SUPERINTENDENT TO TAKE CERTAIN ACTION WITH RESPECT TO THE CONSTRUCTION OF CURB, GUTTER AND DRIVEWAY APPROACHES, PURSUANT TO SECTION 5870 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AT SUNKIST AVENUE NORTHERLY OF GARVEY AVENUE." Mayor Chappell: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Young, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None Motion by Councilman Shearer, seconded by Councilman Young, and carried, to+.:authiar:ize.:the City Engineer to advertise for bids on Project.No. SP-71010.' PLANNING COMMISSION REVIEW ACTION OF (Council reviewed action.) FEBRUARY 17, 1971. Councilman Young: Item 5--I have had some conversation on this item with people not on the Council - the Unclassified Use Permit No. 167, and based on that discussion I would like to request that item be called up for Council review. ( No objections.) Motion by Councilman Young, seconded by Councilman Lloyd, to receive and file the summary action of the Planning Commission of February 17, 1971, with the calling up of Item 5. Councilman Shearer: Mr. Mayor, referring back to two weeks ago - don°t we approve them? These are action items. We were told last timeowhen we received and filed the Human Relations minutes,that wasn't approval of the $5,000 map. Mr. Wakefield: Mr Mayor and members of the City Council. This is simply a review of action taken and,under these circumstances you would simply receive and file the record of the review. Motion carried. ORAL COMMUNICATIONS , Councilman Young: Mr Mayor, may I speak -to a point of order before going into that? I see under Written Communications we have numerous letters on Item G-2-a, and I think addressing the Council under Oral Communica- tions on this subject would be premature. I think the matter is well recommended by staff) and that we should discuss it and then perhaps hear from whomever wanted to speak on it. Councilman Nichols: I concur with Councilman Young. If we have a Written Communication item where the Council cannot take any action at all) and where the material has been presented at the option of the communi- cant in writing and the recommendation is to refek.to staff, but in this 2 5 0 Is CITY COUNCIL 2/22/71 ORAL COMMUNICATIONS Page Twenty-six case, it would create a hearing situation and could very well defeat the purpose of the staff report. Mayor Chappell: Fine. Then we will skip over Oral Communi- cations at this time and go to Written Communications. WRITTEN COMMUNICATIONS AMERICAN POSTAL CORP. Motion by Councilman Young, seconded by RE BUSINESS LICENSE Councilman -Shearer, and carried, to refer FOR POSTAL SERVICE to staff and City Attorney. VETERANS OF FOREIGN Motion by Councilman Shearer, seconded by WARS, POST 8620 Councilman Young,t-o graht approval for REQUEST permission to operate three fireworks stands over the 4th of July, as approved in prior years. Mayor Chappell: Are these the same locations they have had in the past? City Clerk: They seem to be. We will check them out. This will come .through - on a Temporary Use -Permit. In our fireworks ordinance it says that they have to get permission from the Council to have a fireworks stand. So they request permission and then it comes through the Temporary Use Committee once you have given approval to them to have the license. Motion carried. Councilman Young: May I offer a further motion. I suggest we vote approval to this subject in compliance with staff conditions. Seconded by Councilman Lloyd and carried. VETERANS OF FOREIGN Motion by Councilman Young, seconded by WARS, POST 8620 Councilman Lloyd and carried,t® grant REQUEST approval to the request for permission to sell "Buddy Poppies" on May 21 and 22, 1971, as approved .in prior years. PUBLIC UTILITIES COM. Motion by Councilman Nichols, seconded by Councilman Young and carried, to receive and file Notice of Hearing regarding Application of Western Union .Telegraph Company to revise rates. SO. CALIF. GAS COMPANY Motion by Councilman Nichols, seconded by Councilman Young, and carried, to refer to staff Notice Of Filing Application'to modify its firm general service tariff schedules. CITY OF POMONA Motion by Councilman Young, seconded by RES. NO. 71-43 Councilman Nichols and carried, to receive and;file City of Pomona Resolution.#71-43 regarding enforcing laws on Air Pollutign .Control, particularly involving smoke from coke furnaces at Kaiser Steel Company in Fontana. LEUKEMIA SOCIETY OF AMERICA - REQUEST Councilman Young: Has this been done in past years by this organization? City Clerk: I checked back/ and I do not have a record of this particular organization coming before us previously. - 26 - CITY COUNCIL 2/22/71 WRITTEN COMMUNICATIONS - Cont°d. Page Twenty-seven Motion by Councilman Young, seconded by Councilman Lloyd and carried, that this matter be referred to staff for staff clearance. MR. & MRS. E.J. JAHN Motion by Councilman Young, seconded by AND OTHER LETTERS AND Councilman Lloyd, and carried, to..refer, PETITION letters and petition protesting proposed 0 rate increase of West Covina Disposal Company to staff. Mayor Chappell: While on this subject I would like to appoint Councilman Nichols and myself to meet with the City Manager and members of his staff and the West Covina Disposal Company with regard to the matter of khat these letters refer to. Councilman Lloyd: What is the object of the meeting? What will be accomplished by the mppointment of yourself and Councilman ijichols? Both very capable men. Mayor Chappell: We are going to.sit down with the City Manager and listen to what West Covina Disposal saysland then come back and report to the Council and we will then make a decision. Councilman Nichols: Mr Mayor, having been suitably honored with this appointment I am perfectly amenable to passing it and having someone else on the Council serve. I would concur that as has been done in the past, we should meet with them as you suggested. I am of the opinion that there should be some mutual investigation in this area and,�as in the past.jusually the`Mayor and one Councilman do it. I particularly don't find the prospect of. this service invigorating and if Councilman Lloyd would dike to do it? Councilman Lloyd: Nod I am not able to do it; I am over- committed at present, I just wanted to know what would be accomplished. Councilman Nichols. Mostly to sift through all these materials that we have with the Disposal people and then bring a report back to the Council. Mayor Chappell: That was my feeling, just to weed out the fasts and bring it back to Council. Councilman -Lloyd: Okay. I just wanted to know. Suddenly appointments were being made and I knew nothing about it. Councilman Shearer: Do you know how soon we will get this information? Mr. Aiassa: I would say next week. WEST COVINA HIGH SCHOOL • W.C. COUNCIL -OF PARENT TEACHER ASSOCIATIONS MRS . S.N. P'ATTE RSON 833 Pima Avenue MICHAEL LEWIS, 816 Gaybar Avenue MRS® WALLACE E. BUTLER 1042 E. Vine Avenue PTA Councilman Nichols: Mr. May.o,r. may I speak on this matter? The recommendation is to refer these communications regarding school crosswalks in West Covina School Dis- trict formally to the staff for investigation and report back to the Council. I would only like'to add a comment or two. �ftm We have had,for many years a chronic problem with crosswalks in West Covina, whether we.have more or fewer problems than a similar community, I do not know, but the - 27 - CITY COUNCIL 2/22/71 Page Twenty-eight WRITTEN.COMMUNICATIONS: Crosswalks heart of many of the most 4evere problems are with the midblock crosswalks. I don It believe we have shown as much vision as we might show'to provide some additional type of warning device notifying motorists of the presence of the crosswalks. I have no answer and no particular recommendations,except to believe that • we have tended to take one of two extreme positims, either hiring crossing guards or doing nothing, and I think there must be some ground between these two areas. So,as a part of this,I would hope that staff would accept my own entreaty and give this a very extensive look in terms of the answer to these problems that might go beyond our traditional approaches. Mayor Chappell: I think that is a good point. Having worked in Las Vegas area for some two and a half years, staff might take a look at the way those people handle crossing in school areas. I have seen people almost slow down to a stop when they came to them, they were so well indoctrinated to the fact that there was a school crossing ahead. It was all spelled out. At no expense to the City, we might have somebody when up there, take a look at their method. I think it is time we come somewhere along the way so that drivers when approaching these areas will recognize the crosswalks well in advance. Motion by Councilman Nichols, seconded by Councilman Young and carried, to: refer to staff and the Traffic Committee. Councilman Shearer: Mr. Mayor, a question. Is it correct that the School District cannot or will not participate? Councilman Nichols: Cannot. Mrs Aiassa: Mr. Mayor, a question of Mr. Zimmerman. When will the Traffic Committee convene on this - March 16th? (Answer: Yes.) So evereyone present interested in this item knows it will be discussed.by the Traffic .Committee on March 16tho' Mr® Zimmerman: Yes, it will be held at 2 p.m. in the Conference Room at the Police Department. There is a provision for the School Board to participate in costs of flashing lights, this is in the Streets and Highway Code, but not of crossing guards. Councilman Nichols: Mr. Wakefield perhaps you could advise us. My recollection was that the basis of the schools1position in California was the basis of an Attorney General's finding that the hiring and employment of crossing guards was a police function, that the school districts were not privileged to use school district taxes for that purpose. Is that correct? Mr. Wakefield: That is correct. The Attorney General has said the school districts are not authorized to engage individuals to cover traffic laws or to participate in law enforcement activities. So while the educational code, as you know, does specifically provide for school crossing guards in the sense it is pupil participation in crossing guard activities, they have no authority to really stop automobiles or do anything of that sort. They are simply there to warn oncoming motorists® The school district cannot employ crossing. guards or law enforcement personnel. CITY COUNCIL 2/22/71 Page Twenty-nine WRITTEN COMMUNICATIONS AMERICAN CANCER SOCIETY Motion by Councilman Nichols, seconded REQUEST by Councilman Young and carried, to grant permission to the American Cancer Society to.solicit funds from April 1 through April 30, 19710 as approved in prior years. . COMMUNICATIONS re Mayor Chappell: This item has already UNCLASSIFIED USE PERMIT been taken care of NO. 166 and VARIANCE this evening under NO. 656 Public Hearing items. COMMUNICATIONS re "MOE" Councilman Young: I move that we re - THE CHIMP ceive and file these applications. I think Moe°s problem is in the form where it belongs and any comment by this Council would be improper. Councilman Lloyd: We11)I have a comment, I always like to be improper. I think things of this nature - we110I heard the KFWP broadcast tonight and the role of the City of West Covina was at best a very bad one, public relationswise. I think if things of this nature come up I really believe we should have some sort of a system;of handling it prior to the time some reporter gets the information and the whole thing comes out that the City of West Covina is prosecuting a chimpanzee and its owners. No one has ever called mepand I don't think they have called any one else here. I, too, have a personal opinion about pets. I have no objection to them. I do know we have city ordinances which are applicable and again just as we talked to the people of the Jehovah°s Witnesses, the ordinance .maybe should or should not be changed. But I know at the present moment we have been tried and hung and haven't had a day in Court, much less anywhere else. I think this kind of activity can be foreseen and maybe forestalled by pointing out to these wonderful purveyors ahead of time4.so_that• we can preclude or prevent unwarranted comments about a City.which has, I think, maintained a pretty wide open attitude as far as I know . If you want horses - well/ how many years have we been on the horse ranch Mr. Wakefield?_. Mr. Wakefield: Too many. Councilman Lloyd: The last time we had a wild animal situation it involved a cougar or a mountain lion? Mr. Aiassa: It was a mountain lion and it had no teeth or claws. Councilman Lloyd: I think we had one animal episode involving a truly wild animal, but I don't think we are as bad as the radio station indicatedland I think we should have some mechanism to avoid this. I would like to ask staff to present some sort of solution or mechanism to handle such information wherein the City does not get a black name. That story is going to be a national wire service story, no question about itoand I think it gives the City a bad name. We are going to • get a million dollars1worth of bad publicity/ when I think a little prevention would solve part of the problem and I do think we have a problem. Mr. Aiassa: I think it stems from the Courts. Councilman Lloyd: It doesn't make any difference where it stems from. I agree with Mayor Chappell, it is the Court°s business, but the fact remains when they write the story they are not going to write it about the Court but the City of West Covina. - 29 - CITY COUNCIL 2/22/71 Page Thirty WRITTEN COM.: "Moe" the Chimp Councilman Young: The City of West Covina has an ordinance which in these communications, and I think I read everyone of them, the ordinance itself was not attacked, it was the application of the ordinance in a given situation. And I have every faith that our judicial . system will resolve this in a just manners and perhaps we should refer these communications to the City Attorney, but I think if we are going to make a referral we ought to refer the ordinance to the City Attorney and have a little inhouse thinking about the enforcement, because that is where the problem stems from. Councilman Lloyd: You misunderstand me. I am talking strictly about the public relations approach. I am not questioning the ordinance. I am just saying there should have been a press release stating why these ordinances were set this way so as to preclude the bad things that have occurred in the wire service stories and the stories that come over the radio. I am not involving myself in the legalities, because I really don't know. I don't think we have done anything wrong, I think we have handled this matter properly, I am only saying from a public relations view the City of West Covina will' receive a black eye to some degree greater or lesser on a national scale because of this going on the wire service, and what I am asking for is comments from the Council and"."I--would like to have some preventive mechanism, if indeed one is available, set up by the administrative staff so we can preclude such a happening again. Councilman Shearer: Since we have thrown it open for discussion, I wasn't going to since it is in Court. First time I heard about it was when I read it in the newspaper. To clarify the situation, what is the process? It is my understanding if someone complains - I have a guinea pig in my backyard and if someone complains that this is a wild animal, is it correct that an automatic filing with the District Attorney or can the City say we are going to do such and such, or what kind of discretion does the City have short of repealing the ordinance? Mr. Wakefield: The ordinances of the City prohibit the possession of wild animals,and there is no discretion at the administrative level to permit any deviation from that ordinance requirement. The only exception exists in the case of carnivals and circuses and things of that sort, where the animal is brought into the City on a temporary basis for the purpose of show and display andjunder those circumstances) the Police Department is authorized to issue a permit covering the bringing of the animal into the City and making sure it is properly caged and all that sort of thing. So far as the business of wild animals otherwise in the City, our City ordinance simply prohibits the possession of wild animals as such. Councilman Shearer: It is up to the Court to determine whether this is in fact a wild animal or a dangerous animal) and if somebody does file a complaint such as the next door neighbor thinking Moe is a wild • animal and he files a complaint with the City then it must be prosecuted through Court. Is this correct? Mr. Wakefield: The normal course would be a complaint would be filed, the Police Department would investigate the complaint and if) in fact) it is a wild animal, incidentially it doesn't make any difference if it is a domesticated or tamed wild animal, the ordinance simply refers to wild animals as such. Councilman Lloyd has referred to the case of the cougar or mountain lion that apparently had been def anged and had his teeth removed but it was still a wild animal, although he had become a family pet. The same is true with the - 30 - CITY COUNCIL 2/22/71 Page Thirty-one WRITTEN COM.: "Moe" the Chimp Chimp. It is not a question of whether the animal is properly caged or tamed but if it is in fact a wild animal then our Ordinance would prohibit it being in the City. Councilman Young.: I would like to suggest that my motion to receive and file either be passed or dropped • and I would offer a further motion requesting a determination or study by the City Attorney and/or staff as to a possible amendment to this Ordinance to allow some discretion in the application of it. That might then go a long way toward giving the City the control it really wants and at the same time prohibiting what is shaping up as kind of a ludicrousr- situation. Mayor Chappell: The previous motion would die then for the lack of a second. Councilman Lloyd seconded the motion and motion carried. Mr. Aiassa: Mr. Mayor, one further comment to Council. The Council should realize why this ordinance was adopted. A couple of pet. shops in the City were going to specialize in the handling of wild animals such as ocelots, etc., and also we had a family that had boa constrictors and two got out and we had quite a disturbed neighborhood. That is how the ordinance came about. ORAL COMMUNICATIONS Mrs. Sanford Grumet This is a request for a public hearing 1445 Queen Summit Drive regarding Tentative Tract No. 29126, West Covina Brutoco Development Company. Mr. & Mrs. Abernathy, Mr. Robertson, my husband and myself, are representing the two hundred property owners that signed the petition presented to the City Clerk on Friday, February 19th. These citizens are requesting a review of the MF-15 and MF-25 zoning on this property. 1 - due to the fact this zoning was approved 8 or 9 years ago; 2 - with all the multiple buildings within the five mile area there is no need for additional units; 3 - it is detrimental to surrounding and over- looking properties and their value. .Also asking to cul-de-sac Hillward and South Hills Drive for the protection of the.existing residents and their children. That it is possible to use alternate roads for circulation of traffic. On March 8th the summary of action taken by the Planning Commission at its February 17th meeting will be brought forward to the City Council. At that time we respectfully request a public hearing to discuss our objections most specifically. Councilman Young: I think there will be a public hearing automatically. • Mayor Chappell: Yes. Mr. Munsell: Mr. Mayor, that is not a normal public hear- ing. It comes before the Council under the Planning Commission report and it is not a public hearing as the Planning Commission hear. So there is no notification that goes out,nor is the public invited to participate unless the Council makes an exception at that time. Councilman Lloyd: But it ordinarily comes before us? - 31 - CITY COUNCIL 2/22/71 Page Thirty-two ORAL COMMUNICATIONS Mr. Munsell: Yes, but not in a normal public hearing. Councilman Nichols: Let's explore that a moment more, Mro Mayor. In order thatIthe petitioner does not have a misunderstanding. There will be no hearing on this item on March 8th. It is not a hearing item when it comes before the Council, is that correct? Mr. Munsell: That is correct. Councilman Nichols: There would be the opportunity to call it up at that time if Council desires? Mr. Munsell: No, your opportunity is tonight. The Council acts on the Commission's recommendation, -of approval that night, but it is not a normal public hearing item. If you wish to set it for a public hearing we have to bring it to the Council within a certain number of days. Mr. Wakefield: Mr. Mayor., perhaps I can straighten the confusion out. The Tract Map will come before the City Council for City Council approval. Now,under the Subdivision Map Act and our Subdivision Ordinance/it is not a hearing matter in the technical sense that public notice is given pzf the fact that it is before the Council and people are invited to come in and protest the matter. It comes before you in a routine fashion for your consideration. The subdivider or anyone else interested have an opportunity to express their points of view)but it is not really set as a hearing matter. The Subdivision Map Act simply contemplates that the City Council will review and approve or disapprove the Tentative Tract Map based upon the map before you and the recommendations of the Planning Commission° Councilman Nichols: Mr. Mayor, my concern is that there are people petitioning the City for action. They are people who believe they desire or would like to see the zoning changed; they do not know the procedures necessary and they may believe that in the next week or two the Council can,,at a meetingychange the zoning or do some other things that will have a significant effect on the landsand what I am attempting to do is avoid any possibility of a misunderstanding that might go out of here to a couple of hundred people that some momentous event can in fact occur. The matter of the oral communications involving the change of zoning that can't possibly be considered at that time. All the Council can do is approve or disapprove of the particular plan for the subdivision. Mr. Wakefield: That is correct,Councilman Nichols. The zoning on the property is not a matter that is before the Council and will not be before the Council in connection with the consideration of the approval of the Tentative Subdivision Map. Change of Zone proceedings can be initiated by the Planning Commission or the • City Council. but.,by petition of property owners in connection with the Tract Map, cannot get that matter before the City Council. Councilman Young: Mr. Mayor�I happened to attend a portion of the Planning Commission meeting the other ;- night and I think I was present when Mrs. Grumet addressed the Commission and,frankly)I was under the impression when we received and filed the Planning Department bulletin - in fact,,I have always been under the impression that where it is automatically reviewed by Council that this meant in public hearing, and I have learned something tonight after almost a year on this Council. I would be willing to see us accommodate Mrs. Grumet and the two hundred people she is spokesman for, within ® 32 - CITY COUNCIL 2/22/7.1 ORAL COMMUNICATIONS Page Thirty-three the limits that we can legally accommodate these people, which would be approval or non -approval of the Tract Map. That is all that would be before the Council, is that correct? Mr. Wakefield: Yes, that is correct. • Councilman Young: On that basis I would be willing to offer a motion that Item 1 of the Planning Department bulletin reviewing the Planning Commission procedures of February 17th4be called up for hearing before this honorable body. Seconded by Councilman Lloyd. Mr. Wakefield: Mr Mayor and members of Council, it is not necessary to call the item up, the item comes before you automatically for the purpose of approval or rejection. Councilman Young: But the motion is for the purpose of a public hearing. Mr. Wakefield: There is no provision in our Ordinance or the State Law with reference to the approval of subdivision maps which provides for or authorizes a public hearing. At the time the matter is before the City Council, the subdivideroor others interested may have an opportunity to express their point of view with respect to the design of the subdivision, the improvements required, the location of streets, matters of that sort, but it is not like a change of zone where public notice is given by advertisement and notices sent to the surrounding property owners. Councilman Young: Mr. Wakefield, was'the hearing then that the Planning Commission had simply more of a courtesy hearing - these people were allowed to address the Planning Commission pro and con. Mr. Wakefield: Yes, the Planning Commission itself is not required to hold a hearing as such. The tract map comes before the Council for consideration of approval or disapproval only. Councilman Young: It appeared on the agenda as a public hearing item and was so dealt with by the Commission. Mr. Wakefield: Well, again,it is not a matter that is required to be treated as a hearing matter. (It"was determined the motion made and seconded was not._a valid motion.) Councilman Young: May I suggest that when this comes before the Council-then/that the same courtesy afforded by the Planning Commission be afforded by this Council. • Councilman Shearer: I think in that regard we should make it clear that the matter we will be considering — and I got the impression when Mrs. Grumet spoke they are interested in a zone change, and this is not going to be hopefully allowed to have a rather lengthy discussion as to whether the zone should stand or not stand, and I trust.the people that come will not have this in mind and that they not testify with regard to a particular zoning matter;but rather the design and layout of the subdivision under its present zoning. It is long past the time of zoning discussion on this particular parcel or any other parcel in the City. 33 - I r CITY COUNCIL - 2/22/71 ORAL COMMUNICATIONS Page Thirty-four Marilyn Spande.au I guess this is more or less a question. It 1228 7outh Evanwood is referring to something you haven't come West Covina to yet)and that is the Traffic Committee minutes of February 16th. The question is - the Committee made recommendations to be presented to you tonight and I just want to make sure that this subject won't be closed but will be included, the subject that Councilman Nichols spoke of before about the school crosswalks. Mayor. Chappell: I think we will include all crosswalks and have them all looked over. I won't promise you thatrbut I would think that is the way it will be. Marilyn Spandeau: A1so,I have a list of the warrants that have to be met for 4-way stops/and when the whole thing is considered about school crosswalks I don't understand why there has to be an accident warrant when you can see a dangerous situation and prevent the accidents from happening. The accident warrant says 5 or more accidentspand lists types acceptable for 4-way stops, but when you can see a dangerous situation and prevent accidents; why do you have to wait for the accidents to happen? I don't e�pect you to answer that, but I would like to know why this even has to be included in warrants for 4-way stops when they take this matter up? Mayor Chappell: Just as a general answer,and we will probably be discussing it further, but someone in our City would probably want 4-way stops at every intersection in -the City and that is exactly where we would be if we didn't have some rules and guidelines to work with and work in between. This is something the Council has been very aware of and we haven't come up,with the proper answer yet. We don't think 4-way stop signs is the proper answer but in some areas it island we do put them in in some areas. We haven't given up on this item yet and will be discussing further. So have faith with US. We certainly hope no one gets injured in the meantime. CITY ATTORNEY Mr. Wakefield: Mr Mayor and members of Council, the first four items on the City Attorney's agenda are prepared upon the basis of the staff report from.the Building and Safety Director to the City Manager and City Council, which didn't get on the agenda. I hope the memorandum has been received by the members of the Council, because I was asked to prepare the ordinances on the basis of that recommendation because there was some urgency in connection with them. I mention that so Council will understand how the items got on the City Attorney's agenda and come to your attention for the first time. What the drdinance does is to adopt the two uniform codes as a part of the Ordinances of the City. The codes are adopted by reference and the only change has reference • to the procedure to be followed in.connection with the abatement of unsafe buildings and that procedure conforms to the existing procedure in our present ordinances. ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE.OF THE CITY COUNCIL OF.T.HF CITY OF WEST GOVINA AMENDING ISECTTDN'S $sl:l`Q :A AND,8110-1 'OF ;THE WEST COVINA MUNICIPAL CODE RELATING TO THE ADOPTION OF THE'�UNIFORM BUILDING CODE,1970 EDITION�AND.THE�UNIFORM MECHANICAL CODE, 1970 EDITIONo'AND MAKING CERTAIN CHANGES THEREIN REQUIRED TO MEET LOCAL CONDITIONS.-- - 34 - r" CITY COUNCIL 2/22/71 Page Thirty-five CITY ATTORNEY Mayor Chappell: Hearing no objections waive further reading of the body of said Ordinance;.. Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, that said Ordinance be introduced. • ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 8120 AND 8121 AND REPEALING SECTION 8122 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE "UNIFORM PLUMBING -CODE, 1970 EDITION-` TO MEET LOCAL CONDITIONS." Mayor Chappell:. Hearing no objections�waive.further reading of the body of said Ordinance. Motion by Councilman Young, seconded by Councilman Lloyd and carried, that said Ordinance be introduced. ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, REPEALING PART 3 OF CHAPTER I OF ARTICLE 8 CONSISTING OF SECTIONS 8130 to 8163 INCLUSIVE AND ADDING A NEW PART 3 TO CHAPTER 1 OF ARTICLE 8 TO THE WEST COVINA MUNICIPAL CODE ADOPTING THE"NATIONAL ELECTRICAL CODE, 1968 EDITION" AND ADOPTING CERTAIN ADDITIONS THERETO REQUIRED TO MEET LOCAL CONDITIONS AND CONSTITUTING THE ELECTRICAL CODE OF THE CITY." Mayor Chappell: Hearing no objections waive further reading of the body of said Ordinance. Motion..by Councilman Young, seconded by Councilman Lloyd, and carried, t`o'introduce said Ordinance. Councilman Young: Mr. Mayor, I would like to make a comment commending Mr. Fowler on reducing a complicated subject to something you can understand. Mr. Wakefield: Mr. Mayor - before these Ordinances may be finally adopted by the City Council it will be necessary to give.public notice of a hearing where. anyone who desires may come and object to the adoption of the ordinances. I'have di®cussed the matter with the City Clerk,and we have selected the date .of March 22nd as the date of the hearing ands if satisfactory to ,Council, the Clerk should be instructed to -give notice of the -public hearing for that date. The hearing would be applicable to the three ordinances introduced tonight. So moved by Councilman Lloyd, seconded by Councilman Young and carried. ORDINANCE NO. 1155 The City Attorney presented: • ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 2410 OF THE WEST COVINA MUNICIPAL CODE RELATING TO OFFICES AND EMPLOYMENTS IN THE EXEMPT SERVICES." Mayor Chappell: Hearing no objections waive further°reading of the body of said Ordinance. Motion by Councilman Shearer, seconded by Councilman Young, :to adoptsaid Ordinance. Motion carried on roll call vote as follows: \ 35 - CITY COUNCIL 2/22/71 Page Thirty-six CITY ATTORNEY AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None ORDINANCE NO. 1156 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 3191 OF THE WEST COVINA MUNICIPAL CODE, RELATING. TO A DECREASE IN MAXIMUM SPEED LIMITS (Amar Road)." Mayor Chappell`: Hearing no objections1waive further reading of the body of said Ordinance. Motion by Councilman Young, seconded by Councilman Lloyd, to adopt said Ordinance. Motion carried on roll call vote as follows: AYES': Councilmen Shearer, Nichols, Young, Lloyd, Chappell NOES: None ABSENT: None WATER SERVICE AGREEMENT Mr. Wakefield: The next item simply is an informational item. I have prepared a draft of a proposed agreement between the City and the Suburban Water -_SSr -tems relating to the furnishing of water to Cortez Park. The agreement is generally acceptable to Suburban. They have submitted a rate schedule to the I►ublic utilities Commission for approval which would authorize the preferential rate provided for in the agreement. As soon as the �ublic Utilities have acted on that tariff rate we will proceed with the City approval. CITY MANAGER TRAFFIC COMMITTEE MINUTES (Council reviewed minutes,) February 16, 1971 f� Councilman Nichols: I would like to call attention of the Council to Page 8 of the minutes. This was the.request made of Council by the lady that tpoke a few minutes ago on the crosswalks. The ladies involved have gone now, so I can't be accused of playing to their particular concerns when I mention this is the kind of problem which is frustrating to the citizenry, when dealing with governments at all levels. I think it is a.case where we should all - staff and council - take a close look. The recommendations that have come out of this party°s request, to the Council are the same recommendations that come out again'and again. In fact they are almost the same recommendations that came out the last time a group of mothers came in on this same particular cross- walk. And I don't mean to sound too severe but the citizens,tend to become aware that all that is happening on this is that they are getting a joyride as an answer. There are four recommendations listed herejand they are listed in all good sincerity;- but not bne has even the remotest prospect of providing any assistance to the hazards that exist there. I would commend to you to read each one over. No. 1 - where the, very accompanying study on 'Page 2 indicates at the beginning of --the last paragraph, "As can be seen from the above study, observance of the 25mph speed limit is practically nil.`" We put a radar car down there for two or three days) and the kids • from the high schools slow down their vehicles and then the radar leaves and the speed is right back up to where it was before within just a few days. No. 2 -j0we request the high school to post notice that the street speed limit will be enforced." We hope it will be. No. 3 -"that we ask the high school to schedule classes to minimize the conflict." It is a literal impossibility to do this sort of thing. No. 4-16that a Police Officer be assigned to instruct students." We are concerned,with 5 year olds, 6 year olds and 7 year olds and I instruct them month after month, and year after year -Edon°t ride double on bikesg we have safety assemblies and they go right out on their bikes and ride double. So)'having an officer come over once and awhile wearing a.....uniform will not really - 36 - CITY COUNCIL 2/22/71 Page Thirty-seven CITY MANAGER: Traffic(Committee Minutes answer these problems, and this is why I feel we need to take a fresh look at these kinds of problems instead of dealing in what has almost become a series of platitudes in answering the concerns of the public. I think their concerns are legitimate and I think our problems in answering are legitimate)but I don't think we will • reduce this flow of concerned people to the Council until we come up with other answers than let's instruct the officers to enforce the speed law. That is just not a good enough answer, anymore, and I hope we will certainly try and come up with something different. Councilman Shearer: I think that in that regard there is better communication on the part of Council needed. I think the recommendations coming out of the Traffic Committee are based on warrants that have been established, warrants that have been tested in criteria that the engineers and police department must use. I think if the Council wants to indicate a desire to place stop signs wherey from an engineering study they are not warranted, signals where they are not warranted, then I think it is up to us to indicate to this Committee that this is what we want. We want something beyond the cookbook answer, plus the fact that we are willing to appropriate the money for it, whether it be crossing guards or signals or whatever. These things do not come cheap. Flashing yellow lightsdon°t come cheap. If we want something done maybe we need to consider a special tax for this particular activity. I think we need to indicate to the community that they are not held by the various warrants that cover these situations. Councilman Nichols: I certainly take your comments well. I think they are well made. I think the greatest continued concern is the budgeting concern. And the City Manager and staff are well advised to consider carefully hiring $1600. crossing guards at each crossing when a group of parents come in. In factoit is this very crossing that I have found myself in hot water with my own parents as a principal of the school, because I have to stand before them and say in good conscience I cannot go to the City and say we should expend funds for a crossing guard. It has been a very difficult issue and the parents are not�of courselaccepting my recommendation/either as a school principal or a councilman and that is why they are here and I am equally aware of these budgetary problems; but I am saying that I feel very strongly that we need to,-l-ook for new answers, where they may be I don't know, and how much cost is involved I don't know, but I am thinking of perhaps new painting devices. All we do is give exactly the same answers back)and we are not satisfying the public. Councilman Shearer: On the first request, the request was for two W 28 R "Yield Ahead" signs, but the findings and recommendation covers only one. Does that mean the other one is to be dropped? Mr. Zimmerman: That is an oversight Councilman Shearer, thank you! The second item was actually added to the agenda .at the meeting and was evidently not picked up in the original recommendation when typed. Councilman Shearer: One of the comments on the last recommenda- tion - and what caught my eye was Mr. Zimmerman ° s "no" vote .:_ on -..the right turn intersection south - bound Glendora to north -bound Vincent. I can't disagree with the fact that it might be somewhat hazardous although I made that particular turn in my car and I have a rather long wheelbased car, plus the fact that traffic stops-- and there is no conflict of tr'affic,so I fail to see putting up another sign to say don't do something that I am. not sure really isn't the problem. Granted - 37 - CITY COUNCIL 2/22/71 Page Thirty-eight 'CIiPY MANAGER: Traffic Committee Minutes they should use the>channelization provided rather than go past but now they are up there and forgot to turn and the sign says now you can't. I-.don°t see the reason for prohibiting when."in my opinion that isn't the hazard. If we want to put a sign up there the most__ -it should be is a "no right turn"on the red"0which . would eliminate the possible conflict of a person making a legal right turn with traffic coming from the.other direction. I would be glad 'to hear the other side, although Mr.. Zimmerman is the only one here and he voted like I am saying. Do we request that this go back for further study? Mayor Chappell: Yes, just make.the motion. Motion by Councilman Shearer requesting that the "no right turn" at Glendora and Vincent be given a little further study. Seconded by Councilman Young and carried. Motion.by Councilman Young, seconded by Councilman Lloyd and carried, to acoept as qualified by prior motion, the receiving and filing of the Traffic Committee Minutes of February 16, 1971. CULVER CITY :Councilman Young:.._'- I move we receive RESOLUTION and file the Culver City Reso- lution regarding Municipal Liability Insurance. I would like to make a suggestion on this and Item 3. Apparently we have had a staff study. When we get these resolutions by the dozens I think we should stop making a study of all of them and putting all of them on the agenda and just put them into informational packets and if the Council wants it studied and put on the agenda and brought before Co,LAhcil for whatever reason he might have he would have the opportunity at the time of the Council reports. Mr. Aiassa: Mr. City Attorney, can that be done? Mr. Wakefield: Yes, it would be perfectly appropriate simply to send the resolutions of this sort as information items to the Councils and if any member wishes to bring it up for further study by staff he can do so. Mayor Chappell: Councilman Youngs does this motion -also cover the City of San Mateo resolution referring to the establishing of a different assessment ratio for single-family dwellings? Councilman Young: Yes, both items. Seconded by Councilman.Shearer and carried. Motion by Councilman Young to withhold further resoluti(ms from other political parties from Council agenda unless specifically requested by a member of the Council. Seconded by Councilman Lloyd. Mayor Chappell: We still will get the document to look at? Mr. Aiassa: Yes,you will get copies of all documents. Councilman Nichols: Your motion is not intended to preclude the staff from bringing up resolutions that they fear Council might not bring up? Councilman Young: Oh,no! Councilman Nichols: I think it is a brilliant suggestion. a■ Motion carried. - 38 - CITY COUNCIL •2/22/71 Page Thirty-nine CITY MANAGER WILLIAMS & MOCINE Councilman Shearer: A question, Mr. Mayor. STATEMENT I have seen a lot of these statements in the.past few months, but when are we going to get something substan- tial in report form? • Mr. \Aiassa: In about two weeks. We are working on J.C. Penney"s-t and up to now we have a favorable input and Mr. Williams has done quite a bit to help make this feasible and that is part of this expense® Councilman Shearer: I wasn't complaining/but just wondering when we will see something in this area. Motion by Councilman Young, seconded by Councilman Lloyd, <t_o.ap.pro.ve, the payment of Williams and Mocine statement in the amount of $1,476.00. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloydp Chappea.l- NOES: None ABSENT: None APPLICATION FOR�EXCHANGE Mr Aiassa: It appears this OF ALCOHOLIC BEVERAGE man- is.•,requesting CONTROL LICENSE a change in his ;(Water.heei) operation, dividing the restaurant from the bar. He doesn't want to keep the restaurant open when he keeps the bar open. I believe the City Attorney can give the Council further information on this matter. Mr. Wakefield: Mr. Mayor and members of Council, it was sometime ago, maybe a year ago, when the City Council asked the Planning Commission to initiate proceedings to amend our zoning ordinances to restfict ABC licenses within the Civic Center area to licenses that were operated in connection with a bona fide eating establishment. That matter has not been processed but I am advised that the matter will be scheduled for hearing before the Planning Commission at its first meeting in April. As a result/what we have is a proposal by an establishment that does have a license to operate an on -sale establishment)in connection with a restaurant asking to disassociate the restaurant from the on -sale license premise. The appropriate action seems to be for the City Council to request the Chief of Police to protest the operation of the license on .the basis that the City has under consideration a change in its zoning ordinance to limit the use of premises within the Civic Center area to on -sale l censes operated in connection with a bona fide eating establish- ment. Thislat le ast1would get the matter before the ABC Board with an opportunity to make a determination one way or the.othero I might add that a part included in the motion made by Council pre- viously was also to provide for a 10 year amortization period for existing on -sale licenses that were not operating in connection with a bona fide eating establishment. So the subject will be covered by the proposal that will be considered by the Planning Commission in April andoin the meantime)if Council desires you may instruct the Chief of Police to protest this change in the license of the Water Wheel, Councilman Shearer: Mr. Mayor, I am interested in the state- ment in the letter by Chief Sill - "I talked to the ABC people in E1 Monte and they in turn have discussed this, etc., and feel we may have a motion for denial if a valid ordinance is in effect by March 8th.1' Does this mean we have to pass an emergency ordinance to make this effective,or did I miss something in your presentation - Mr. Wakefield? Mr. Wakefield: I had not seen the Chief°s report and I did not realize that what he was proposing 39 - 9 CITY COUNCIL 2/22/71 CITY MANAGER: Water Wheel Page Forty was limited to an existing ordinance. I had understood that the fact the City was considering a change in its Ordinance would be sufficient basis for protest. If that is not the case then the only alternative would be to adopt an emergency ordinance. Such an ordinance could be adopted for a period of 90 days. We would not get it before the City Council now until the meeting of March 8th. Councilman Nichols: The wording of the Chief of Police tends to put this back into the lap of the City Council. I feel when he says "it depends on how strongly the Council feels..,.°' it seems to me if we launch into some type of emergency action to try to prevent this separation: -of business we are discriminating very highly against ``one business operation in a geographic area where there are other businesses of a similar nature operating separately. It seems to meffurther/_that if we hopefully do provide for this with a 10 year amortization period it should apply equally to all businesses and as their status may be at the time that law goes into effect. So I would not propose to protest this unless that protest were based on a poor operation)or on a complaint in some area such as has., come to us in the past from the Chief. Councilman Young: I agree with"Councilman Nichols. I think the strongest thing the Chief says is the violation here is a technicality,,and what difference does it make if it is under separate management? Mayor Chappell: It seems to me a long time ago that this Council voted that the eating establishments in this area would be a restaurant combined, and also voted to have the 10 year provision go into effect. I didn't know we hadn't voted on it. We certainly talked about it enough. Mr. Wakefield: The Council did take the action to initiate the proceedings through the Planning Commission, but again it is one of those things that requires a change in our zoning ordinance and will have to come to the City Council based on a recommendation from the Planning. Commission. Councilman Young: Well, they are combined in this case; it just happens to be under separate manage- ment. I don't see that the intent of the City is violated. I will make a motion that there be no protest. Seconded by Councilman Nichols, and carried; Councilman Lloyd voting "no". SIDEWALK ON SOUTH SIDE Mr, Aiassa: I would like to advise OF CAMERON..,. Council that we are advancing our 5-year program to place a sidewalk on the south side of Cameron from the end of the eastern portion of the First Baptist Church to Lark Ellen, so when students are walking on the south side they don't have to have an intermediate crossing there but can go to,an automatic signal.. This will help to solve some of our crossing problem and I further want to advise that we have amended our 5-year plan and this will be coming forth in the'71 272 fisal year budget. FIREMENS° ASSOCIATION Mr, Aiassa: One further item which is EMPLOYEE RECOGNITION partly informational. The Fire Department has applied for proper employee recognition and it has to go to the Personnel Board for recommendation to Council. I have made copies for the Council. I would like to have the Council, by_motion, refer to the:'Board for formal recognition the petition of the Fire Department. 0 4 • CITY COUNCIL. 2/22/71 CITY MANAGER Page Forty-one So moved by Councilman Young, seconded by Councilman Lloyd and carried. CITY CLERK MERLE MATZENBACHER Motion by Councilman Young, seconded by 1140 South Shasta Councilman Ll,byd and carried, to refer. REQUESTS MAIL ORDER this.•reglest'to staff. BUSINESS LICENSE DROP -IN FREE CLINIC REQUEST FOR EXEMPT NONPROFIT BUSINESS LICENSE exempt I_statUS with the AMERICAN FREEDOM -FROM, HUNGER FOUNDATION PARADE PERMIT REQUEST MAY .8, 1971 Motion by Councilman Young, seconded by Counclm.an.Lloyd and carried, to grant .approval to the DROP=IN FREE CLINIC for exempt nonprofit business license, subject to their qualification for tax - Internal Revenue Service. Motion by Councilman Young, seconded by Councilman Lloyd and carried, to:r.ef.er. this request to the City Attorney. ABC APPLICATIONS Motion by Councilman Shearer, seconded by Councilman Lloyd and.carried, that there be no protest on the ABC application of Leroy Rufus Cook and Doris May'Cook dba as 7/Eleven located at 2887 E. Valley Boulevard. Motion by Councilman Shearer, seconded by Councilman Llo,�d and carried, that there be no protest filed on the.-ABC,,.application of James Britt, dba Eastland Lanes, located at 2714 East Garvey Avenue. CITY TREASURER'S REPORT Motion by Councilman Young,�,vseconded by January, 1971 Councilman Lloyd and carried, to r6c.e:ive' and .file City Treasurer's report of January, 1971. MAYOR'S REPORTS PROCLAMATIONS Mayor Chappell.: We have a request to —proclaim National Poison Prevention Week, March 21-27, 1971 and if there is no objection. I will so proclaim. (No objections.) Alsolhave a request Week, February 21-27, 1974 and if there is no proclaim. (No objections.) They also want Hall, - cantake care of that Mr. Aiassa? COMMITTEE Councilman Lloyd: COUNC2h REPORTS . Councilman that is interested. to proclaim Engineers, objection. I will so to use a room at City (Answer: Yes.) I just wanted to announce that I am prepared to give flying lessons to any Councilman Young: Two things, Mr. Mayor. Number 1, I have broken the precedent here and flown with Councilman Lloyd,and he is a highly capable pilot because we got there and back and we are here. The other item is Dorothy Davis, the mother of Hillard Davis, a familiar name on the West Covina High Basketball team, called me regarding her subcommittee on the Goals Committee of the West Covina Schools and that subcommittee is to share the responsibility between the schools and the community and she wants a joint meeting with City Council on a Monday night, as convenient. I suggested to her that perhaps it would be better to schedule a meeting with her subcommittee and invite the City Council to attend - 41 - CITY COUNCIL 2/22/71 Page Forty-two COUNCIL COMMITTEE REPORTS and she countered what about the Brown Act if more than two show -up. So I promised to bring it to you. This is the Subcommittee of the Goals Committee of the West Covina School District, and that is a Committee that Harvey Krieger heads and which,,apparentlylis involving about every citizen in the City of West Covina. Perhaps Councilman Nichols might comment) they are formulating goals for the schools. This Committee combines school and community sharing responsibility, and we are the representatives of the community. Councilman Nichols: Mr. Mayor - I think a representative of the Council such as Councilman Young? Mayor Chappell: Councilman Young since you have' rapport already. Councilman Young: You gentlemen are entirely too kind. I will report back to Mrs. Davis. Mayor Chappell: I will go with you)Mayor Pro tem Young) if that will help. DEMANDS Motion by Councilman Young, seconded by Councilman Shearer, approving demands totalling $328,684.02 as listed on Demand Sheets C758 through 760. This total includes payroll. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell . NOES: None ABSENT: 'None ADJOURNMENT. Mayor Chappell: We have a request for an adjourned joint meeting on Monday, March 1, 1971, with the Human Relations Commission at 7:30 P.M. This was set up prior to now. May I have a motion to adjourn to that date, ora Fdiscussion of it? So moved by Councilman Nichols, seconded by Councilman Lloyd, and carried, to 'adjourn at 11:40 P.M. to March 1, 1971 at 7:30 P.M. APPROVED: MAYOR ATTEST: 40 I CITY CLERK � 42 -