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01-14-1974 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JANUARY 14, 19 �,3 : /-/ The regular meeting of the City Council called to order at 7:30 P.M. in the West Covina Council Chambers by Mayor Jim Lloyd. The Pledge of Allegiance was led by Cadets Margaret Spencer, Janice and Sidney Ping of Girl Scout Troop #771. The invocation was given by the Reverend Charles R. Simmons of the United Methodist Church. ROLL CALL Present: Mayor Lloyd; Councilmen: Young, Nichols, Shearer, Chappell Others Present: George Aiassa, City Manager George WFlkefield, City Attorney Lela Preston, City Clerk George Zimmerman, Public Service Director Leonard Eliot, Controller Michael Miller, Planning Director John Lippitt, City Engineer William Fowler, Dir. of Bldg. & Safety Clarence Markham, Administrative Janet Williams, Administrative Interne Mike McDonnell, Staff Reporter - S.G.V.D.T. APPROVAL OF MINUTES December 3, 1973 Motion by Councilman Shearer, seconded by (Adj. Reg. Mtg.) Councilman Young and carried, to approve December 10, 1973 minutes of meetings. December 19, 1973 CONSENT CALENDAR Mayor Lloyd explained the procedure of the Consent Calendar items and asked if there were comments on any of the following items: 1. WRITTEN COMMUNICATIONS a) ASSEMBLYMAN JULIAN C. DIXON 63RD DISTRICT b) COUNTY OF LOS ANGELES 1973 GRAND JURY Requests support of AB 594 which would require a deposit on'beer and soft drinks containers and would also ban any metal contain- ers so designed that part of con- tainer is detachable without aid of can opener. (Council) Requests comments and recommenda- tions in connection with study of the problems of the aged. (Refer to Staff) c) BURT PINES, CITY ATTORNEY' Re a taxpayers' action in con - FOR CITY OF LOS ANGELES nection with cities receiving contract services from the County of Los Angeles. (Council and City Attorney) d) SUPERVISOR PETER SCHABARUM Re schedule of meetings for City Council to attend Board meetings to become familiar with the operations of the County Board of CITY COUNCIL CONSENT CALENDAR - Cont'd. e) LOCAL AGENCY FORMATION COMMISSION f) MR. & MRS. JOSEPH C.PARTISE 201 N. Shadydale Avenue West Covina 2. PLANNING COMMISSION a) SUMMARY OF ACTION b) SUMMARIES OF ACTION OF ADMINISTRATIVE REVIEW BD. 3. PERSONNEL BOARD a) MINUTES b) ACTION ITEM 4. HUMAN RELATIONS COMMISSION SUMMARY OF ACTION Page Two 1/14/74 Supervisors. (Council selection of Representative.) Notice of Public Hearing on January 23, 1974, re Proposed Easterly Annexation District No. 75 to the City of Covina. (Receive and file) Re x-rated films and censorship. (Receive and file) January 2, 1974. (Accept and file) 1) Slight Modification No. 75 - D.G. & A. DeNeve (Denied 12/10/73) 2) Slight Modification No. 76 - Steve Novarro - (Denied 12/17/73. Appealed by Applicant) (Refer to Hearing Item B-3.) December 4, 1974. (Receive and file) From January 8, 1974 meeting; (Refer to City Attorney Agenda Item No. F-6) December 20, 1973. (Receive and file) 5..CLAIMS FOR DAMAGES FILED WITH CITY CLERK a) SAMUEL E. KLAY aka KLAYTOR Patten, Faith & Sandford, Attorneys Re alleged wrongful and unlawful arrest and seizure. ,(Deny and refer to City Attorney and Insurance Carrier) b) LUCILLE BYNUM 819 N. Yaleton Avenue West Covina c) J. J. NEWBERRY CO. 6. ABC APPLICATION: Manhar Ambalal Patel 227 S. Bandy Ave., #6, West Covina Re _collision with Police Unit 12/11/73. (Deny and refer to City Attorney and Insurance Carrier) Application for Leave to Present Late Claim re alleged damages in connection with redevelopment within the West Covina Fashion Plaza. (Deny and refer to City Attorney) Chief of Police requests AUTHORIZATION TO PROTEST. dba ROCKVIEW DAIRY 551 E. Vine Avenue 7. ACCEPTANCE OF IMPROVEMENTS AND/OR RELEASE OF BONDS a) UNCLASSIFIED USE PERMIT LOCATION: Fairway Lane, N/O Garvey NO. 174 - ACCEPT STREET Avenue. IMPROVEMENTS Accept Street Improvements and SUBURBAN WATER SYSTEMS authorize release of cash deposit in the amount of $350. (Staff - 2 - CITY COUNCIL CONSENT CALENDAR - Cont'd. b) UNCLASSIFIED USE PERMIT NO. 182 SAM MENLO 8. ADMINISTRATIVE ITEMS Page Three 1/14/74 recommends acceptance and release. LOCATION: South side of Cameron Avenue, W/O Glendora.Avenue. Accept sidewalk and street im- provements and authorize release of Pacific Employers Insurance Company Performance Bond No. M-147,920 in the amount of $2,200. (Staff recommends acceptance) a) PROJECT NO. SP-73006 Location: Citrus Street, Cortez INFORMATIONAL PROGRESS REPORT Street to Walnut Creek Wash. (Receive and file Engineer's report) b) LOS ANGELES COUNTY FLOOD Construction schedule for 1974- CONTROL DISTRICT 75. (Receive and file Engineer's (INFORMATIONAL) report) 9. TRAFFIC COMMITTEE MINUTES MINUTES 10. CITY TREASURER'S REPORT December 18, 1973. (Accept and File) Month of November 1973. (Receive and file) Richard Smith Representing Fire Fighters. I would Local 986 like to speak on Item 3(b); however it Business Representative is also listed as City Attorney agenda Teamsters Union-t:. item F-6 and if I may I would like to speak on it at that time. (Council had no objection to Item 3(b) being removed from the Consent Calendar and referring.to City Attorney Item F-6 and Mr. Smith's comments made at that time.) . Charles E. Hamilton I am referring to an item within the 930 S. Holly Place Traffic Committee minutes. My son is the West Covina boy that was struck on October 18 in front of the West Covina High School in the cross walk. I went by there yesterday and almost three months have passed and I see no change in any safety features between October 18 and the present time. I had sent a letter to the Council requesting that a pedestrian signal be installed at that area but so far I have had no response from the Council in that regards. I am wondering.,if they are going to do more. Mayor Lloyd: We responded to the issue and I . apologize, we should have responded to you personally. Mr. Aiassa, do you remember what action we took? Mr. Aiassa: Yes, I believe the Traffic Committee was going to do another evaluation after we received Mr. Hamilton's letter to see if there was a possibility of using other safety devices and we are now still reviewing the study plan of what they can do. - 3 - CITY COUNCIL Page Four CONSENT CALENDAR - CONT'D. 1/14/74 Mayor Lloyd: Mr. Aiassa, would you be so kind as to remind me to get a letter back to this gentleman, so he knows we are consider- ing it. I apologize, we normally get a letter back to you letting you know that we are considering it. Mr. Hamilton: One of the items that I was told is under consideration is the removal of that cross walk rather than the installation of the pedestrian signal. Mayor Lloyd: Right and we understand what your recommendation is, which is the installa- tion of a traffic signal at that point. Mr. Hamilton: A pedestrian signal. Mayor Lloyd: Whether or not we do that there will be a staff study and you will be afforded an opportunity to come again and speak if you so desire. In the meantime I am sorry we did not respond to you personally by letter. In the meantime staff has it under con- sideration and they will make a recommendation to this body. We will not take any action regardless of what it may be - whether it is to do what you ask or not do what you ask, in any event you will have an opportunity to speak to it. Councilman Nichols: Mr. Mayor - may I suggest that Mr. Aiassa have the appropriate staff members involved in this matter, contact this gentleman in the next few days and invite him to come in and they go over with him the progress that has been made so far and explain all of the meetings that have taken place with the PTA and so on and are still going on, so he can assure himself that Mayor Lloyd's statements are correct. I think certainly as the fatherr:of this youngster he is entitled to have a personal briefing from someone in a responsible position that will relate to him those steps that have gone on and are still going on at this time. Mayor Lloyd: Mr. Aiassa - no problem? (Mr. Aiassa indicated it would be handled.) Is there anyone else that wishes to speak on any of the Consent Calendar items? Councilman Nichols: Mr. Mayor, one of the items on the Consent. Calendar, 1(a), states only "Council", which seems to request some action from us. I, for one, am very much supportive of this con- cept, one that has been implemented already in the State of Oregon and indications are very successfully so. Essentially this is a request for support by Senator Dixon of AB594, requesting that the State of California enact legislation that would require a deposit on beer and soft drinks containers and also ban those containers that have bits of metal that can be separated from the can and disposed of on our terrain. I think this matter is over- due. I would like to ask the Council to respond to his communica- tion to us in a supportive manner. Councilman Shearer: Mr. Mayor, since' --the organization that I supervise has the responsibility for picking up a lot of these along the highways I would certainly second Councilman Nichols' suggestion and if he made a motion I would second it. - 4 - • CITY COUNCIL CONSENT CALENDAR - Cont'd. Page Five 1/14/74 Councilman Young: Mr. Mayor, I have given this considerable thought and my first reaction was negative because I really dislike measures that tend to interfere with the freedom of enterprise, merchandising of products and so on, but at the same time we had brought to our attention dramatically at this time that we bring a halt to the economy that is based on waste and this is a waste economy that is being merchandised. You measure those two compet- ing interests and therefore I have to go along with Councilman Nichols and Councilman Shearer. Councilman Nichols: The one requirement being suggested in this legislation that isn't being restricted in terms of free enterprise is the one which says let's stop making cans where you can pull the top part off and throw it away on the ground and the other aspect is a motivational type of thing which is simply to charge a deposit on these vehicles. Councilman Young: It follows almost a reclamation in the recycling of their use. Councilman Nichols: Which is generally accepted as being a very good thing to retrieve these alumi- num cans and in fact we have many recycling things in operation already. If the recipient wants to throw away his 6(, or 10(, deposit or whatever it is that is still his privilege and it forces him to pay for his right to be a litterbug. Councilman Young: And it will give the kids a great incentive to go out and make 5 or 10(,4. Councilman Nichols: Absolutely and I have collected many a bottle in my youth at a penny apiece and found it very motivating - I think we better get back to that attitude. Motion by Councilman Nichols that the City Council go strongly on record in favor of AB 594; seconded by Councilman Shearer.-.-,.,..',, Councilman Chappell: Mr. Mayor, I was going to pointout one thing on the pop top can - what would be the next thing probably you could not have pop top or screw cap bottles and I think maybe this is. getting a little bit too restrictive. I agree with bottles being brought back for reclamation but I just wonder how we could really enforce that type of a restriction when perhaps the manufacturers are now geared to that kind of process. So maybe we are getting a little bit too restrictive here, but I certainly agree with the philosophy of getting the bottles and cans back into that recycling position. Councilman Nichols: I bet if you charged a penny a cap you would not find caps lying around in this town or any other place. In terms of restrictiveness what you are saying in.effect is that in asking a deposit on these items you are saying in effect by law of the State that they belong to the manufacturer and there is a request for a return at such and such a figure. If it would be considered a restrictive act perhaps it is one of the restrictions we need in our culture. I think it has a corollary value that begins to impress upon our youngsters, who are many times the users of the pop top cans, the concept that we do need.to save things, we do need to put a value on things in our culture and the response to that concept will involve no financial penalty on no one. Like you, Councilman Chappell, I am much opposed to those kinds of restrictions - 5 - CITY COUNCIL Page Six CONSENT CALENDAR - Cont'd. 1/14/74 that are without major purpose or that serve no good end, but I think we are at the point in our own community, in California and in the nation, that we have to start saying - Let's stop cluttering up our atmosphere, our cities, and our States with these kinds of debris. Motion carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd is NOES: None ABSENT: None Councilman Young.: Mr. Mayor, a further comment. I mentioned this. -before in regard to the Consent Calendar items that say "Council" or "Council and City Attorney", and we pass the thing routinely and we still actually haven't done anything. Item 1 (c) says "Council and City Attorney", I think we ought to do something other than pass it on the Consent Calendar. Likewise Item 1 (d). And I have a question with regard to Item 5 (a). First of all I would suggest that items 1 (c) and (d) be removed from the Consent Calendar and Item 5 (a) contains a statement that the claim involved here was dismissed at the arraignment of Mr. Klay or Mr. Klaytor because the complaining witnesses were not present. Complaining witnesses are not supposed to be present at the arraignment they only appear at the trials. So it really doesn't make sense to me. I do have some familiarity in these procedures, arraignments are not the place you expect wit- nesses to be. So there must be something involved here other than stated. I don't think it is actually worthy of a prolonged dis- cussion at this time because the claim is made and they have to act on it but I am not at all satisfied with the basis that has been presented to us for doing that. And with respect to Item 6 (a), that is the ABC application at the location across the street from the church I am an officer of and I know that church is in great opposition to this application, so I would suppose then I have a conflict of interest and I want that recorded that I am having no participation in the discussion or voting of that particular item. Councilman Nichols: Mr. Mayor - it is my understanding then that Items c and d of the Written Communications would be withheld from the Consent Calendar and -.Council has already taken action on Item 1(a). I would concur with Councilman Young that in terms of Item 5(a) it would be desirable for our City Attorney to look at this matter and provide some subsequent information for the Council and I further concur with Councilman Young that the action tonight should be a routine action. Motion by Councilman Shearer that Council approve Consent Calendar items 1 through 10 with the exception of Item 1(a) that has been acted on, and Items 1(c) and (d) which have been withheld. Seconded by Councilman Chappell. Motion carried on roll call vote as follows: AYES: Nichols, Shearer, Chappell, Lloyd • NOES: None ABSENT: None ABSTAIN: Councilman Young - Item 5(a) only, voted "aye" on balance of Consent Calendar. ITEM 1(c) Mr. Wakefield: Mr. Mayor and members of City Council, this particular communication from the City Attorney of the City of Los Angeles points out that the City Council of. the City of Los Angeles has instructed the City Attorney to bring an action against the County of Los Angeles in'Athe nature - 6 - r� U 1 CITY COUNCIL CONSENT CALENDAR - Cont'd. Page Seven 1/14/74 of a taxpayers' action and a territorial relief seeking to determine the validity primarily of those rates and charges established by-'-' the County for Sheriff's services provided to con- tract cities. (Explained) The City Attorney invites other cities to file. similar actions or I suppose he would not be adverse to intervening in the action.which the City of Los Angeles is bringing to challenge this matter. As I see it the City of West Covina will benefit from what determination is made in the action proposed to be brought by the City of Los Angeles when that matter is finally resolved by the Courts. It would be possible for the City of West Covina either independently or concurrently with the City of Los Angeles to join in and bring action to test this matter. Councilman Nichols: than is the City of West participation of the City us in some litigation and encourage the City of Los and direct that the Mayor Covina's paternal support In that the City of Los Angeles on the surface of it is much more able financially to test this kind of problem Covina, I do not advocate a direct of West Covina because it might involve fees beyond our capability so I would Angeles to proceed at their own expense by letter indicate the City of West of their efforts in this area. Councilman Young: Mr. Mayor, I think that is a wise way to go and in return we might get an invitation to participate financially which we can consider at that time, but I agree and under those circumstances I move that we direc t that the Mayor send such a letter and receive and file the communication. Seconded by Councilman Nichols and carried. ITEM 1(d) Councilman Young: Mr. Mayor, with regard to Supervisor Schabarum's request of a schedule of meetings for City Councils to attend Board meetings I think West Covina certainly should be represented by as many Councilmen as.possible, and I am sorry to say I will not be able to go because of other requirements on that particular day. Mayor Lloyd: Yes, I think it is an excellent idea and Supervisor Schabarum has invited us for a tour; however, Councilman Shearer is down there and unless somebody really desires other than he I would make a recommendation that he be our representative. (Councilman Shearer indicated his willingness to attend; Councilman Chappell indicated he would also attend.) Mayor Lloyd: Mr. Aiassa, I think a response by letter indicating that Mayor Pro tem Shearer and Councilman Chappell will be our representatives and will be in attendance, and include in that letter our support of the program and the fact that some of the rest.of us are unfortunately committed during the middle of the day. PRESENTATIONS COMMENDATION PLAQUES to Samuel Sornborger Damon Petta John Q. Adams Verne Cox Chuck Stearns Mayor Lloyd: Commissions or some of them h period of time. men personally long service t Each of these men have served on Boards in our City and - 7 - CITY COUNCIL Page Eight Presentations 1/14/74 a tremendous job in a very difficult time and I think it is through their personal efforts that we have done such a lot for the City of West Covina. (Mayor presented plaques of Commendation to Samuel Sornborger for serving on the Personnel Board; Chuck Stearns, serving as advisor to the Youth Advisory Commission; Damon Petta serving on the Recreation and Park Commission; John Q. Adams and Verne Cox, serving on the Planning Commission.) I thank you all very much. (Comments followed by each Councilman commending each individual receiving a plaque and giving some of the background history on each man.) PUBLIC HEARINGS ZONE CHANGE APPLICATION LOCATION: NE corner Citrus Street and NO. 487 - THE MAY STORES San Bernardino Freeway. SHOPPING CENTERS, INC., REQUEST: Change of Zone from R-A (Residential -Agricultural) to R-C (Regional -Commercial) on a 1.28 acre parcel used as off -ramp and now declared surplus by State of California. Recommended by Planning Commission Resolution No. 2504. (Proof of Publication on January 3, 1974. received. Four notices mailed on 1/2/74) Mayor Lloyd: Madam City Clerk, do we have proof of mailings? City Clerk: Yes sir. Mayor Lloyd: Have we received any communications? City Clerk: None. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE APPLICATION NO. 487. IN FAVOR Hnay j ames bogis Manager Eastland Shopping Center West Covina (Sworn in by City Clerk) Mr. Mayor and members of Council, we urge you to grant us this Zone Change so that we may better serve the people and the City of West Covina. We-`Chank you for allowing us to speak to you at this time. THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED. Motion by Councilman Young to approve the request; seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None UNCLASSIFIED USE PERMIT LOCATION: 2210 S. Azusa Avenue NO. 71, REV. 5 (AMEND- REQUEST: Clarification of conditions MENT) B.K.K. COMPANY set forth in Planning Commission • Resolution No. 2311. Approve with modifications by Planning Commission Resolution No. 2503. Appealed by,Applicant on December 7, 1973. (Proof of Publication on January 31 1974 received. Seventeen Notices mailed on 1/2/74) Mayor. Lloyd: Madam City Clerk, have we proof of publication? City Clerk: Yes sir, and we have a communication from B.K.K. dated January 14 addressed to the Honorable City Council: "Gentlemen: Upon instructions 8 - CITY COUNCIL Page Nine PUB. HEARINGS: UUP #71, REV. 5 (Amend.) 1/14/74 of the Board of Directors of the applicant, the B.K.K. Company, the appeal taken from the language and provisions of 6(a) of City Planning Commission Resolution No. 2503 regarding Revision 5 of Unclassified Use Permit No. 71 is, hereby abandoned and withdrawn." THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON UNCLASSIFIED USE PERMIT NO. 71, REV. 5 (Amendment). Councilman Young: Mr. Mayor, a point of order. Is there a staff report on this prior to testimony? (Mr. Aiassa advised there was a Staff Report.) Councilman Nichols: Excuse me, wasn't something read just now that indicated the appeal was with- drawn? Mayor Lloyd: Yes. Councilman Nichols: Well this was an appeal hearing and if the applicant withdraws? (Mayor requested that the letter be reread. City Clerk read letter again. Mayor asked the City Attorney to speak to the request.) Mr. Wakefield: Mr. Mayor and members of the City Council, I think there are two problems involved here which need at least a word of explanation. In the first place in my opinion the applicant in this particular situati(mn does not have a right to withdraw his appeal. The applicant does have a right to withdraw his application for an amendment to the Unclassified Use Permit which he now holds. In other words..... Mayor Lloyd: Excuse me for interrupting, Mr. :Wakefield, but will you interpret the letter first. I would like an interpretation of that or am I missing what you are saying? Do you have a copy of the letter? Mr. Wakefield: No sir. (Copy provided City Attorney) On the face of the letter the letter seeks to withdraw the appeal taken from the action of the Planning Commission in approving Resolution 2503. This in my opinion the applicant may not do. If the applicant elects to the applicant may withdraw his applicaion for amendments to Unclassified Use Permit No. 71, Rev. 5 in its entirety and if he does that ..... Mayor Lloyd: Wait a minute. Isn't that what he asked? Mr. Wakefield: No sir, he asked for permission to withdraw his appeal from the action of the Planning Commission. . Mayor Lloyd: In total? Mr. Wakefield: Yes sir. Mayor Lloyd: Is that a total action situation? Mr. Wakefield: That is a total action situation but that he may not do. Mayor Lloyd: No, you are missing the question. They - 9 - CITY COUNCIL Page Ten PUB. HEARINGS: UUP #71, REV. 5 (Amend) 1/14/74 said something about Item 6 and I don't know what it is - are they withdrawing the whole thing? Mr. Wakefield: They either withdraw their application for amendments to the Unclassified Use Permit or they stand on their appeal and the City Council must dispose of that appeal one way or the other. Mayor Lloyd: What item are they referring to, Mr. Wakefield? I heard something about a 6. Mr. Wakefield: The letter does refer to the language of 6 (a) of the Planning Commissi?an Resolution. .Mayor Lloyd: Will you read what Item 6(a) says? Councilman Young: Mr. Mayor, may I make a suggestion - why don't we just let Mr. Wakefield finish and get to his conclusion? Mayor Lloyd: Okay. .May I ask you a question - do you understand what he is talking about? Councilman Young: Well I think so, but I would like to hear his complete statement. Mr. Wakefield: Mr. Mayor and members of City Council, the Planning Commission adopted Resolution 2503 which approves certain amendments to Unclassified Use Permit No. 71, Revision 5. UUP #71, Rev. 5 is held by B.K.K. and what the applicants originally did was to appeal from the action of the Planning Commission in including in , the amendments certain provisions in Section 6(a) which made the amendments to the permit -,-,ineffective until such time as the City and the operator had agreed upon the land to be dedicated to the City. At the time the appeal was filed I advised the applicant that in my opinion they could not properly appeal from a single section of the Unclassified Use Permit and the action of the Planning Commission. That if they appeal6d:.a the entire matter was then before the City Council. As I interpret the action which the B.K.K. requests this evening it is to withdraw their appeal iri an effort apparently to leave the Planning Commission Resolution 2503 standing in the form in which it was adopted by the Planning Commission. Under the City's Zoning Ordinances this may not be done once an appeal'_'is taken from the action of the Planning Commission in connection with the granting of an Unclassified Use Permit. The action of the Planning Commission is t(sus:pended i- in its entirety and is not effective for any purpose until the action of the City Council, The City Council may ultimately approve the action of the Planning Commission, may modify that action, or adopt a new Unclassified Use Permit on the basis of the appeal before it. This means that if the applicant pro- ceeds with his withdrawal this evening there is nothing that has any effect in Resolution 2503. The only outstanding valid permit is that permit which is issued previously under Unclassified Use Permit No. 71, Rev. 5. Unless certain things are done pursuant to that permit by February 4 the provisions of that permit cease to be effective for any purpose. That means that the only valid and outstanding permit which the applicant will hold after date is the original Unclassified Use Permit as amended from time to - 10 - CITY COUNCIL Page Eleven PUB. HEARINGS: UUP #71, REV. 5 (Amend.) 1/14/74 time which covers an area of approximately 130 acres as the landfill site. If the applicant desires to withdraw his application for amendments to Unclassified Use Permit No. 71, Rev. ;5 and to withdraw it in its entirely he has that right and in that event there will be nothing before the City Council. The Planning Com- mission action in adopting Resolution 2503 will be ineffective for any purpose. Mayor Lloyd: I still do not understand, but go ahead Councilman Shearer. Councilman Shearer: I am not sure I do either, but before we ' get into a long discourse between two attorneys I would like to say irrespective of the action of B.K.K. to appeal the decision of the Planning Commission it was this Councilman's intent to call this matter up. At a meeting in Mr. Aiassa's office on December 4th I expressed this very openingly that it was my intention to call this up at the meeting of.December loth. Mr. Winter and Mr. Weiss were there, because I too was unhappy with some of the conditions of the permit, different however, than those that B.K.K. was unhappy with. I was specifically unhappy with the deletion of Item #38 that called for an operational fee. Subsequent to that I was assured by a representative of B.K.K. Company prior to the meeting of December 10 in this Chamber that they would prefer to appeal the action themselves. With that understanding I said all right I have no ax to grind as to who calls it up to allow this Council to deliberate. I was given assurance by the City Attorney that the whole matter would be available for discussion when it came up. Now I just feel an attempt is being made here on the part of someone to bypass that gentlemens' agreement. Mayor Lloyd: Well I don't understand what was said. Mr. Wakefield - in some lay terms would you clarify? In other words you are saying they.cannot do what they are asking .for?. Mr. Wakefield: Yes, Mr. Mayor. Mayor Lloyd: Is that open for discussion to them? Councilman -Nichols: Mr. Mayor, we have before us an action of the Planning Commission being appealed by the applicant, and the applicant has expressed a desire to withdraw the appeal, which in turn has been ruled impossible by the City Attorney. Therefore, the matter is still a hearing matter before the Council and I would assume should follow normal hearing procedures, at least up to the point to allowing the applicant to speak to the issue. I have no knowledge at all of the concerns Councilman Shearer has spoken of or any part of the behind the scenes manuevering or difficulties or whatever, so I would only say I think we should get on with the hearing. Councilman Young: Mr. Mayor, could I suggest that we hear from Mr. Weiss. • Mr. Weiss, Attorney Mr. Mayor and members of Council, and I B.K.K. Company don't mean to speak out of turn, but I would like to help interpret what we are trying to do. Contrary to what Councilman Shearer said, we are not sandbagging, this was not our intention. However, we started out on this basis. We initially had a copy of Resolution 2503, which is the Resolution that in part we appeal from. I believe that this Council may have copies of the Resolution, Page 2, commencing at line 11 reads as follows: "FINALLY RESOLVED, that the Secretary be instructed to forward a copy of this Resolution to the applicant CITY COUNCIL Page Twelve PUB. HEARINGS: UUP #71. REV. 5 (Amend.) 1/14/74 and to the City Council, respectively, for their attention; and that the Secretary advise the applicant that this decision or any part thereof may be appealed to the City Council within twenty (20) days after the date of the Planning Commission decision." And this is of the Resolution itself. Councilman Young: Mr. Mayor, a question of Mr. Weiss. What is the position of B.K.K. at this point - is B.K.K. satisfied with the Planning _Commission Resolution as it stands and desires the City Council to simply deny the appeal and approve the Planning Commission Resolution, or does B.K.K. have some other position in the matter? Mr. Weiss: What our position really is and if we owe Councilman Shearer and apology we do apologize because I was present at that meeting and either Mr. Winter or myself said we would file an appeal and that was our intention and we did appeal for the one specific condition as provided for by law in the Resolution. Subsequently we had a study session where things were discussed and what evolved in that study session was not what anybody had in mind. So we believe the.appropriate action at this date and what we would _be satisfied with for getting things going is what we have suggested that the appeal be withdrawn or denied, or whatever may be the appropriate legalistic thing to do, a:.d thereafter that Resolution 2503 be approved and I would suggest to the Honorable Mayor and you gentlemen,that an ad hoc Committee be appointed to study the whole problem. The basic problems are there just isn't enough time between meeting and meeting to find out what is really needed here to satisfy not only our needs but the needs of the community. This is our position. Councilman Young: Is it your suggestion then that Resolution 2503 - and I would agree with you -v whatever has to be done legally - I suppose you withdraw your abandonment of the appeal and the appeal would then be he.ard by the Council and denied and then that would leave the issue the concerns of Councilman Shearer's - is that where we would be?. Mr. Weiss: I don't think that leaves the issues of Councilman Shearer's specifically before this Council. Mayor Lloyd: He wants all of the things brought up. Councilman Shearer: Mr. Mayor, if I may have the floor again.. There was a concern expressed on the part of the Planning Commission with regard to certain items in the permit that had to do with primarily operational fees, financial considerations, etc., and if you will refer back to the hearings before the Planning Commission they specifically said these are areas that are beyond the prevue of the Planning Com- mission, however we recommend very strongly that these items be considered by the Council. I was present at that hearing, and sub- sequently I expressed that view at the meeting I referred to on December 4th. Briefly stated my position in the matter is this - • that I would like some condition in the use permit which over a period of years would provide for funds to develop 583 acres as a regional park. One of the conditions that was removed and will be removed if we ratify Resolution 2503 which was spread in the old Revision 4 was Item #38, which calls for an operational fee to be settled on prior to this particular revision becoming effective. Now if 2503 is passed that is forever gone and to negotiate from a point of no point of backing there is not much point in negotiating. If we allow this opportunity to pass then what we have done is said - 12 - CITY COUNCIL Page Thirteen PUB. HEARINGS: UUP #71. REV. 5 (Amend.) 1/14/74 to the Company - you are free to operate on an expanded basis. And it is my understanding if something isn't done very shortly they are out of room and have to stop operation. If we give them authority without some sort of an operational fee to build some sort of a sinking fund to develop, then we are out of the ballgame. I attempted to express this on December 4. I got the impression that we were talking in the same vein and that is the reason that I did not appeal because I felt this item would be up for discussion this evening. Mayor Lloyd: Mr. Wakefield, I have a couple of questions. The first question I guess is - is Councilman Shearer allowed to call that item up? Mr. Wakefield: Mr. Mayor - the time for calling the item up or the time for appeal by anyone other than the B.K.K. Company has long since passed. -This is one of the reasons why under our existing Ordinance it is impossible for the appellant to withdraw his appeal because if he had the authority to do that he would have the authority to preclude the determination of the appeal by the City Council and would preclude the City Council itself or any citizens that may have appealed the right to participate in the ultimate resolution of the matter before the City Council. It is true,as Councilman Young has suggested, that the City Council does have the authority to proceed to hear the matter and to take any action which. you deem appropriate at the con- clusion of the hearing, including the reaffirmation of the action of the Planning Commission in approving Resolution 2503. I think it is true as Councilman Shearer has indicated that the effect of an appeal in a matter of this kind is to place before the Council the entire matter. What the Resolution says is correct that an applicant may appear from any portion of the action but once the matter is appealed and the action is before the City Council the City Council has the jurisdiction to dispose of it in its entirety and this means that any part of the action of the Planning Commission action may be considered and changed or affirmed by the City Council as the circumstances may warrant as a result of your hearing of this matter. Councilman Nichols: Mr. Mayor, as I understand this matter, what we have before us is a request to appeal a portion, which the City Attorney says the applicant does not have a right doing. The City Attorney has said thenhowever with that appeal which must con- stitute the whole,. the Council may then consider any portion thereof at its own discretion. Unless I have heard it incorrectly I think if the Council should deny the appeal and then not favorably consider the Planning Commission Resolution that the status that would then be achieved would be the status quo and would not, as you indicated Councilman Shearer, create a situation with the ability to impose conditions and changes upon expansion of the use, that this would be lost forever. Unless I am misunderstanding, the Council would have in its authority tonight to both deny the appeal and the Resolution, which would then place the situation back in the status • of its existence prior to any request for change and then all of these concerns expressed would be in abeyance pending some additional application or some additional recommendation. Is that not essentially correct - Mr. Wakefield? Mr. Wakefield: That is essentially correct. If I may make one more attempt to restate the matter. Insofar as the matter of appeal before you tonight is concerned you have the choice of affirming the action of the Planning Commission, amending that action in any particular, or denying the appeal in its entirety. If you do any - 13 - CITY COUNCIL Page Fourteen PUB. HEARINGS: UUP #71, REV. 5 (Amend) 1/14/74 of these things the only thing the applicant ends up with is the Unclassified Use Permit that is granted by this City Council, and if you don't grant an Unclassified Use Permit tonight or at some future date then the applicant stands on the Unclassified Use Permit No. 71, Rev. #51 which was issued to him some 19 or 20 months ago. In other words the Planning Commission action ceases to be effective for any purpose. What the applicant receives on the basis of this hearing is an Unclassified Use Permit issued by the City Council and the City Council may put into that Unclassified Use Permit whatever it finds to be appropriate as a result of this hearing. Councilman Young: Mr. Mayor - it disturbs me - Mr. 'Weiss brings out a point here that they are told in the Planning Commission Resolution they can appeal in any part - so they appeal from a specific part and Councilman Shearer had it in his mind to call up some other specific part.:but he didn't do it. So I can see all kinds of due process questions arising and protracted litigation over these issues and I would really like to find a way that is procedurally correct and agreeable by stipulation or otherwise by the City Council and the applicant, that would give the applicant its hearing on what the applicant wants. Any applicant certainly has the right to that, including B.K.K. Company, and I would certainly like to see any kind of commitments for revisions in the specific additional aspects of this thing that are of concern to Council dealt with. Maybe it means in some fashion scrapping this whole thing and starting over. Mayor Lloyd: The decision I am trying to come to and I need the Council;"-s help as well as the City Attorney - do we go forward with the hearing? That is what Councilman Nichols says, is that what you are saying? Councilman Young: Well we go forward with the hearing and let's suppose we -grant what B_K.K. originally asked for and they don't want that anymore. So suppose we go forward with the hearing and incorporate changes suggested by Councilman Shearer, then I can see the applicant coming along with litigation to invalidate the Council action in that respect for the simple reason their petition.would be nothing was before the Council except what they brought before the Council in reliance on the Resolution of the Planning Commission which was forwarded to them. Now I would like to know where we stand on that. Mayor Lloyd: You are talking about lines 8 and 9 - Mr..Wakefield, will you respond to that. Mr. Wakefield: Mr. Mayor, I think it is obvious in the situation in which the matter now pends that progress is best made by proceeding with the hearing. If you end up by deciding that Section 6(a) in:_ the Planning Commission Resolution.needs to be.modified that may be done. If you decide that Section 38 of the Planning Commission • Resolution which relates to fines and fees that may be done, but when you are done it will be the action of the City Council approv- ing whatever Unclassified Use Permit with such conditions attached to it as you deem appropriate, that will be the final effective action. Mr. Weiss: Mr. Mayor, before I speak once more came down here for having derived our language from lines the question is called, may on our problem. Again we an appeal - we appealed 6 (a) 8 and 9, page 2 of the - 14 - CITY COUNCIL Page Fifteen 'PUB. HEARINGS: UUP #71. REV. 5 (Amend.) 1/14/74 Planning Commission Resolution. We then in our appeal of December 7, 1973 stated most distinctly that we were appealing from a portion of the action and we specifically enumerated 6(a). I would suggest that Mr. Young is correct that if this body goes for- ward with a hearing on the proposed revision there is indeed a 14th amendment due process problem and the reason is this, that the 'Supreme Court of the United States has said that in order for there to be due process you must have the opportunity for and indeed a . meaningful hearing. We have come here before this body not knowing that we were going'to do anything other than 6(a). Granted, Mr. Wakefield told me in a conversation this afternoon that he told me at an earlier time that if we appealed part of it we appealed all. I have no recollection of that. I don't doubt that he is speaking the truth but I have no recollection of that. However, if he did say it he said it prior to our reading of this Resolution. The Resolution is there and I will quote again "and that the Secretary advise the applicant that this decision or any,part thereof be appealed::...... ". Now I suggest to the Council that nowhere within your sections of this City's Ordinance, 9216.4, does it say if you come before this body with an appeal as to one portion that it then throws everything open. If it said that, but it doesn't, nor does it say we can't abandon it. And I would suggest that the Planning Com- mission sits as a quasi judicial body and the lawyers sitting here, muddying the water�;,know when you appeal aijudicial decision that is to say you file your Notice of Appeal, which is really what our appeal is, Notice of Appeal and the pleaing of the brief thereafter follows and if you withdraw the lower court's decision stands. I would suggest that is what happens here. When you go on and look at Section 9216.13 entitled "City Councils' Decision and Findings" subparagraph (a) "within 30 days announces its decision to approve, modify, or deny." And I would suggest gentlemen that "modify" is the key word. You can't modify something that is long gone. The filing of the appeal doesn't in and of itself nullify that hearing that everybody went to so much trouble to and for before the Planning Commission. As Mr. Wakefield says, it suspends the hearing. What it does, if you refer back to Section 9216.7.entitled"Effective Date of Planning Commission Decision" - this says "the decision of the Planning Commission shall become final and effective within 20 dajs after adoptionaof the Resolution stating the decision unless appealed to the City Council." If it is in fact appealed that decision is suspended just.as in a judicial matter you can't enter a final, for example, in a divorce. You can't act on a judgment until an appeal is filed and bond goes with it, but when it is withdrawn you are back at the end of the 20 days. In effect thatJ.is what ha:s happened here. Now from our standpoint we are concerned with the whole thing, we are concerned that Councilman Shearer thinks we are sandbagging. We didn't. Councilman Shearer: That is a matter of opinion, Mr. Weiss. Mr. Weiss: Sure and I apologize to you and I don't doubt that you feel that way. We would like to see 2503 stand, The problem is a problem that is far deeper than we • can cover here. It requires study. We worked long and hard with staff before we got to -the Planning Commission and when we got to the Planning Commission the whole thing was footless. We would like to see B.K.K. in a situation where we can go forward and what we would like to see is the Council appoint an ad hoc committee comprised of members of this Council to work with us and staff to study this and perhaps we,can reach a decision. There are a lot of ways but certainly we don't want to do it in an unlawful fashion. We don't want the courts to have to legislate for this City. - 15 - CITY COUNCIL Page Sixteen PUB. HEARINGS: UUP #71, REV. 5 (Amend.) 1/14/74 Mayor Lloyd: Okay. I have another question of Mr. Wakefield. If we do appoint a group to meet what is the time interval,between now and the next Council meeting, or can we do it at all? .Mr. Wakefield: Mr. Mayor and members of Council, you have the authority of course to continue this hearing to - a date certain. If in the interval it is your desire to -appoint a subcommittee of this City Council to meet with the applicant and consider the matter you run a substantial risk in this sense, that whatever action you take in this matter you must take on the basis of the evidence submitted to you at a public hear- ing and not upon the basis of what some individual Councilman or Councilmen may hear or decide acting as a ad hoc committee of the Council. So you have the right to continue the matter but I would urge against the use of a ad hoc committee as a means of resolving the matter because simply in this case',what you decide must be supported by the record of the public hearing. Mayor Lloyd: You are suggesting we may not do that - then the next question and final one is from a legal point of view if we go forward with this hearing would you say that we will not find some situation where in we are in a court action? Mr..Wakefield: That I do not know, Mr. Mayor, and I can't answer that question. Councilman Nichols: Mr. Mayor, with the chair's indulgence I find this a highly irregular procedure whereby a hearing item is before the Council and the Council finds itself in a three way debate between counsel for the applicant, City Attorney, and various sundry people with their own legal expertise. I find no benefit in this kind of thing at all. I find that I am only thoroughly confused about the whole mess because I do not have this kind of legal mind. I find almost a freesome attitude that no matter what kind of position we take now as legislators we may be sitting irrevocably against the City Attorney, or against B.K.K., or against the Almighty Himself. I would much prefer that this Council approach this matter on a hear- ing basis and make whatever determination we make in good conscience here tonight and we not try and determine here our course of action any further by hearing testimony from the attorneys. Mayor Lloyd: I find no fault with that. This is what you recommended, Mr. Wakefield? Mr. Wakefield: Yes. Mayor Lloyd: We will go forward with the public hearing. Councilman Young: Mr. Mayor, one more question. I was delivered a packet which contains all this material �• relating to this appeal. I was expected to study and review this thoroughly before coming here this evening and presumptively that is exactly what I did with a good portion of my weekend and I arrive this evening for the hearing and was advised the appeal no longer exists. Now, Mr. Wakefield, in terms of due process and that sort of thing, does a court, for example, have the right to go on and hear the matter although it has been requested that` -_it be withdrawn? Does that tie the court's hands at that point or can the court go ahead and consider the matter on - 16 - • CITY COUNCIL PUB. HEARING: UUP #71, REV. '5 (Amend.) Page Seventeen 1/14/ 74 its preparation and consider any conditions it cares to make? Mr. Wakefield: Mr. Mayor and members of Council, the City Council is somewhat different than a court. However, a court may permit a complaintant or a person who files a complaint, referred to as the plaihtiff.--<nto dismiss his cause of action if an answer has not been filed by the defendant or defendants. If it has then it takes an action of the court to dismiss the action. The plaintiff may dismiss his action entirely or he may dismiss certain causes of action, but I don't think really the situation is analogous to this matter at all. Councilman Young: What I am driving at, Mr. Wakefield, is this - do .you think it.'i�is within the prevue of the City Council - we have an appeal that has been made and at the very last hour it is withdrawn - are we within our rights to proceed? In other words, to deny? I would like to offer a motion that the request for the abandonment of the appeal be denied and get a vote on that an proceed. Mr. Wakefield: That would be entirely in order. Seconded by Councilman Shearer and carried on roll call vote: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None Mayor Lloyd: Mr. Wakefield, I have served a copy which has a similar set of directors on it as B.K.K. but not entirely the same and I think I would be in conflict and I have given you the list of those people. Would I be in conflict? Mr. Wakefield: Yes, Mr. Mayor. I think you should not partici- pate.in the discussion on this matter or vote on its final resolution. Mayor Lloyd: I will abstain. Now are..we in the midst of the hearing? Councilman Shearer: Mr. Mayor, not to muddy the waters anymore - - Mr. Wakefield, you mentioned one alternate, I believe you did earlier, that of rejecting Resolution 2503 in its entirety, in which case UnclassifisEd Use Permit 71, Rev. 5 unmodified would still stand. Did you give us that as one of the alternates? Mr. Wakefield: Yes sir. Councilman Shearer: This would satisfy me. The concerns that I raised because of the financial situation. I am not sure what it would do with regard to the applicant. Mr. Weiss, I do not want to belabor the point, call.it due process, but I feel really it is an attempted.in-run. This would satisfy my concern, leaving it as it stood before we tried to ,trim;- tndown under this. revision. Revert back to the old Revision 5 as it stood some months ago in which it include a stipulation that the City Council can establish an operational fee to assist the City in the development of this ultimately as a recreational usage. Councilman Young: Mr. Mayor, I keep hoping I will hear Mr. Weiss offer a stipulation on behalf of his client. - 17 - CITY COUNCIL PUB. HEARING: Mayor Lloyd: Page Eighteen UUP #71. REV. 5 (Amend.) 1/14/74 We will, if that is what you want. Let's hear from Mr. Weiss. Mr. Weiss: I would suggest this, and do this primarily because I feel badly, whether he believes it or not, of Councilman Shearer's position. I would be willing to stipulate on behalf of my client that (A) - our appeal be withdrawn and (B) - that this Council have the power to set°,`eC? -matters that are of concern to Councilman Shearer down for hearing at a future date, so that those matters may be deemed to be matters to be modified if after testimony being taken it is determined they should be modified pertaining to items only covered in Resolution 2503. In other words, I believe the operational fee is of concern to Councilman Shearer, Item 38. That matter be left open and we have a hearing on those matters Councilman Shearer is specifically concerned on. Our problem very frankly is this, if we take the second alternative that Mr. Wakefield doesn't necessarily suggest but suggests as a possibility and that is that we are back to old 5 that pre -dates 2503, gentlemen - we are out of business. Councilman Young: Mr. Mayor, I would like to suggest this. Number 1 - I think the concerns expressed by Councilman Shearer are certainly legitimate con- cerns for the entire Council. Therefore, I would like to see this done in a more general way because I am sure we are all concerned with the ultimate development and the charges in the meantime that might bring this about. My suggestion is that we continue this hearing to the next regular agenda in order that the stipulation be drawn up in something less than the words offered from the podium just now. We all know what the concern is now and I would think we are all agreed. I would certainly agree that Mr. Weiss is offering a reasonable approach to it, the very stipulation that we need should be worked out to everyone's satisfaction and brought before us at the next Council meeting. Councilman Shearer: Legally - is it binding? That is my only concern. Mayor Lloyd: Just extending it for two weeks.... Councilman Shearer: In that case that would be all right because we have taken no action. But the stipulation matter Mr. Weiss was talking about --if in fact it does allow us later to modify 2503, this would satisfy my real concerns. Mr. Weiss: Mr. Mayor, if I may speak to that? I would suggest that in accordance with 9216.7 of the. Ordinance of this City that a statute of limitation is set up and that is 20 days and insofar as thoseiitems that concern Councilman Shearer on behalf of my client we would waive the statute of limitation so that Councilman Shearer can call the matter up only so far as those matters he has previously expressed are of a concern to him. • Councilman Nichols: Mr. Mayor. Again, Mr. Mayor, let me object to the concept of negotiating the terms of a public hearing once it is called by the Council, debating with the applicant as to what conditions will apply for this in order for this body to hold a public hearing. In all my years on Council I have never faced a situation where we have had to sit here for an hour and debate with counsel for the applicant as to what terms should apply for this body to have a hearing, where we have a City Attorney sitting with us who has given us - 18 - CITY COUNCIL Page Ninteen PUB. HEARING: UUP #71. REV. 5. (Amend.) 1/14/74 reasonably clear advice from'-:'�he very beginning. I think it is very bad procedure and I am strongly opposed to it as a concept. Mr. Mayor - we have many suggestions before us. The hearing is in the Council's hands at this time. The applicant has indicated a desire to be cooperative and I am sure the applicant will be very cooperative in all of the appropriate fashions. It seems to me it is a very simple device,,.if the concerns of Council have not been answered yet that this can be handled in all the routine ways we have always handled things. As soon as we open the hearing the Council has the power to extend the hearing. The implication of 20 days and the statute and all that sort of thing doesn't bear a bit in terms of this Council's power to hear this matter and carry it over and have enough time to look at this matter further, but these things should be discussed in terms of the hearing situation and not in terms of negotiating outside of the hearing. Mayor Lloyd: What the chair was trying to do in defence of the chair's listening to all of these people, Council- man Nichols, that each of the people who had con- cerns had asked to speak and at this point I concur with you we should get on with the public hearing. Councilman Nichols: My remarks were not designed to condemn the chair but only to ask the chair to share my own per- turbment over the debate that is going on in relationship to the item before it. Mayor Lloyd: Very well, I declare the PUBLIC HEARING OPEN. Councilman Young: Excuse me, Mr. Mayor, a point of order. I agree with Councilman Nichols' remarks that this is unprecendented, certainly in the four years I have been here. However, I do feel this discussion has been highly pro- ductive at this point. It may not be as we have always done things but I think it has gotten us strides forward on this whole problem and what we have achieved primarily in.this discussion up to this point is, Number 1 - and primarily, a commitment from the applicant that does seem to satisfy a matter of crucial interest to this Council as voiced by.Councilman Shearer; and Number 2 - it assures a method of achieving that interest without running even the risk of litiga- tion and the expense and delay and all of that involved, and this has been a matter of complete concern all around. Nobody wants a law suit if you can get around it and I am certainly willing to spend an hour here in a give and take discussi(on to avoid that. Now we have been offered the key stipulation and I would like to move that that stipulation be accepted, be restated for the public hearing and be accepted. Mayor Lloyd: I don't think we can do that because I have opened the public hearing - will you speak to that Mr. Wakefield? In other words, we have opened the public hearing, we have a man ready to address us, I had a point of order which was an explanation and he now has made a motion on it, I stopped any second. Can he make that motion? • Mr. Wakefield: Mr. Mayor, I agree with what Councilman Nichols has stated and I think in this particular kind of a situation an applicant has no right to stipulate one way or the other what the City Council may or may not consider in connection with this appeal and I suppose this gets back to our basic disagreement between Mr. Weiss and I as to what the situation is that pends before the City Council. Now it is true as Councilman Young asserts, if Mr. Weiss is in a position to say - 19 - 7 C] CITY COUNCIL PUB. HEARING: UUP #71. REV. 5 (Amend.) Page Twenty 1/14/74 on behalf of his client that his client has no objection to the Council's consideration of the amendment to Section 38 of the Unclassified Use Permit No. 711 Revisivm-51 then that does remove the possibility of later argument and litigation on that score, but whether that stipulation is made and given and accepted or not it is still my opinion that the City Council has the authority to consider and act upon a revision to Section 38 of the Unclassified Use Permit as amended if it deems that to be appropriate. Mayor Lloyd: Do I rule the motion out of order or do I allow it to come before us? I still don't understand. Mr. Wakefield: If I were in your shoes, Mr. Mayor, I think I would permit the stipulation to be restated, accepted and proceed with the hearing. Mr. Robert Weiss (Sworn in by City Clerk) Attorney Representing the former appellant - B.K.K. Company. If I might address myself to the stipulation. Because we again believe it would be a violation of due process as provided for under the 14th Amend- ment of the Constitution of the United States and a portion of the laws of California and because we feel badly about Councilman Shearer's position, he feels he has been sandbagged, we would offer to stipulate as follows: that our appeal be withdrawn and that Resolution 2503 be ratified subject however to the holding open of those provisions of the original Revision 5 as amended that may raise the question and problems in Councilman Shearer's thinking. He referred specifically to Item 38 and there may have been other items, and that we go forward at some future hearing to discuss those matters by way of testimony. Mayor Lloyd: We have the stipulation. Do we have to act on it by way of motion, or just accept that, Mr. Wakefield? Councilman Nichols: Mr. -Mayor - again we have the attorney for the applicant in advance of the Council hearing tonight offer a stipulation subject to binding the Council to conditions which are qualified as stipulations. In other words an acceptance of the stipulation constitutes a vote of the Council to condition.�'its decision in advance of the' -hearing. It doesn't seem to make any sense to me at all. I think the applicant has no right at all beyond the right if he wishes to stipulate but to condition upon some action that has not been taken by the Council pre -judges our consideration of the facts of the matter. Mayor Lloyd: What I am trying to get it and obviously I am doing a very bad job of chairing this meeting. We are in the midst of a public hearing. We opened the hearing and he was askedtto make this kind of a state- ment, it was suggested that he do so, he did do so, I then asked the City Attorney how we handle it or is it already on the record? That is all I want to know. Mr. Wakefield: Mr. Mayor - may I asked Mr. Weiss whether he has any objection as a part of the hearing on this matter for the City Council to consider the provision of Section 38 of Planning Commission Resolution 2310 and make whatever changes are deemed desirable by the City Council as a part of that consideration in Resolution 2503 as adopted by the Planning Commission? Mr. Weiss: I am not sure I understand what the question was. - 20 - CITY COUNCIL Page Twenty-one PUB.HEARING: UUP #71. REV. 5 (Amend.) 1/14/74 Mr. Wakefield: The question was - do you object to the City Council as a part of its hearing now consider- ing changes in Section 38 of the Unclassified Use Permit as adopted by the Planning Commission in Resolution 2503? Mr. Weiss: Mr. Wakefield and Mr. Mayor, I would object to it at this time. As a matter of fact I think we made our point plain, we:_"invo.lve ourselves in any hearing now under protest because of our feeling concerning the withdrawal of our appeal. But we have said this, if a study group is to be made up for the purpose of pursuing Councilman Shearer's concern so at some future hearing testimony may be taken on Section 38 we believe it only fair that 38 be held open, because again we don't want him to think we tried to sandbag him. Mayor Lloyd: Okay. At this moment I am about to take a recess so that Mr. Wakefield and Mr. Weiss can get together and then someone tell me where I am going because at; -this point I -yam with Councilman Nichols, I don't know where I am going. I am sure the chair has this prerogative and I declare a recess. COUNCIL RECESSED AT 8,:20 P.M. AND RECONVENED AT 8:35 P.M. Mayor Lloyd: We are in the midst of a hearing of Unclassified Use Permit No. 711 Revision 5 and those In Favor of whatever it may be are now in the midst of their presentation - Mr. Weiss. Mr. Weiss: Mr. Mayor and members of Council, I take it then that we are to withdraw our stipulation. Mayor Lloyd: Mr. Wakefield, will you speak to that, please. Mr. Wakefield: Mr. Mayor, I think the form in which the stipulation was offered was not acceptance and there is nothing before the City Council at the moment. Mayor Lloyd: Then we are going forward with the hearing. Make the presentation. Mr. Weiss: Mr. Mayor and members of Council, for the record only, if I might again be heard to say, that although we will very briefly go.forward touching on the particular points only we do object to the hearing, it being our position that we have followed the language of the -Resolution and that is to say that we'Zhave abandoned our appeal and that this Honorable body has no right to go forward with the hearing beyond..' the area of what the appellant sought and the appellant presently seeks nothing by way of the appeal. Therefore, we will briefly present our protest. Mayor Lloyd: I understand. Go forward. Mr. Weiss: We had initially appealed Section 6(a) of 2503 and having filed that appeal it appeared at that time to be thesingle item that was of interest to us and we believed it to be. -the item that was of interest to the Council. I was not aware that Councilman Shearer wanted to go beyond -that particular point because it was not within my understand- ing that any issues could be made or met beyond those that were appealed. However, this was';the only thing we brought up, and Number 6(a), (for those of you gentlemen who are not familiar with the old permit) speaks to the ultimate disposition of the land. - 21 - CITY COUNCIL Page Twenty-two PUB. HEARING: UUP #71, REV. 5 (Amend.) 1/14/74 Following the filing of our appeal we met with Mr. Wakefield, Mr. Zimmerman and other gentlemen were present. Un- fortunately Mr. .Aiassa was on vacation and was unable to be with us and we discussed various possibilities. It apparently has been the attitude and desire of the City to put itself in the position that when the B.K.K. site is ultimately complete, some 30 years downthe road, that a regional park will be created at that site and of course ''this -'-is very desirable for the community, no doubt about it, but one always gets into the problem of how does the City or any other governing body end up with land? It is our position that if you are going to take our land you must pay for it. And we think anything short of that is going to be an unconstitutional take and as all you gentlemen know the constitution does provide that nothing of ours may be taken without just compensation. We just don't permit that in a constitutional country such as ours. Now following this meeting we were given by Mr. Wakefield, who was kind enough to send me a letter under cover of January 4, 1974, and within this is the following: "The conditions of approval of Unclassified Use Per No. 71, Revision 5 (Amended) as approved by Resolution 2503 of the Planning Commission of the City of West Covina are amended as follows..." and thereafter he suggests certain things. I wonder if you gentlemen have a copy of this before you? I know it was sent to Mr. Aiassa, Mr. Zimmerman and Mr. Eliot. (Council acknowledged they had.) "#6: Disposition of Land. It is intended that the entire 583 acres of the subject property will be ultimately used as a regional park. In order to accomplish this the operator shall acquire title to the 583 acres of land and within 6 months from the date of approval of the Unclassified Use Permit shall grant to the City of West Covina by a separate document in a record- able form an irrevocable option to purchase the entire 583 acres for public park and recreation purposes at a price which shall be specified in the option and which has been mutually agreed upon by the Council of the City of West Covina and the operator prior to the execution of the option. The option may be exercised by the City upon the completion of the landfill. The time of the completion of the landfill shall be established in accordance with Provision 5, Subsection D hereof. Now let's stop here for a moment. Gentlemen, we don't own the land. We are the tenants. We are the tenants of Home Savings and we are the tenants that have an option that we may exercise through the last of November of 1989. Now if I read this paragraph correctly (and I believe I do) we are required within six months to go out and spend two million dollars of our money so that we may then within that period of time enter into a binding relation with the City so that the City may, if the City wishes, buy the land. This is our first point. Now think on it. We have to spend two million dollars and the debt service on two million dollars at present is in the vicinity of $2501000. It isn't there. Our net revenues won't do that for us and it certainly won't do it for the City. Now let's go a step further. The next paragraph "The City Council shall by its own Ordinance levy an operational fee on the Sanitary Landfill use authorized by this permit. The fee shall be levied on the basis of the number of cubic yards or tons of material disposed of in the sanitary landfill and shall be payable by the operator on a quarterly basis. The fee shall be fixed in an amount which the City Council and operator agree will be sufficient to enable the City to finance the acquisition of the 583 acre landfill site in accordance with and at the time specified in the option referred to in the pre- ceding paragraph." Now let's get the full input and meaning on it. We must first within six months take our two million dollars and go out and acquire the site and we must then agree upon the price we will agree to sell it to the City and we must then agree on what the City will tax us out of each dollar that we take, in of our.- dollars. - 22 - CITY COUNCIL Page Twenty-three PUB. HEARING: UUP #71, REV. 5, (Amend.) 1/14/74 How much do we give the City so the City may set aside and ultimately acquire our land with our dollars? Where is the constitutionality of this? You are literally taking our land that we have not yet acquired, that we must acquire from somebody else at a substantial amount of money and thereafter pay you enough dollars so you may acquire our land from us with our money. There is no other way to slice it. This is most distinctly brought home when you go down to Condition B of this letter which is Condition #7 amended to read: "Ultimate Use Safety Clause. If for some unforeseen circumstances during the term of this Unclassified Use Permit the landfillcoperation is discontinued the City shall have the option to purchase the portion of the site which has been filled up to the date of discontinuance for regional park and recreational purposes. The option price shall be determined by dividing the option price of the entire land (583 acres) established pursuant to....." So on and so forth, referring to the preceding paragraph. The point being this again - we go out and spend two million dollars to acquire the whole site and now let's suggest for a moment returning to Section 7, if for some environmental difficulty the courts close us down, if because the state of things change and all we need to do is zap the rubbish like that and we don't have to fill it in the ground - a number of things can happen - if our site is partially filled only, if the City wishes the City then having required us to spend two millionsdollars to acquire the entire site the City may come to us and say - gentlemen, we want those four acres you keep the remaining 579 acre acre hole in the ground. We are back to the same situation, the dog chasing his tail. We have offered to us a program that we cannot live with simply because we can't go out and acquire and then maybe sell a portion of it or none of it or maybe not even sell it but give it away because it is suggested as follows - we are to pay for this by agreeing on a tax that is to be levied upon us. Assuming for the sake of this discussion and disregarding what the mathematics of the figures may be, let's assume the City takes 10(,4 out of every dollar that comes through. By the language of Condition 36 as suggested to be amended, Subsection B, "a schedule of prices which shall not exceed the maximum prices which have been approved by the City Council plus the amount of any operational fee established by the City Council shall be posted at the entrance, etc.." Now what is said here is this - whatever we are allowed by law, and by law I am speaking of what this Honorable body permits us to charge the public, the rubbish producing and dumping public, we are permitted to add something to that and that something again is what we would pay to the City for the City to acquire our property. We have to let you gentlemen know we are in what my client refers to "as a very delicate market." We don't know what we can charge today even and because of what the market problems are, and our energy problems, and problems where the trash disposer is going to dump his waste materials and where he can do so most cheaply. Consequently just because we have a desirable site for a landfill doesn't mean we can raise this to anything we want. .Let's assume:= for the. sake of argument that we are able to raise this hypothetical figure of.$1..00 .to $1.10. That . is our $1.10 - you can say - well you canPpass it on to thepublic. Itiis our site although we are only the tenant. It is our business. Where does the City acquire the right to let us raise our fees so that portions of our fees - that are really ours for our operation, may be taken from us by the City so we may have our own money given back to us at some future .time so that our property may be taken from us by the City. We suggest this, gentlemen. When you are ready for a park there you have the right of eminent domain. You may 23 - s CITY COUNCIL PUB. HEARING: UUP #71, REV. 5 (Amend.) condemn us. But we have a great deal of where there can be anything other than a something such as this, or by our trying this where we simply must fund the sale and we don't see giving in this instance the City has taken our property from us Page Twenty-four 1/14/74 trouble and we can't see taking by the execution of to agree to something like of our property to give, because if we give really without compensation. I think that Mr. Winter, who is really intimately familiar with the operations of B.K.K. would have some comments. Mr. Winter (Sworn in by the City Clerk) BKK COMPANY I have very little to add Mr. Mayor and members of the Council, to what the eloquent Mr. Weiss has said, except I might expand on the area of the market which sustains and supports sanitary landfills. The market for any particular landfill extends out in all directions until that line coincides with a cheaper line. The line consists of the disposal fee and the transportation costs. Our nearest competitor is the County operated landfill near the 605 and Pomona Freeways. We function about 51(,' a ton below our nearest competitor. We don't know what motivates all of our customers. Some of them come from L.A. with a 14 ton load because they save $7.00. Now after the City, if it indeed `. does impose a tax, that tax may be just sufficient to keep them away from our door�,.and at that point you have dipped into our cash flow and I don't:-.thihk it can then be considered as a tax. Other than that I would like to ask Councilman Shearer if the State builds roads by tolling them? Thank you. THERE BEING NO FURTHER PUBLIC TESTIMONY FOR OR AGAINST PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Young: Mr. Mayor, is there a staff recommendation at all on the issue spoken to by Mr. Weiss and Mr. Winter? Mr. Aiassa: No, Councilman Young, I believe staff did make their report and it is normally attached with the Resolution and recommendation of the Planning Commission. Council has a copy of that report and Resolution. Councilman Shearer: I have a question or two of either one of the gentlemen. I would like to clarify a number of points. First off this is the recommendation of the City ,Attorney, something he has referred to us and not the opinion of any member of Council. In general doesn't the County San District operate on the basis that the revenue they take in at the entrance covers their operating expense as well as provides some sort of revenue for the ultimate development of these sites as park sites? Mr. Winter: The Sanitation District operates a non -tax paying agency. The fact they don't pay any ad valorem tax or revenue taxes allows them considerable funding annually in their budgets that we don't enjoy as a private operator. The San District operates under a Joint Powers Agreement with the L.A. County of Supervisors. Under that agreement they have borrowed County General Fund monies for part of their site acquisi- tions and under that agreement the land, at least in unincorporated areas, reverts to the County Parks Department for development and operation. Does that answer your question? Councilman Shearer: No sir. The question was is the land structure charged based on these considerations of develop- ment of these lands as parksites include not only the costs of acquisition of the land but also the cost of planting the grass or whatever is necessary - - is this considered when they set their rate? - 24 - CITY COUNCIL PUB. HEARING: UUP #71. REV. 5 (Amend.) Page Twenty-five 1/14/74 Mr. Winter: I am perhaps not.qualified to answer your question'sufficiently, but the San District operates four different types of sites. They are operating one that they are leasing from a subdivider, they are operating one in conjunction with the City of Glendale and have several of their own in unincorporated areas, and I am not that familiar with their budgets. Councilman Nichols: Mr. Mayor. I am not in agreement with the Planning Commission Resolution which incor- porates its own thinking following staff recommendations. I am inclined to be somewhat sympathetic in that sense with the B.K.K. Company in their thesis that an agreement to the conditions herein would tend to impose an extreme financial burden upon them and quite possibly make their operation unprofitable, certainly in an era of high interest rates. And I am persuaded somewhat by the nature of their agreement and its content that the City of West Covina is asking for a larger supply of Golden Eggs than the goose can lay and for that reason I am not prepared per- sonally to support the Planning Commission recommendations. On the other hand I think it should definitely be said that B.K.K. has been aware from.,the very inception of the operation of this site in West Covina that they had in spirit and in fact accepted an obligation to the community of West Covina. I personally have sat in meetings with Mr. Garzarian, Sr., when that verbal commitmenit was made.:to the City of West Covina and therefore I think that any argument that comes before this body now that holds exclusively that the conceptions held in the Planning Commission Resolution are inadequate or bad involves a change in the position of B.K.K. that would not be in the interests of B.K.K. or the people of West Covina and I am probably much of the opinion that B.K.K. at the appropriate time will recognize that there is some common ground between the position that B.K.K. has taken tonight and the recommendations that have come to the Council here from staff. So my own position in this matter is that I don't think it should be unequivocably terminated this evening because that would in fact work an impossible hardship upon an operation which is in fact contributing to the well being of the community. On the other hand I don't think the Planning Commission recommendation should be denied outright because I think inherent in that Resolution are most of the outlets that ultimately must result in an agreement in the City of West Covina with the B.K.K. Company. So my own --position at the appropriate time would be to support a motion or to move in support of a motion, or vote in support of a motion to hold this hearing over with the',!,hearing portion closed,for 30 days or until the first regular Council meeting in the month of February which, if I am, --,correct,, would hold all circumstances in their present situation allowing this company to operate under existing regulations for that period enabling staff to review its position and to join further discussions with B.K.K. and hopefully to come back before Council at that time with agreements that could result in recommendations to the Council that all parties could in good faith accept and that would be in the interest of all. Councilman Young: Mr. Mayor, I feel there is much merit in Councilman Nichols' points. I am sure B.K.K. is in that business because it is a profitable • business and I have no objection to a businessman making a legitimate profit and I appreciate the candor of the presentation made by Mr. Weiss in that respect. He is not talking about the great service really, he is talking about a business in very businesslike terms. It is obvious that B.K.K. has certain options on the land and somewhere in these options that extend over a good number of years there would appear to be a time and place for appropriate compromise here. The assignment of options I suppose is a possibility and of course without the Unclassified Use Permit there is nothing, so the City certainly has some leverage which would always I trust be exercised in a reasonable fashion, but for the moment I think we have - 25 - CITY COUNCIL Page Twenty-six PUB. HEARING: UUP #71. REV. 5 (Amend.) 1/14/74 spent an awful lot of time on this issue and I think Councilman Nichols has made a very reasonable suggestion. Mayor Lloyd: Is that a motion? Councilman Young: I will make that a motion. Mr. Wakefield: Mr. Mayor, the Unclassified Use Permit Revision 5 expires on February 4, 1974 and if you continue the matter until the llth the existing permit will have expired and B.K.K. will have nothing. Councilman Young: Mr. Wakefield is essentially saying we have to take action before the 28th of January; therefore I would like to withdraw the motion. Mayor Lloyd: There was no second, so there is no problem. Councilman Nichols: Mr. Mayor, a question of Mr. Wakefield. Is it within the purview of the Council to extend the existing Unclassified Use Permit on a month to month basis or is that not proper? Is it legally possible to extend the Unclassified Use Permit on a period of less than a year or whatever the minimum is in the Ordinance? Mr. Wakefield: Yes, the one year period simply refers to the period of time within which the Unclassified Use Permit must be exercised. Councilman Nichols: The reason I ask that question is because I think again it would not serve the interest of reasonable consideration to create such a pressure in�termsodf time that this must be accepted within two weeks time. I don't want to extend it indefinitely but I think two weeks is an awful short time to allow these things to be pursued. The thinking I had was perhaps the Council has the capability of holding this matter over for the full thirty day period and extending the use permit to coincide to that period of time. Councilman Shearer: Mr. Mayor, I would like to clarify a point or two. The things I believe Mr. Weiss was commenting on and objecting to were not part of Planning Commission Resolution 2503 as passed by the Planning Commission. The provisions that Mr. Weiss was discussing and I will agree with him, perhaps for the first time this evening, that they are a little stern, they are a little harsh and if I were in his position I would be objecting to them also, but these were not a part of the Planning Commissions' conditions. -These were suggestions by staff and the City:Pttorney to revise those sections that had been appealed to incorporate some of my concerns so that everybody would be happy, and as it turned out nobody is happy. I was wondering if the B.K.K. representatives would object that if Resolution 2503 was adopted with Condition 38 A and B of the original incorporated as a part of that Resolution - would that get us moving along? Or would you prefer to have sometime to consider that between now and two weeks? . Mr. Weiss: I will try and answer. We are almost back in the same soup. You are asking us, Councilman, to stipulate at this time really and I don't think we can do that. The latter language of the Operational Fee which reads "the amount of this fee shall be sufficient to cover the entire cost of inspection, enforcement of this Unclassified Use Permit and an additional amount of be used to assist in the financing and development of the ultimate park and recreational use", and I would say - no sir - we would respectfully decline;?:hat suggestion. 26 - CITY COUNCIL PUB. HEARING: UUP #71. REV. 5, (Amend.) Page Twenty-seven 1/14/74 Councilman Shearer: Perhaps I am the, f&1- 1rk,4uy here because I raised the question about an hour and a half ago. Mr. Weiss: You raised it properly, sir. Councilman Shearer: My concern , and if it is only,one out of five then we can drop the thing and everybody is happy, and that is part of our system. But my concern as well as I can state it was that we make some provision today, in 1974, that in 1990 or whenever, probably when all of us have passed on, that there be some funds available. Perhaps not free and clear but some funds that the City Council at that time can utilize to assist in the development of those acreages rather than have 583 acres and have five men in 1990 sitting there asking how are we going to raise the 'money - we have on the Master Plan what is development for a regienal.,,park:1;but we have not made any provisions over the years from the user of that facility; and that is why I asked the question of Mr. Winter - over the years doesn't the user or operator of the County San District set their fees so with current income there is money available to be set aside for the ultimate development of the intent of that area being set up as a park. And that was why I raised the whole question because when I saw that Section 38 was to be dropped there went the whole option of the City of setting maybe a 5(4, a ton, not 51i,'. It is not my inapt to price B.K.K. out of busi- ness because then nobody is happy and everybody suffers. So if we don't avail ourselves of that opportunity now it is lost. Maybe it is best to hold it over two weeks, we have held it over now since 1970-71, since Revision 5 was first passed. That is what I am trying to get. Now if there is not a consensus on the Council to proceed on this matter then let's drop it right here. Councilman Young: I like the idea of working towards the kind of situation that Councilman Shearer is talking about and obviously working on it in an atmosphere of appropriate compromise with everyone involved. I don't think we should ask B.K.K. to give us the land and develop it for us but on the other hand I think that something should be done at an appropriate time. The word used in this language here is "assist" it doesn't say do the whole thing, so there may be some basis for compromise. Mayor Lloyd: Is there further discussion? Could I have a motion? Councilman Nichols: Yes, Mr. Mayor. I would move that the matter before us of the appeal be denied. Seconded by Councilman Young. Councilman ,Shearer: A question, Mr. Mayor. If the matter of appeal is denied, Mr. .Wakefield, does that automati- cally ratify 2503? Mr. Wakefield: ,Xoa-n. my opinion, Mr. Mayor and members of the City Council. If the appeal is denied then Resolution 2503 ceases to be effective for any purpose. The only basis upon which Resolution 2503 can be effective is for the City Council to grant Unclassified Use Permit No. 71, Revision 5 as amended by the Planning Commission with the City Council itself taking the action to approve the revised permit. Councilman Shearer: So if we deny the appeal we haven't passed the Resolution and we are nowhere. - 27 - CITY COUNCIL Page Twenty-eight PUB. HEARINGS: UUP #71, REV. 5 (Amend.) 1/14/74 Mr. Wakefield: In my opinion that is correct. Councilman Nichols: Mr. Mayor, may I speak? I may have made a motion that I did not intend to make. If I am hearing Mr..W�kefield correctly then in effect B.K.K. Company would very shortly be without any legal authorization for operation, whatever. -I would like to withdraw that motion. Councilman Young: I will consent to the withdrawal. Mayor Lloyd: On the motion that was made and on-l:the floor we can vote it out and start over again. Motion failed, four votes "naye" and one abstention by Mayor Lloyd. Motion by Councilman Nichols that the matter of Planning Commission Resolution 2503 and the appeal thereof be held over until the next regular Council meeting of January 28, 1974. Seconded by Councilman Young and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell NOES: None ABSENT: None ABSTAIN: Lloyd Councilman Nichols: Mr. Mayor - one final observation. I intimated this and I would like there to be no confusion in terms of my own point of view on these matters. I think B.K.K. does have a very significant responsibility to the City of West Covina in terms of helping and that ultimately the proper use of that land can be provided for the benefit of all citizens. The use of that land is unique in that pit__ is probably the only use in West Covina which in fact may destroy the land for any other private or productive type of use at all. And when the West Covina City Council speaking for 70,000 residents made a commitment to allow this type of operation on that land in my judgment that conveyed a very heavy degree of responsibility on the operators to help this community insure itself that a fine and productive use of that land would continue, and if I personally become thoroughly con- vinced that the commitments made in the past that B.K.K. Company wasn't prepared to fulfill I will be very unhappy indeed and will be much inclined to resort to some other redress that is now available to us. SLIGHT MODIFICATION NO. 76 LOCATION: 1248 S. Montezuma Way STEVE NOVARRO REQUEST: Reduction of required side yard setbacks from 10 fee to 8 feet for con- struction of a single family dwelling and attached garage on an existing unimproved lot. Denied by Administrative Review Board on December 17, 1973. Appealed by Applicant on December 27, 1973. (No publication necessary. Six notices mailed on 1/2/74) THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON SLIGHT MODIFICA- TION NO. 76. Mr. Miller: Mr. Mayor and members of Council, to be brief, the staff report is fairly explicit in what the intention was by the applicant, Mr. Novarro, and I think states fairly the decision made by the Administrative Review Board in denying the Slight Modification. I do point out that we did make an error in the examination of some setbacks but in further examination we find that those we could survey of the CITY COUNCIL Page Twenty-nine PUB. HEARING:. SM NO. 76 1/14/74 homes in that area that'had been built under the County as well as the City standards, only four homes..,,.had Variances on for setbacks less than required by code. One of those is a required front setback that had been reduced and three others are side tyard setbacks city's annexation. and all three of those were done under the County prior I point out in the staff report that the granting of a privilege or the denying of a right to a property owner enjoyed by other property owners within Othe vicinity has not been demonstrated because the vast majority of the residences constructed in that area do comply or exceed the required side setback of 100'. With that recommendation brief explanation and the staff report before y ou thewould be to uphold the decision of Slight Modification No. 76 and deny it. IN FAVOR Steve Novarro (Sworn in by City Clerk) 329 No. Monterey Mr.Mayor and members of the City Council, getting Alhambra back to the original request, my reason for ask- ing for this is that Lot 24 is smaller than many of the other lots in the area. I feel by decreasing the side set backs to 8 " which is evidently what they were in the County, the home would not only be more functional but better looking from the front elevation for the simple fact it would be 4' wider. Others in the same area do have reduced setbacks. According to Mr. Miller there are only four, .one front setback and three side setbacks. I have pictures here oftlehavest four stated onuses I lookeat hat have the pictures thetmeasurementsuced side setbacks and (Pictures given to City Council) The staff report did indicate that the adjacent homes both came up to West Covina required sa setbacks which they thedid. The house on the east side of. my property is y property line and the house on the west side is 8'. I have talked to the neighbors on the west side, their name is Mitchell, and this particularly affects them more than anybody else because that is the longest side of my property and they have no objection. This is not in an area where I am setting amongst other vacant lots. You are not setting a precedent. I am in an area where the adjacent lots do have reduced setbacks and I am really not asking for anything more than the neighbors in that vicinity already have. .That is all I am asking for. Thank you. IN OPPOSITION Dr. Ben Rupstein Mr. Mayor and members of the Council, I am 1303 Golden Vista representing the homeowners group in the area West Covina in question and as you are probably well aware the area has for many years been a part of the County until relatively recently when annexed to West Covina. One of the consolidating points in getting the Villa area annexed to the City it was understood by the homeowners of the area that some of the "slip shod" manner in which some of these hillside Variances were handled in the past would not occur again. It was one of the facets we utilized in getting the area annexed to West Covina. The Homeowners' Group is in accord and agreement • with the Administrative Review Board's decision of 12/17/73 and we believe the City of West Covina has a Hillside Ordinance and we know it probably isn't as rigid as the people in the area would like it to be when compared with Hillside Ordinances in other cities but we do feel a Variance under the present Ordinancehas tometthe testfora of a Variance by cause and we ask that the a p srequest Variance be denied on that basis. We also have within the area filed in the Recorder's Office on February 19, 1965 a declaration of Covenants and Restrictions for that area which covers practically - 29 - CITY COUNCIL Page Thirty PUB.HEARING: SM NO. 76 1/14/74 all the areas discussed here and others and it is a part of those Covenants and Restrictions that any variation from these setbacks would also have to receive the Architectural Committee's approval in that area and -,these are part of the requirements of any lot buyer in the area and to date no request has been made to the Committee or the Homeowners' Group and the Homeowners' Group has met as a group and are against this modification by Variance. Thank you. Doug Watts. (Sworn in by City Clerk) 1249 Montezuma Way I was at the first meeting and I stated at that West Covina time that I didn't think it was fair that one person was able to come up and say "no, I don't like this" speaking for the area up there. So this time two of us up there set out and got a petition. We didn't by any means cover the whole area, but the two of us saw fifteen people and every person we did see signed this petition against a Variance being done and as you will notice on there the addresses of 12441 1252, 1249 and 1255, these are the four lots that surround the lot in.,question. We all feel the restrictions put on the lots we have all of us built by, we have all lived by and found no problems. The lot Mr. Novarro is looking at is a very beautiful lot,but I don't think it is ideally situated for a large house because the lot is small. I looked at this lot prior to buying one across the street and would have.preferred that lot to the one I bought but my houselfawould-.-cnot fit on it so I got a lot that my house would fit on. I think that any motion by the Council or action putting any deviation in from the restrictions there would be very bad for this area because we all have an investment to protect and none of the restrictions we find are too hard to keep. REBUTTAL Mr. Movarro: As far as the petition goes I don't think these people really understood what I am asking for. I am asking for a side setback that decreases by 20%, which is one of the requirements for a Slight Modification, it really is not going to hurt a thing. It is not going to be a deterrant to the area, it is going to be a better looking house than it will be if I have to have 10' setbacks, and I will have a bigger backyard because of it. If I havetto squeeze the house in naturally it has to go back towards the back. I wouldn't have bought in the area if I didn't think it was a nice area and I am not going to do something there to harm the area. I am living in the house, I am not speculating with it - naturally I am concerned with the ultimate outcome of the sale of it also. These people in the area do have houses with decreased setbacks and I am not asking for a 5' setback when everyone else has 101, I am just asking for something that everyone else has. I think that pretty well covers it. Thank you. THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Young: Mr. Mayor, I am sympathetic with Mr. Novarro's • presentation certainly but I think that if this Variance is granted we are setting a precedent. This to my knowledge is the first time this area has come to our attention for the purpose of Variances since it has been annexed. I think the key showing for a Variance is not shown. I don't think there has been a showing of genuine hardship or a denial of the use of the property in the absence of a Variance, which to me are key points. There is a showing of some inconvenience involved which will require some modification perhaps of the design Mr. Novarro has which can probably be made. So that it comes down in my thinking once again of not getting into the CC&R's on file, which is their - 30 - CITY COUNCIL PUB. HEARING: SM NO. 76 Page Thirty-one 1/14/74 problem, but we do have the Ordinance and the requirements and that Ordinance is worthy of integrity and if we start varying Ordinances purely as an accommodation we might as well not have an Ordinance. I would be prepared to support the denial part of the recommendation. Councilman Shearer: Mr. Mayor, I have one point to add. In addition to the hardship I notice in reading the staff report that Mr. Novarro indicated at the Administrative Review Board hearing that he has not yet got plans, so apparently the detailed layout of his house has not been finalized. .So it seems.•"w=.o me it might just be a matter of inconvenience to tell his architect to make it 10' less and instead of having a 2800 square foot home he might have to concede for a smaller home or a smaller backyard. I don't see that the conditions of the Variance has been met nor that there is a hardship. Motion by Councilman Shearer that the action of the Administrative Review Board be upheld; seconded by Councilman Young and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None PUBLIC WORKS SUPPLEMENTAL WEED AND LOCATION: Various throughout the City. RUBBISH ABATEMENT PROGRAM Council reviewed Engineer's Report. 1973-74 Request: Approve Supplemental Weed and Rubbish Abatement Program for 1973-74 accordingt, o list attached to Resolution setting date of January 281 1974 for protest hearing on the proposed abate- ment and rubbish removal by adoption of a Resolution. Mr. Zimmerman: Mr. Mayor, the Council has been given the list of Supplemental Weed Abatement. This would be the usual thing we do regularly at this time and we recommend approval of the Resolution. RESOLUTION NO. 4819 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PRO- PERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE." Motion by Councilman Shearer, seconded by Councilman Chappell and carried, to waive further reading of said Resolution. Motion by Councilman -Shearer, seconded by Councilman Chappell and • carried on roll vot:o adopt said Resolution: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None - 31 - CITY COUNCIL PUB. WKS.• Cont'd. FREEWAY IRRIGATION SYSTEM CALIFORNIA DEPARTMENT OF TRANSPORTATION Page Thirty-two 1/14/74 LOCATION: Northerly terminus of Butterfield Road, at South Frontage Road. Council reviewed Engineer's Report. RESOLUTION NO. 4820 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A DIRECTOR'S DEED EXECUTED BY THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION." Motion by Councilman Young, seconded by Councilman Shearer and carried, to waive further reading of said Resolution. Motion by Councilman Young, seconded by Councilman Shearer, to adopt said Resolution and carried on roll call vote as follows: AYES: Young, Nichols, Chappell, Lloyd.. NOES: None ABSENT: None ABSTAIN: Shearer TRANSFER OF STORM DRAINS LOCATIONS: 1) MTD 339 - W/S of Azusa TO LOS ANGELES COUNTY Avenue, from Amar Road to BKK; FLOOD CONTROL DISTRICT 2) MTD 341 - Amar Road from Lark Ellen MISCELLANEOUS TRANSFER Avenue to Brentwood Drive, and Brentwood DRAINS 33,°., 341 AND 362 Drive N/O Amar Rd; 3) MTD - 362 - Lark Ellen Avenue north of Amar Road, includ- ing Tract 24006. Council reviewed Engineer's Report. RESOLUTION NO. 4821 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUEST ING THEBOARDOF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE,STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. MTD 339, IN THE CITY OF WEST COVINA FOR FUTURE OPERATION, MAINTEN- ANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZ- ING THE TRANSFER AND CONVEYANCE THEREOF. RESOLUTION NO. 4822 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 341, IN THE CITY OF WEST COVINA FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF." • RESOLUTION NO. 4823 "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS AND DRAINAGE SYSTEM KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 362, IN THE CITY OF WEST COVINA FOR - 32 - CITY COUNCIL Page Thirty-three PUB. WKS: Cont'd. 1/14/74 FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE, TRANSFER AND CONVEYANCE THEREOF." .Motion by Councilman Shearer to waive further reading of the fore- going Resolutions. .Seconded by Councilman Chappell and carried. Motion by Councilman Shearer to adopt the foregoing Resolutions. Seconded by Councilman Chappell and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None PROJECT NO. UE-1563-1 LOCATION: Nogales Street, Valley Blvd. LOCAL AGENCY STATE to Pomona Freeway. AGREEMENT NO. UE-714-4 Council reviewed Engineer's report. RESOLUTION NO. 4824 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING A CERTAIN CONTRACT AND AUTHORIZING THE EXECUTION THEREOF." Motion by Councilman Shearer, seconded by Councilman Chappell and carried, to waive further reading of said Resolution. Motion by Councilman Shearer, seconded by Councilman Chappell, to adopt said Resolution and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT-: None PROJECT NO. SP-73006 LOCATION: West side of Citrus Street, OTIS D. and between Cortez Street and Walnut Creek GERTRUDE L. HARBERT Wash. Council reviewed Engineer's Report. RESOLUTION NO. 4825 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A GRANT DEED EXECUTED BY OTIS D. AND GERTRUDE L. HARBERT AND DIRECTING THE RECORDATION THEREOF . " Motion by Councilman Young, seconded by Councilman Shearer and carried, to waive further reading of said Resolution. Motion by Councilman Young, seconded by Councilman Shearer, to adopt said Resolution and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None TRAFFIC SIGNAL ENERGY Mr. Aiassa: Mr. Mayor, this was a REPORT follow-up report • suggested by Council. Motion by Councilman Shearer to approve recommendation of the Staff Report dated January 10, 1974; seconded by Councilman Chappell and carried. HOLLY PLACE WIDENING LOCATION: Holly Place, Cameron Avenue to 230 southerly. Council reviewed Engineer's report. - 33 - CITY COUNCIL PUB. WKS: Cont'd. Page Thirty-four 1/14/74 Motion by Councilman Shearer to direct staff to attempt to negotiate with property owner to obtain a right-of-way easement at no cost to the City; and authorize construction of temporary pavement by City forces, if easement is obtained. Seconded by Councilman Chappell and carried. ORAL COMMUNICATIONS Mr. Bom Mr. Mayor and members of the Council, as Representing you all remember the City was incorporated West Covina Beautiful in February, 1923, which means the birthday of the City is coming up again next month. As you are also aware West Covina Beautiful over the years, including last year, has organized the annual Birthday Balls. So this year again our Board has started making preparations for such a ball. This year it will be rather a simple event; nothing like last year. We will have some entertainment, good food, drinks and dancing. This will be on February 23, a Saturday. We have already secured the place, it will be in the Bainbridge Club at California Avenue and Bainbridge Avenue. Of course w67_will send out personal invitations to all of you and to members of the City Staff, members of West Covina Beautiful and other residents. When the invitations go out it is also always announced as the West Covina Annual Birthday Ball and we would just like_,,t.o have your concurrence to announce it again as the West Covina Annual Birthday Ball. I hope that most of you will have sometime to join us for a few hours and have pleasure with us. Thank you, Mr. Mayor. Motion by Councilman Young that February 23, 1974, be declared the night of.the West Covina Annual Birthday Ball under the auspices of West Covina Beautiful. Seconded by Councilman Chappell and carried. CITY ATTORNEY RESOLUTION NO. 4826 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 43291 ADOPTED MARCH 221 1971, ESTABLISHING THE YOUTH ADVISORY COMMISSION." Motion by Councilman Young, seconded by Councilman Chappell and carried, to waive further reading of said Resolution. Motion by Councilman Chappell, seconded by Councilman Shearer,to adopt said Resolution. Councilman Shearer: Mr. Mayor - a comment. We have discussed this in the past and my concern was answered in some amendment I thought until I received the schedule that we are going to start on tomorrow evening of interviews for our Youth Commission. A question was raised in my mind - we have only a schedule listing 19 applicants and being somewhat interested in how these things fall I took the time to sort them out. The Resolution states that an appointee to the Commission must either be a sophomore or a junior at the time of appointment, so if we eliminate the seniors that were definitely seniors listed in our packet we don't come up with enough applicants to fill the seven seats and seven alternates, if we eliminice seniors. I assume we have seniors scheduled for tomorrow night. I_ wonder if perhaps.we are adopting a Resolution that we might have a little difficulty in fulfilling because if you look at the distri- bution seven of the eligible juniors and seniors all come from one high school and while they live in West Covina the high school is located in Covina. If we are limited to these appointees we are going to have a little bit of an inbalance of Commissioners and Alternates. I wonder if this is an indication of a lack of interest or what. - 34 - CITY COUNCIL CITY ATTORNEY - Cont'd. Page Thirty-five 1/14/74 I am prepared to go ahead and pass the Resolution but we may find it one that' is difficult to comply with. Councilman Nichols: I thought the original one said that the Alternates would be the younger ones and they then would come on into full service.. (Councilman Shearer. read Section 1,eEstablishing Youth Commission.-) Councilman Shearer: The intent there was, the appointments being made in April, I believe, that they would be the majority of the time Seniors, and if we appoint Seniors in April and they then depart to college we have to deal with that problem. So this was an attempt to eliminate that eventuality, so then we find ourselves with this one. If we eliminate the ineligible ones then we don't have enough left. Maybe that is a problem we should take up tomorrow night. Mayor Lloyd: It does pose a problem and I agree with you the intent of course was to bring those people back such as Lyn Giles and Brenda Thompson and these girls are both Seniors, and if we enact this we can at least appoint them in the initial phases and then swing around by April and start over again, in order to get this thing rolling. Can we do that? Mr. Aiassa: Mr. Mayor - I have one suggestion - it might be preferable to have Council carry this Resolution over because you are not going to make your appointments until the 28th. Review your candidates tomorrow night and see what it looks like and then maybe you can get some of this resolved before adopting the resolution on the 28th and then make amendments to 'it. Councilman Young: That may be a good idea. Or the words "wherever possible" may resolve the issues raised. If not, those words should be inserted elsewhere in the Resolution so we reserve sufficient flexibility in light of the uniqueness of this program anyhow. Mayor Lloyd: That makes sense to me. Mr. Wakefield -we have a Resolution to adopt, will you help us out? Mr. Wakefield: I think if we simply insert the word "Senior" so the second sentence of Section 1 reads: "members of the Youth Advisory Commission shall be Seniors, Sophomores or Juniors in .high:-s.Ghool at the time of their appointment...." and then leave the Alternates either Sophomores or Juniors at the time of their appointment. Mayor Lloyd: If that is satisfactory may I have a motion to amend the Resolution. Motion by Councilman Shearer that the wording in the third paragraph, Section 1, be amended to read: "Members of the Youth Advisory Commission shall be Sophomores, Juniors or Seniors in high school at the time of their appointment." Seconded by Councilman Young and • carried. Motion to adopt resolution carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None - 35 - CITY COUNCIL CITY ATTORNEY - Cont'd. Page Thirty-six 1/14/74 RESOLUTION NO. 4827 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REQUESTING ASSESS- MENT INFORMATION FROM THE 1974-75 ASSESSMENT ROLL." Motion by Councilman Shearer, seconded by Councilman Young, to waive further reading of said Resolution. Motion carried. Motion by Councilman Shearer, seconded by Councilman Chappell, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None WILLIAMS & MOCINE Mr. Wakefield: Mr. Mayor and members of SUPPLEMENTAL the Council, this is the AGREEMENT amended contract with Williams & Mocine to pro- vide for the study of the area immediately to the west of the Central Business District Redevelop- ment Area. Motion by Councilman Chappell, seconded by Councilman Shearer and carried, to approve. ADOPTION OF NEW Mr. Wakefield: Council has a staff report CONSTRUCTION CODES on this, Mr. Mayor and members of the Council, and the appropriate action would be simply to instruct the City Attorney to prepare the necessary ordinance and set for public hearing for the adoption of the codes as amended regulating construction in the City of West Covina. .So moved by Councilman Chappell, seconded by Councilman Shearer and carried. REPORT ON VENDING Mr. Wakefield: Mr. Mayor and members of MACHINES BUSINESS Council, last year you LICENSE FEES will recall there was ,some question raised with respect to the provi- sions of our Business License Ordinance as they relate:- to coin operated vending machhes. This report simply reviews and points up the problem raised by the operators but really doesn't recommend any solution to the problem. I guess there are really two alternatives available to the City Council, either leave the Ordinance as it is or accede to the request of the operators and amend the Ordinance to provide for a single gross receipts levy upon the total business operations of the operators within the City without regard to the total number of machines he has. Councilman Young: Mr. Mayor, I rather hate to see us get -.into another lengthy discussion tonight - is this an item that needs to be taken care of tonight? Mr. Wakefield: No sir. Councilman Young: I would like to express an opinion and say that I think basically when you are taxing a vending machine the appropriate basis for the. tax is revenue. I think that is especially true of vending machines. A vending machine is a convenience to whomever is a customer of it. I don't know if you want to get into a discussion on this tonight or not, but I felt some of the complaints were well taken by the vending machine operators. Mayor Lloyd: Let's have a motion to hold it over. - 36 - CITY COUNCIL CITY ATTORNEY - Cont'd. Page Thirty-seven 1/14/74 Motion by Councilman Young to hold over the item relating to Vending Machine Business License Fees; seconded by Councilman Shearer and carried. RESOLUTION RE APPRENTICE FIREMAN is' RESOLUTION The City Attorney presented: HELD OVER "A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF WEST COVINA AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 1277 RELATING TO A CERTAIN AUTHORIZED POSITION AND SALARY. (Apprentice Fireman) Motion by Councilman Shearer, seconded by Councilman Chappell and carried, to waive further reading of said Resolution. Motion by Councilman Shearer, seconded by Councilman Chappell,�:td adopt saidiRdsolution. (Mayor Lloyd called on Mr. Smith to speak as he had previously requested.) Mr. R. Smith, (Representing the Fire Fighters Association) Business Representative Thank you, Mr. Mayor. I have a letter here Teamster's Union which reads: "Honorable Council: On behalf of the Fire Fighters of West Covina the Public Employees' Union, Teamster's Union Local 986, wishes to go on record in opposition to the Apprentice Fireman program as now proposed by management. The decision to oppose is based on an overwhelming membership vote taken on Thursday, January 10, 1974. However, based on the 4 to 1 vote of your Personnel Board to approve the program and revise job specifications for the position,..of Apprentice Fireman without our suggested modifications to improve the program it is the desire of the membership to cooperate in the implementation of the program. Further, it is the intent of the membership to police the augumentation of the program so it stays within the perimeters outlined in the policy.' 'We believe that if the City proceeds with the Aprrenticeship program it should follow along.the lines as similar programs in the private sector. That is the Apprenticeship will be a training function and not to be used to lower salaries. This point is of major concern to your Fire Fighters who wish to further the career service but at the same time feel this could evolve into a manning function to the detriment of the Fire Department. The Public Employees' Union -';.As confident the Honorable Council will take all our. concerns now and in.the future into consideration as the program evolves. (Signed: Public Employees' Union, Local 980." Since that vote was taken and the letter was written it has come to our attention that the Paramedic Program which was supposed to be on the agenda tonight according to our understanding from the Personnel Board last Tuesday did not appear on the agenda tonight. Now this heightens our fear with regard to the Apprenticeship program, so we would ask that this be held up until the Paramedic program is brought to the City Council and passed by the City Council. That"is.an additional development since the Personnel Board meeting of last Tuesday. Mayor Lloyd: Were you told this was to be an agenda item tonight? Mr. Smith: Yes, that was our understanding at the meeting Tuesday night. We were told that by the Personnel Board members. - - 37 - CITY COUNCIL CITY ATTORNEY - Cont'd. Page Thirty-eight 1/14/74 Mayor Lloyd: That doesn't mean it will be on the agenda tonight, it would appear in the normal manner. I don't believe there is any unusual procedure that has been taken and it would be not necessarily in order that the Board would know when an item would appear only that they could recommend its appearance on the agenda. .Mr. Smith: We believe the thrust of their vote to override our objections and pass the program as presented was based largely on the fact that the Apprentice- ship program was going hand and glove with the Paramedic Program and this probably influenced to a great extent the 4 to 1 vote. And now the Personnel Board is not here and the Paramedic Program is not here either. Councilman Young: Mr. Mayor, could we simply inquire if there is knowledge when the Paramedic Program is going to be presented? Mr. Aiassa: Yes, January 28th. Councilman Young: I see no objection to holding this over to the 28th. Mayor. L1o.yd.:_.., _ We need , a substitute motion then - is that correct, Mr..Wakefield? (Answered: Yes) ':'Substitute.:.mo,tiorii..by CouncIl.man Young that this matter be deferred until January 28, 1974. Seconded by Councilman Chappell and carried. CITY COUNCIL MEETING RECESSED BY THE MAYOR AT 11 P.M. FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. COUNCIL RECONVENED AT 11:07 P.M. CITY MANAGER ITT LEASE Motion by Councilman Shearer to approve the Lease (Staff Report) Agreement between the City of West Covina and the International Telephone and Telegraph Corporation, Communications Equipment and Systems Division, and authorize the Mayor to execute said Lease Agreement. Seconded by Councilman Young and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None TESTIMONIAL DINNER SUPERVISOR PETER SCHABARUM The City Attorney presented: RESOLUTION #4828 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA HONORING SUPERVISOR PETER F. SCHABARUM FOR HIS CONTRIBUTION TO THE DEVELOPMENT OF LOS ANGELES COUNTY." • Motion by Councilman Shearer, seconded by Councilman Chappell and carried, to waive further reading of said ,Resolution. Motion by Councilman Shearer, seconded by Councilman Young, to adopt said Resolution and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None MBM CITY COUNCIL CITY MANAGER - Cont'd. 1974 PARK & RECREATIONAL BOND ACT (Informational Report) Page Thirty-nine 1/14/74 Motion by Councilman Young to receive and file. Seconded by Councilman Shearer and carried. YOUTH ADVISORY Motion by Councilman Shearer, seconded by COMMISSION Councilman Chappell, to authorize funds in the amount of $125.00 be transferred from the -Commission's Meetings Account (#744.5.49) to the Youth Advisory Commissions' Salaries Account (#744.5.10) to provide sufficient funding for the duration of the 1973-74 fiscal year to cover the added salary expense of two additional Commission members and seven paid alternates. Motion carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None MAYOR'S REPORTS PROCLAMATION Mayor Lloyd: If there are no objections I will; -(proclaim "March of Dimes Healthy Baby Week" - January 20/26/74. (No objections, so proclaimed) COUNCILMEN'S REPORTS/COMMENTS RESOLUTION NO. 4829 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WESTgCOVINA COMMENDING THE STUDENTS AND PHYSICAL EDUCATION STAFF OF RINCON INTERMEDIATE SCHOOL." Motion by Councilman Shearer, seconded by Councilman Chappell and carried, to waive further reading of said Resolution. Motion by Councilman Shearer, seconded by Councilman Chappell, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None Councilman Chappell: Just a brief comment. I did attend the meeting in San Diego as the Mayor asked and the City Council so graciously let me do it on Employee Negotiations. I think there are some things we should have decisions made on and very shortly. I think we can do it in an Executive Session - is that correct, Mr. Wakefield? Mr. Wakefield: Yes sir. Councilman Chappell: I think there are some things that can be pointed out for the good of the City and also for the good of the employees and when.that meeting is called I will present�:them. • DEMANDS Motion by Councilman Shearer to approve Demands totalling $2,733,667.6.7 as listed on Demand Sheets C856A, C932 through 9381, and B604A through 609A. (Again I have a point of note of the above total $1,600,000 is the transfer of funds to short term time funds) Seconded by Councilman Young and carried on roll call vote as follows: AYES: Young, Nichols, Shearer, Chappell, Lloyd NOES: None ABSENT: None - 39 - CITY COUNCIL Page Forty 1/14/74 Councilman Chappell: Mr. Mayor, one other comment. Mr. Eliot accompanied me to San Diego - the Council should be aware he was also there. Councilman Young: I would hate to make a point on this at this hour of the night, Mr. Mayor, but I seriously question, if we are going to have a report on a meeting that took place in San Diego whether it would be proper in an Executive Session. I think it would be proper in an open session. Only and if there were really some specific implicating factors and confidentiality seemed to be crucial to their effectiveness and then that should be so stated and perhaps be the subject of: an Executive Session. Mayor. Lloyd: I.believe the City Attorney commented on that. Councilman Young: Yes, but I disagree with him on that and it is rather late tonight. Councilman Chappell: Mr: Mayor, I can at the next meeting make some general statements but the things that are specific are things that the Council has to make some decisions on. If you want to make them out here be my guest, but I really don't want to. I can make some comments at the next meeting - the hour.is late for that now. ADJOURNMENT Motion by Councilman Shearer, seconded by Councilman Young and carried, to adjourn this meeting at 11:17 P.M. to 4:30 P.M. January 151 1974. APPROVED: MAYOR ATTEST• CITY CLERK