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05-13-1974 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA MAY 13;. 19 74. The regular meeting of the City Council called to order at 7:30 P.M., • in the West Covina Council Chambers by Mayor Chester Shearer. The Pledge of Allegiance was led by the Junior Girl Scout Troop ##355 - Gina Ciauri, Mary Pearl and Marie Ford. The invocation was given by Reverend Donald Helsel of Shepherd of the Valley Lutheran Church. ROLL CALL Present: Mayor Shearer; Councilmen: Browne, Lloyd, Chappell Absent: Nichols Others Present: George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk Leonard Eliot, Controller George Zimmerman, Public Service Director Michael Miller, Planning Director John Lippitt, City Engineer Gary Duvall, Ass It. to the City Manager Jeff Butzlaff, Administrative Analyst Jan Williams, Administrative Intern Chester Yoshizaki - Redevelopment Mark Volmelrt - Redevelopment Richard Klemp - Staff Reporter - S.G.V.D.T. • Mayor Shearer: As we are all aware, Councilman Nichols is ill, he has been in the hospital and I understand he is now home for at least a few days. The City Attorney has advised that under the circumstances, not knowing how long he will be unable to attend Council meetings and resume his duties, that it would be in order to pass a motion excusing him from his duties as a Councilman due to health purposes until he is able to return. So moved by Councilman Lloyd, seconded by Councilman Browne and carried. Councilman Chappell: And with that vote, Mayor, we certainly pray that he rejoins us just as fast as he is physically able to. Mayor Shearer: Yes, and along with that sentiment which we all share - we wish Russ the best. PRESENTATIONS MAYOR'S GAVEL TO Mayor Shearer: Tonight I have the honor FORMER MAYOR of making presentations JIM LLOYD to three men that have • served this community in different capaci- ties in an outstanding manner. It is my pleasure this evening to give them a small token of recognition. The first presentation goes to Councilman Lloyd, who last March finished one year as Mayor of West Covina, doing in my opinion and I am sure all of our opinions, an outstanding job as a Mayor and prior to that as a Councilman for five years. At the end of my term as Mayor I hope that I will receive a similar token of appreciation and that I will have deserved it just half as much as Jim has. I was thinking on the way over here tonight that perhaps in the not too distant future CITY COUNCIL Page Two PRESENTATIONS 5/13/74 he will be decorating an office with this presentation many miles from here. So Jim, on behalf of the City congratulations for a very fine year - you did a fine job and the best of luck to you in your future. • Councilman Lloyd: Well I really like your attitude - anyhow. And thank you very much, Mayor Shearer and my fellow Councilmen, including my good friend Bob Young, who is sitting in the audience. Win or lose, if I don't go to Washington I intend to continue to serve my community and if I do go to Washington I will continue to serve the community back there. Thank you. RESOLUTIONS OF Mayor Shearer: The next token of our COMMENDATION appreciation goes to another man who is trying to go on to bigger and better things - a man that I was fortunate to meet a few years back while out on a trip with a bunch of boys from the YMCA. Bob offered the use of his cabin spot in the San Gabriel mountains and it was a great.pleasure to meet Bob along the river and a much greater pleasure to serve with Bob a few years later on City Council. He too,has aspirations for bigger and better things and perhaps some day this plaque that we are presenting to him will enhance a much bigger office than what he now has. Robert Young: Chet, my fellow Councilmen and my fellow citizens, I think you so much. I would like to say that the past four years were certainly the high point in my life and especially the opportunity you, the City Council, gave me to serve as Mayor for a year. I submit that serving on a City Council is the most fundamental basic • form of community service and I am so happy that I had the opportunity to do so for a while. Thank you, very much. Mayor Shearer: It certainly seems like an evening for advancement - the next award goes to a man that has already gone on to bigger and better things. We have on our Council Nevin Browne, who prior to the time of taking the office of a Councilman, served us for five years on the Planniig Commission of West Covina. As a token of our appreciation for those five fine years and looking forward to the experience you gained on the Planning Commissicon in assisting us in making decisions here I would like to present to you this Resolution of Commendation for your years of service to the City. Councilman Browne: I would like to thank my fellow Councilmen for first giving me the opportunity to sit on the Planning Commission, which certainly excited my desire to do more for the City, and secondly to thank those people that elected me to the office of the City Council and for placing their trust in me. (Mayor Shearer appointed Councilman Chappell in the absence of Councilman Nichols to take care of the Demands and Councilman Lloyd to countersign.) is ADMINISTRATION OF OATH The City Clerk swore in Miss Suzanne Sylvia OF OFFICE as alternate to the Youth Advisory Com- mission. Mayor Shearer welcomed Miss Sylvia to the City family as the new alternate Youth Advisory Commissioner. - 2 - CITY COUNCIL Page Three 5/13/ 74 APPROVAL OF MINUTES APRIL 22, 1974 Motion by Councilman Chappell, seconded by Councilman Browne and carried, to approve minutes. • CONSENT CALENDAR Mayor Shearer explained the procedure of the Consent Calendar and asked if there were any comments on any of the following items: 1. WRITTEN COMMUNICATIONS a) San Gabriel Valley Humane Re three year renewal of contract. Society (Refer to Staff for report back 5/28/74 ) b) West Covina Senior Petition with 154 signatures sup - Citizens Club porting bonds for a Community Recreation Building with special facilities for senior citizens. (Refer to City Manager's item #F-1) c) West Covina Veterans Request permission to conduct Annual of Foreign Wars Post and Sale of Buddy Poppies on May 17 and Auxiliary No. 8620 181, 1974. (Approved in prior years, recommend approval) d) Mrs. .Samuel Concialdi Re hazardous walking conditions on 1022 W. Casad Avenue the northwest side of Vincent Avenue West Covina between Puente and Grovecenter Avenues. (Refer to Public Service Dept.) e) City of Walnut Notice of Public Hearing re • Case No. 136-74 Amendment to Walnut General Plan. (Refer to planning .Department) f) Board of Supervisors Notice of Public Hearing on May 23, 1974, at 9:30 A.M., on Proposed Amendment to Ordinance No. 1494 (Zoning Ordinance) re animals. (Refer to Planning Department and authorize Staff Attendance) g) West Covina Disposal Co. Re need to increase rates. (Refer to Staff) h) South Hills Band Booster Re invitation to play at the Club World's Fair in Spokane. (Representa- tive will be present) i) Alcohol Counseling Request for Non -Profit Business Associates License. (Recommend approval, City Attorney reviewed and approved) j) Mrs. Dorothy M. Swanson Request for Mail Order Business 513 N.'Broadmoor Avenue License.. (Recommend approval subject • West Covina to staff review and regulations) k) United Cerebral Palsy Request permission to conduct fund Association of raising campaign for May 1 to Los Angeles County July 1, 1974. (Approved in prior years, recommend approval) 1) Allison W. and Re Merced/Orange Avenue Plan. Angelina Jones (Refer to Planning Department) 2920 W. Elder St., W.C. - 3 - CITY COUNCIL CONSENT CALENDAR - Cont'd. m) West Covina Chamber • n) U.S. Department of Labor 2. PLANNING COMMISSION Summary of Action 3. RECREATION & PARKS COMM. Summary of Action 4. PERSONNEL BOARD Minutes Action Items 5. HUMAN RELATIONS COMM. • Summary of Action 6. YOUTH ADVISORY COMMISSION Summary of Action Page Four 5/13/ 74 Re study of existing bus routes and additional routes proposed by RTD and recommendations to Council. (Refer to Public Works #A-4) Re award of contract for audit of the Emergency Employment Act Grant No. 06-2-00174, County of Los Angeles Prime Agent; City of West Covina Subagent. (Informational) May 11 1974. (Accept and file) May 8, 1974. (Adj. Reg. Mtg) (Accept and file) April 231 1974. (6 PM Adj. Reg. Mtg.) April 23, 1974. (Reg. Mtg.) May 81 1974. (Adj. Reg. Mtg.) (Accept and file) April 2, 1974 (Receive and file) May 71 1974. (Refer to City Manager Items #F-5) April 251 1974. (Accept and file) April 23, 1974. (Receive and file) (1) Request.attendance..of four Youth Commissioners to California Youth. Coalition Third Annual Statewide Youth Conference on May 181 and 19, at the Los Angeles Sheraton, and authoriza- tion of funds in amount of $100.00 ($25.00 per Commissioner) (Budgeted item, recommend approval) 7. ABC APPLICATIONS a) Hungry Tiger, Inc. 14265 Oxnard St., Van Nuys, Cal. b) Helen L. Drenner 240 S. Pine, #K San Gabriel, .Cal. c) Christel & George Krause • 3061 S. Caricia Drive Hacienda Heights, Cal. Chief of Police recommends NO PROTEST. dba STARK'S RESTAURANT 2200 E. Garvey Avenue dba STAGECOACH 642 S. Sunset Avenue dba THE POST HORN 178 S. Glendora Avenue Russell French Mr. Mayor, actually I come here somewhat apologetically in that I live in the County and I represent a situation which is a combination of Covina and West Covina - Item 1-h, South Hills Band Booster Club. It is with considerable pride to us and I hope to CITY COUNCIL Page Five CONSENT CALENDAR - Cont'd. 5/13/74 you gentlemen that we are here this evening to bring to your atten- tion one of the niceties of life. It isn't too frequently that those of us in business have a chance to recognize the achievements of our youngsters, in this case the -South Hills Band and their invitation to play at the World's Fair in Spokane. • This band has been given the opportunity to play and appear at Expo 1974 carrying a banner on behalf of Covina Valley. I have with me for you Mr. Mayor and the Secretary, a complete breakdown on the itinerary of the trip the youngsters will take which I will leave with you. It is going to cost these youngsters approximately $250. for their travel fare to get to Expo 174. The School Board has approved the necessary time off from school , therefore it is obviously viewed by the School Board as a beneficial thing. We, as parents of these students, are frankly coming to the City Councils, if you will - on a carte blanc request for financial help, suggestions, etc. There are students in the -school that do come from homes that are somewhat financially depressed, others come from affluent homes, but in this package of papers we have given you we have given you an action plan that we hope will raise the amount of money needed. The total budget will run between $35,000 and $401000. We found that the City.of Glendora earned $85,000 to take some youngsters to Europe to play in the band concert in Switzerland, so. we have confidence that we can raise the amount of money needed to send our youngsters to Seattle, we feel we owe it to our youngsters to provide them with this opportunity. So Mr. Mayor, anything.you can do to help will be appreciated. We also are selling various tickets for raffles around the town and I sincerely hope this is within the Ordinances of the City. We will also be coming up with a carnival and probably other fund raising activities, but right now if the City could see its way clear to maybe help us someway financially, or have • your City Management review these packets and make suggestions to us, we would be most appreciative. Thank you. Councilman Lloyd: If I may speak to this, Mr. Mayor, I have already been somewhatinvolved because of Vi Christopher, who called me with regard to a storage area problem. And I also contacted the Mayor of the Cit.y.of .Glendora - I understood they had a little problem there and I will be talking again t.o Mayor Finkbiner to see if we can find a quick solution to that problem. I really feel these youngsters do need some help and while he did mention Covina Valley Schools we must remember that South Hills is in the City of West Covina. So I would like to see us. do what, we can to -help. Councilman Chappell: I think this is a great thing., I am sure our City Council will endorse your.project andsupport you and ask the newspapers to give you the publicity that is necessary and if you do have projects that need our endorsement we will certainly look forward to helping you in anyway we can. Mayor Shearer: I would suggest we refer this along with the package you presented us with to the • City Manager to see what the City can do in the way of assistance. Perhaps the Chamber of Commercen-Can become involved. Mr. Aiassa will you have staff look this over and report back to us at our next meeting as to just what role the City might be able to play in this regard. Councilman Chappell: Mr. Mayor, another item for consideration - we probably should send letters and the City Plaque along with the Band so they can present them to the Mayors of the Cities they will be visiting - - 5 - CITY COUNCIL. Page Six CONSENT CALENDAR - Cont'd. 5/1.3/74 so they will know that South Hills School is in West Covina. Mr. French: And Mr. Mayor, along those lines, there is a possibility that October 6th might be set aside as "West Covina Day" at Expo '74. We not exactly sure of the lines of.communication for this, however, •are we understand that the request has to emanate from the City Council involved and I will secure the names, titles, addresses, etc., if you will kindly contact them. Again, thank you, gentlemen. Mayor Shearer: Mr. Aiassa, will.you review this and report back to us, along with suggestions and recommendations. Mr. Aiassa: Yes sir. Councilman Chappell: This is an encouraggg piece of positive action and I am sure we all wish them well -in their endeavors, Councilman Lloyd: Mr. Mayor, Item 1-.d. I would like to see a letter from the Mayor sent to Mrs. Concialdi saying we are doing something with regard to her letter - or have you already done that? Mayor Shearer: No, I have not. I have a note on this and I assumed that letters of acknowledgement are sent to people particularly in a case where their letter is received on April 30, just after a Council meeting and two weeks ahead of the next Council meeting and it will probably be two more weeks before action is taken - so a month goes by and the citizen does not hear. Do we acknowledge these saying we received your letter and it is being referred to this or that Department and you will be notified - or do we wait for Council direction before acknowledging? Mr. Aiassa: Our standard practice is to wait for Council direction before we acknowledge to the person stating that they will be contacted, forinstance in this case, by Mr. Zimmerman. Councilman Lloyd: Well, just as long as they get an acknowledge- ment, I just didn't want it to hang in the air. Motion by Councilman Lloyd,. seconded by Councilman Chappell, to approve the Consent.Calendar items. Motion carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Shearer NOES: None ABSENT: Nichols GENERAL AGENDA ITEMS PUBLIC WORKS TRACT NO. 24006 LOCATION: North of Amar Road, east of • DONALD L. BREN CO. Lark Ellen. (Momument Bond) Motion by Councilman Lloyd to authorize the release of The American Insurance Company bond No. 7105497 in the amount of $3,490. Seconded ,< by Councilman Chappell and carried. 6 - CITY COUNCIL PUBLIC WORKS - Cont'd. Page Seven 5/13/ 74 PROJECT NO. SP-74002 LOCATION: Azusa Avenue, Cortez Street TRAFFIC SIGNAL INSTALLATION to Amar Road. AND MODIFICATION (Council reviewed Engineer's report) Motion by Councilman Lloyd, seconded by Councilman Browne and • carried, to approve plans and specifications subject to Federal Highway Administration approval and authorize the City Engineer to call for bids. Councilman Chappell: Mr. Mayor, I think our staff should be commended this evening at the results of their efforts to get this project off the ground in the two week time span in order to become eligible - I know they have spent a lot of time on it and I would certainly like to commend them for their efforts. SEWER EASEMENT LOCATION: North side of the freeway between STATE OF CALIFORNIA Barranca and Citrus Streets. (Council reviewed Engineer's report.) RESOLUTION NO. 4878 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A DIRECTOR'S DEED EXECUTED BY STATE OF CALIFORNIA FOR SEWER PURPOSES, AND DIRECTING THE RECORDA- TION THEREOF." Motion by .Councilman Lloyd;: seconded by Councilman Browne and carried, to waive full reading of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Browne, to adopt said Resolution and carried on rollcall vote as follows: • AYES: Browne, Lloyd, Chappell, NOES: None ABSENT: Nichols ABSTAIN: Shearer PUBLIC HEARING DEVELOPMENT PLAN NO. 5 Location: Amar Road, approximately (PCD-1) TENTATIVE TRACT 1000 feet, more or less, E/O the NO. 32339 - ENVIRONMENTAL northwest corner at Amar Road and IMPACT REPORT - Covington Azusa Avenue. Brothers Request: .Approval of a Tentative Tract Map and development plan for the subdivision and construction of a 476 unit multiple fam lyocoMplex within the Woodside Village PCD-1 zone (13 density units per acre) on a 36.6 + or - acre parcel. An ENVIRONMENTAL IMPACT REPORT has been submitted as part of the application. Recommended by Planning Commission Resolution No. 2522 Called up by Council on 4/22/74. (Proof ofi Publication of Notice of Hearing on 5/2/74 received.) (12 notices mailed on 5/1/74.) Mr. Miller: The staff report has been included Planning Director 4in your packet. There has been an additional summary added pertain- ing to the Study Session attended by Councilmen Lloyd and Browne regarding the subject property held on May 3. At the last Council meeting they were selected to attend as Council liaison. We do have slides to show if Council desires. If not, staff would stand by the :Staff Report submitted to City Council for their review. The Planning Commission Resolution ##2522 approved this subject to the conditions contained in the Resolution. - 7 - M CITY COUNCIL Page -Eight Pub. Hearing: DP ##5, TT #32339 - EIR 5/13/74 Mayor Shearer: I would suggest for the edification of the Council that we do avail ourselves of the material prepared by Mr. Miller and see the slides. • (Slides shown of location, proposed project, projects already built by Covington Brothers, elevations, colors of materials proposed, etc. Briefly covered Staff Report stating number of units, size, etc.) Mr. Miller: The Planning Commission at their meeting conducted an extensive public hearing and reviewed the Staff Report, copy of which you have in your packet and after considerable discussion the Planning Commissioners voted in their Resolution No. 2522 to recommend approval of the Development Plan No. 5 (PCD-1), Tentative Tract No. 32339, subject to the conditions enumerated in the Planning Commission Resolution. If you have any questions I will be happy to answer. Mayor Shearer: A clarification from the City Attorney. What items are actually open for discussion, approval or disapproval? Mr. Wakefield: What is before you is the Development Plan No. 5 for this particular area which is covered in the Planning Commission's Resolution No. 2522 as Development Plan No. 5 (PCD-1). So the development plan together with the Tentative Tract Map and the Environmental Impact Report and the statement to it by the Planning Commission all pend before you this evening for action. • Mayor Shearer: There is no Zone Change involved, it is merely an approval of the Development Plan and the Tentative Tract Map? Mr. Wakefield: Yes. THIS IS,THE TIME AND PLACE FOR THE PUBLIC HEARING ON DEVELOPMENT PLAN NO. 5 (PCD-1), AND TENTATIVE TRACT MAP NO. 32339 AND THE ENVIRONMENTAL IMPACT REPORT. IN FAVOR Ron Sloane As you know I represent the Umark Corporation Umark, Inc. that owns Woodside Village in its entirety .Westlake Village and we have been working for sometime in an ongoing effort to attract developers to this area. We are currently involved in two million dollars of con- struction to try and prepare this land to make it more attractive to prospective developers. We were quite pleased when we came across Covington Brothers and their projects. We visited their sites, liked what we say and.worked with them very closely and your various staff members for well over a year now and were quite pleased with the housing types they are providing for this particular parcel. We were concerned with the stereo type apartments that we think of when we consider a project of this type, but these homes have a residential character to them from the street view and we are very pleased with • the proposed project. We hope Council finds it within their power this evening to grant approval of this request, we are most anxious to get Covington Brothers underway, we have been very concerned with this area. The reason we are very much conerned is that we have a great investment in this property and in this City and we would like to get as many builders in here as we can and activity brings additional builders. We would like the City Fathers to be proud of this development as we were when we ran across Covington Brothers. Thank you. - 8 - CITY COUNCIL . Page Nine Pub. Hearing: DP #5 - TT #32339 - EIR 5/13/74 Mike Ryan (Requested and permission granted to speak Covington Bros. beyond the 3 minute limit.) (Sworn in by 2451 East Orangethorpe City Clerk) Fullerton Mr. Mayor and members of Council, the appli- cant has made every attempt possible to • blend the requirements of the PCD, MF-20, Hillside Overland and Woodside Village Master Plan text and this is a quote from the Staff Report, that in the opinion of your staff we have met all code requirements and have come up with a quality project. Staff recommended approval to the Planning Commission and after due con- sideration they took legal action to approve the project and recommended approval to,the City Council. Therefore, in the opinion of the Planning Commission and your staff we have met all the code requirements and have created a quality project. This plan before you tonight was not the first convenient plan which our consultants came up with - this plan is a calculated, well reasoned out plan. We cooperated with your staff and gave them every single item they requested. So there are logical reasons why the plan turned out the way it did. Some of the reasons had been presented to you in your packets, others had been discussed with you on an individual basis. It is not always easy to conform to the requirements of four,various codes; we not only made an attempt to do so but we have in fact done it and then some, and I guess this is why it took us over a year's planning effort and just under $100,000 in hard funding and planning money. (Mr. Ryan showed slides of.other Covington.Brothers projects completed in various areas in Southern California, ranging in age from new to 15 years of age, showing quality of homes, landscaping features, etc. Explained in detail the proposed project in regard to the hillside • property.) Mr. Ryan: This is definitely hillside property, there is nothing we can do to eliminate this so we must learn how to control it. Carl Brown of Williams Engineering will explain to you how we have conformed to all the codes and will point out alternative methods of grading the subject site which we examined and why we ran the streets in the direction we did, and further illustrate to you how we created an integrated land and building relationship. Ron Pecoff of Pecoff Nursery will discuss hydro seeding and the advantages of it. The Hillside Overlay Zone and the MF-20 speak to the desire that landscaping consider slope stability plantings for appearance and durability. This is why we contacted Pecoff and why we are desiring to hydro seed the slopes. If you have any questions we will be avail- able for your questions after campletion of our presentation. Carl Brown (Sworn in by the City Clerk) Williams Engineers Mr. Mayor and members of the Council, as 17401 Irvine Blvd. both Mr. Miller and Mr. Ryan mentioned Tustin we were working under four different • regulation ordinances: Woodside Village Master Plan, PCD, MF-20 and the Hillside Overlay Zone. One of the things we tried to do in coming up with the development plan you see on the board is to integrate the development with the existing topography and as Mr. Ryan pointed out we have 90' of fall from the north line to Amar Road. One of the ways and truly the only way this can be accomplished is by running the streets with the grade of the land and as soon as you try to change that you end up with - 9 - CITY COUNCIL Page Ten Pub. Hearing: DP #5 - TT #32339 - EIR 5/13/74 slopes and in order to integrate and make the development conform more closely with the topography you must break the slopes in as many places as you can. This also conserves the street improvements, utility improvements and gives you more open.space. To illustrate some of these points I would like to show you some slides. (Grading plan alternatives shown and explained in various exhibits.) One of the things that comes up is the lot area in this concept. The total usable lot not including the slopes by the building is 8500 square feet. Of this 31.00 square feet is occuppied by the building foot- print itself. Another 1900 is occuppied by driveways and parking, leaving a total usable open space on each lot of 3500 square feet. If there are any questions I will be glad to respond. Thank you. Ron Pecoff Primarily the reason I am here is to inform Hydro Seeding Nursery you on the use of hydro seeding. The Escondido developer and the architect both proposed the use of hydraulic seeding on all the slope areas. We have also made recommendations as far as maintenance considerations on the slope areas and I have brought some slides along to show you what is happening in hydro seeding and what can happen in its potential use. ( Many slides shown of projects where hydro seeding was used - shown at first planting, 3 months later, 9 months later, 18 months later, and so on and explaindd.) Eight years ago we started this concept. We are getting maximum results all around the world and in the United States. (Explained the relationship bet�geen root growth and top growth. ---'and why it is better to hydro seed than use the usual .15 and 5 gallon can method of. plantings.) James R. DeMarco Mr. Mayor, we represent the developer and • Fulop, Ralston, Burns &. owner with respect.to the matter before McKittrick -.this Council. The reason h am here tonight Attorneys at Law gentlemen, is because Covington Brothers 9665 Wilshire Blvd. retained our law firm once it realized Beverly Hills there was an appeal from the Planning Commission decision, and asked that we advise them.of.their rights with respect to the intended approval of the Tentative Map, and in the even the recommendation of approval should -not prevail at Council level so they will have a record to appeal from. (Mayor Shearer suggested perhaps it might be well to have a 5 minute recess at this time before going on into what seemed to be a rather lengthy presentation by Mr. DeMarco. who requested 15 minutes. Recess called at 8:55 P.M. Council reconvened at 9 P.M.) Mr..Wakefield: Mr. Mayor, Mr. DeMarco has handed me a list of some twenty-one exhibits that are all part of the official records of the City, either documents that are in the files of the Planning Commission or in the files or records of the City Clerk. I think it is in order that the action be to just receive them and the secretary can include the list of the exhibits in the record. • Mr. DeMarco: official part of this Mr. Wakefield: I take it then that each one of the items, 1 through 21, which I have listed as Exhibit A, B, Cl and so on will be an proceeding? Right. - 10 - CITY COUNCIL Page Eleven Pub Hearing: DP #5 - TT #32339 - EIR 5/13/74 (LISTING OF EXHIBITS PRESENTED IS AS FOLLOWS: 1. Copy of West Covina Municipal Code Ordinance 115 (1=26-70), Planned Community Development. PCD Zone, Sections 9231 through 9321.11 (EXHIBIT A hereto) 2. Copy of Woodside Village Master Plan. (EXHIBIT B hereto) • 3. Copy of West Covina Municipal Code-MF-20 Zone, Sections 9206 through 9206.5. (EXHIBIT C hereto) 4. Copy of West Covina Municipal Code Ordinance 1117 (2-9-70),. Hillside H Overlay Zone, Sections 9229 through 9229.10. (EXHIBIT D hereto) 5. Certified Copy of completed Covington Brothers Residential Design Questionnaire. (-EXHIBIT E) 6. Certified copy of owner's statement supporting requested PCD Zone Development. (EXHIBIT F) 7. Certified copy of development plan, approved by Planning Commission on 4-3-74. (EXHIBIT G) 8. Certified copy of tentative tract map 32339, approved by Planning Commission on 4-3-74. (EXHIBIT H) 9. Certified copy of environmental impact report approved by Commission 4-3-74. (EXHIBIT I) 10. Certified copy of Planning Commission staff report of April 3, 1974. (EXHIBIT L) 11. Minutes of Planning Commission hearing dated 4-3-74, pages 9 through 25. (EXHIBIT K) 12. Certified copy of Planning Commission resolution 2522 dated 4-3-74. (EXHIBIT.L) 10. Certified copy of April 8, 1974 letter to Covington Brothers from the Planning Commission noting 4-3-74 approval. (EXHIBIT M) 14. Certified copy of 4-15-74 letter to Covington Brothers from Planning Commission noting acceptance by Covington Brothers of conditional approval of Planning Commission (EXHIBIT N) • 15. Certified copy of Planning Commission resolution No. 567 (EXHIBIT O) 16. Certified copy of April 8, 1974 agenda of West Covina City Council (EXHIBIT P) 17. Certified copy of minutes of West Covina City Council meeting of April 8, 1974 (EXHIBIT Q) 18. Certified copy of April.22, 1974 agenda of West Covina City Council (EXHIBIT R) 19. Copy of minutes of West Covina City Council meeting of April 22, 1974.(EXHIBIT S).. 20. Notice of Public Hearing dated 5-2-74 (EXHIBIT T) 21. Agenda of City Council meeting of May 13, 1974, pages 1 and 5,only (EXHIBIT U) Mr. DeMarco: I would like to address myself tonight to the legal actions of the Subdivision Map Act and the limitations placed on the Council with respO' ect to the approval or disapproval of a Tentative Tract Map. It is limited because the State has pre-empted the field of Sub- division control, and any laws by ordinance not in conformity with the Subdivision Map Act are null and void and unenforceable. (Cited two court cases - 1957 and 1965, pertaining to the Subdivision Map Act) Sections 11500 and thereafter.) • So the State has pre-empted the field in all respects except as to design and improvements. Thus the Cities and Counties are limited in reviewing Subdivision Maps and they may only deny a map if there is a basis for doing so within the Subdivision Map Act. The Subdivision Map Act thus tells the City Councils and Boards of Supervisors the exact reasons they may turn down a tenta- tive map. CITY COUNCIL Page Twelve Pub. Hearing: DP ##5 - TT ##32339 - EIR 5/13/74 Section 11 .5 of the Business and Professions Code, gives only seven reasons for denial. A - that the proposed map is not consistent with applicable General and Specific plans. I submit to you that there are no opinions here tonight on the part of your Planning Commission or staff that this • tentative map and supporting papers is 'inconsistent; thusether-eeis' no evidence upon which the.map can be denied on that count. B - that the design and improvements is inconsistent with applicable -.- General and Specific Plans. There is no evidence that would justify the City Council in denying approval of this on that count. C - if the site is not physically suitable for the type of development pro- posed. The Planning Commission and staff have stated that this site is suitable for this development and the developer has met all the zoning requirements of the PCD, MF-20, Hillside Overlay, etc. D - the site is not physically suitable for the proposed density of the development. The Staff Report indicates the density proposed by the developer is less than allowed by your municipal codes. Again, there is no evidence upon which you can deny this map. E - the design of the buildings or the proposed improvements That would appear to be covered in the Environmental Impact Report and that report has been approved by the Planning Commission. F - the design of the subdivision or type of improvements is likely to cause serious health problems. There is nothing presented here or before the Planning Commission who approved this, that would indicate that anything in this proposed subdivision is likely to cause serious health problems. G - the last item, is that the design of the subdivision will conflict There is no evidence before this Council which would indicate that is the case with respect to this development. Not only does the subdivision map set forth • the only items upon which a Council or Board of Supervisors must rely if they are going to deny a tentative map, it indicates if they are going to deny they must make findings and indicate what evidence they rely upon for their finding. Section of the Business and Professions Code reads: 11 ...... upon conclusion of the hearing the governoring body shall within 7 days declare its finding based upon its testimony and the documents produced before it. It may sustain the findings of the Advisory Agency and make such findings as is not inconsistent with the provisions of this chapter or adopted pursuant to this chapter. So we find that the City Council can only deny the tentative map for the specific items within this code and then it must rely upon the evidence before it. From the items I have outlined a court would set aside the disapproval of this tentative map. In order to disapprove there must be evidence before this Board which would justify that denial. The Board is not permitted.this discretion, the City Council is not permitted this discretion to deny a tentative map because in their opinion there should not be growth in the area, or there are not enough parks or schools. The Subdivision Map Act is constantly changing and there are new provisions in there covering • • but there are many other things missing and the Stateindrafting the Subdivision Map Act put the rights of the property owner and the developer ...... The Subdivision Map Act represents the limitations upon which the • developer as well as City Council and Board of Supervisors can act. I submit to you that there is no substantial evidence in the record before this Council which would justify a denial of this map on any of the grounds set forth in the Subdivision Map Act. - 12 - CITY COUNCIL Page Thirteen Pub Hearing: DP #5 - TT #32339 - EIR 5/13/74 I would like to refer to one other item. The Map Act indicates in Section 11552 that a governing body must act upon the result of its..Advisory Board - the Planning Commission - at its next regular meeting or within ten days, whichever is later and if it does not act then the tentative map is approved in the form approved by the Planning Commission. There is substantial • evidence that this Board has not acted within the ten days or at its next regularly scheduled meeting. The next regularly scheduled meeting of this City Council, according to the best information available to me, was April 8th. There was no action at the April 8 meeting. and that may well result in the applicability of Section 11552 rendering the tentative map approved by inaction. Our client has been operating in good faith for a period of one year or more, attempting to satisfy all the desires of this community through its representatives, the Planning Commission. The Planning Commission has asked on numerous occasions for them to change their plans and they have done so. My client has asked the Planning Commission and Planning Staff as to how they interpret the various codes and they relied on those interpretations and they have expended nearly $100,000 in moving this project to the point it is at today. As you can see from the presentation made tonight, it is a_very professional organization. They are not trying to railroad a project without having.tbuse innovative thinking. They have complied with the General Plan, Specific Plan, etc., and filed a good Environmental Impact Report, acceptable to everyone. So they have complied with the codes and they do not want any further delays. They have accepted the conditions of the Planning Commission and they are numerous. The City has had ample time to review any problems that may exist with this project and now is the time for • approval. We have advised our client of his rights and we have re- viewed the file as presented to the City Council, we are of the opinion there is no valid legal reason to deny this tentative map and we have so advised our client. They in turn have advised us that in the event there is denial that we should proceed to file a Writ of Mandate in Superior Court in order to overturn a wrongful denial. I would like to ask the City Council for an opportunity to offer some rebuttal if necessary to any other arguments that may be made - would that be in order? Mayor Shearer: I have indicated in.my opening remarks that you would be afforded the opportunity to rebute. Is there anyone else that wishes to speak in favor of the proposal? Robert Jackson Mr. Mayor - as a point of order. In the Planning Commissioner testimony just given it was pointed out several times that the Planning Commission had requested compliance. I am sure he meant the Planning Depart- ment, and the record should so state that in several entries. THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED. • COUNCIL DISCUSSION. Mayor Shearer: Mr..Wakefield, do you have any comments with regard to the presentation made by the attorney for the applicant? Mr. Wakefield: Mr. Mayor and members of the City Council, I would like to comment briefly with - 13 - CITY COUNCIL Page Fourteen Pub. Hearing: DP #5 - TT-#32339 - EIR 5/13/74 reference to the point Mr. DeMarco made concerning the Subdivision Map Act and its effect on.this.proceediiig. In this particular matter our Planned Community Development Zone requires that the proposed Subdivision Map be a part.of the application for approval of the development plan. I am certain that the Subdivision Map as proposed would be of no value to Covington Brothers or,anyone • else if the development plan itself is approved or disapproved, simply because the subdivision of land proposed could not be accomplished by a development that did not meet the requirements of the City's ordinances. The Subdivision Map in this particular case is simply a part of the application for the approval of the development plan;if the development plan is not approved then the Subdivision Map actually falls. I am certain the developer would not wish to come along and file a final map for a division of land which would not be developed, it would simply mean the subdivision would ultimately have to revert to acreage and be resubdivided to conform to whatever development plans might be ultimately approved. What is before you tonight is a matter of determining whether or not the proposed development as outlined conforms to the Master Plan Development approved for this particular area and whether or not it meets the requirements of the PCD and the MF-20 zone, which is the basic underlying zone which is applicable to this particular proceedings. The MF-20 zone basically requires that parcels of land beat least one acre in size. I think the problem of conformity in this cease as_between the MF-20 and the proposed development plan is obvious. It is for that reason I think that the question as to whether or not the tentative subdivision map is or has been approved is a matter of little importance. -If the development plan is approved then obviously the gubdivision Map will be approved because it is the means by which the development will be carried out. If the development plan is disapproved then the • Subdivision Tentative Map accomplishes no purpose either to the developer or anybody else and it will fall accordingly. Mayor Shearer: Thank you, Mr. Wakefield. Is there Council discussion? Councilman Browne: Mr. -Mayor, I will lead off with my first con- cern that goes back to what Mr..Wakefield stated - the MF-20 requirements, Section 9206.5C regarding Site Size reads: "Each lot or parcel shall have a minimum area of one acre of land and a minimum width of 150'..... " This is my prime concern on this whole project based on the criteria set forth. If there is some discrepancy in our PCD and the interpretation of our criteria going.back to the PCD Plan I think we should take corrective steps so wehve no future reoccurrences of this. Here we are considering a fee simple lot arrangement for an individual development ofd851,.square feet and this was my prime concern. Mr. Wakefield: Mr. Mayor and members of Council, I don't think there is any conflict between the PCD provisions of our zoning ordinance and the MF-20 requirements that were originally made applicable to this particular development. The conflict arises in this case simply because the developer has proposed a plan of subdivision for • multiple housing units which varies from the traditional pattern of apartment units built under the MF-20 ordinance. If the development plan is approved then the City Council will ultimately have approved a deviation from the MF-20 standards, but again that is a matter within your own discretion. You accomplish that simply by approving the development plan that is before you. If the development plan as proposed is unacceptable then it is the prerogative of Council to disapprove of it. Mr. DeMarco: Mr. Mayor, may I have an opportunity to - 14 - CJ C� 0 CITY COUNCIL Page Fifteen Pub. Hearing: DP #5 - TT #32339 - EIR 5/13/74 respond to Council's comments? Mayor Shearer: No, the public hearing portion is closed. .This is Council discussion only. I also want to make this comment. We are not in a court of law at this time and I hope we don't get into a court of law. Council here is trying to exercise its job in determining if this is a quality development and the type of development we want in this City. I am not going to prolong a long legal discussion of statistics, etc., things that I don't understand to begin with. I think our Attorney has advised us that we have the prerogative of approving or disapproving the development plan; we may not have the prerogative to disapprove the tentative tract map but we do have the prerogative to disapprove the development plan. In that regard we will proceed with Council discussion. Councilman Chappell: I have a question. We are talking about the common driveways - as I understand it - down the middle is the property line - what determines the fact that it takes my wife or myself in order to get into, our garage the need to move over into the next neighbor's driveway to turn into my garage? Do we have a problem.here? Does it develop into something that we are not visualizing now?,; Mr..Wakefield: Councilman Chappell, the necessary easements for ingress and egress could be provided as a part of the covenant restrictions that are applicable . Mayor Shearer: I would like to call on Mr. Ryan, or someone, to answer that question only. Explain the common driveways. Mr. Ryan: Yes, in the CCR's which must be approved by the Planning Director and the legal staff of 'West Covina, the ingress and egress easements will be provided for, so we will not run into this problem. Mayor Shearer: also have the right into your garage? Mr. Ryan: Councilman Chappell: Mr. Ryan: So if in trying to get into my garage I had to drive on your side to make the turn and if you were on the opposite side you would to utilize my half of the driveway area to get function of the building lot needed. Councilman Browne: Mr. Ryan: Councilman Browne: Yes, that is right. Before leaving, Mr. Ryan, the pictures you showed us of several different locations, were they all 85 square foot lots? La Habra - basically built on the same size lots. Others varied because they are different building types. It is a footprint that determines the size of the Mr. Mayor, I have one other question. I believe the guest parking location is at the rear of the building? That is true. I took a trip down to one of your other locations and I noted there were cars parked in these common driveways on one - 15 - CITY, COUNCIL: Page Sixteen Pub. Hearing:, DRP #5, _ TT ##32339, EIR 5/13/74 side which would.prohibi t access from cars on the opposite side. And •this. would..not be a problem were the guest parking was not available in the. rear-, In looking. at our pr.ob,lems within .our City most multiple family problems are created.because of, creating problems for maintenance and street sweepingservices; also I,noted that 90/ • of the curb parking was taken up by these comparable developments and these are items of concern in our City and they do create problems for the City and the neighbors. These are the things we look at and we do require proper guest parking areas. I feel the guest parking location suggested here is bad and is in adequate. Mr. Ryan: The code requires a two to one ratio of park- ing on site. As far::=.as the LaHabra Tract, assuming there was parking in the area, there is two ways we can go.. We are going to.have a Homeowners' Association hopefully that will provide -against this. We are also going to have the majority of the people purchasing resident members, they can also police the area and as.you know it is illegal to park in the alleys, so we have the police entity.which.comes in and takes control. As far as parking on the street, it is.unfortunate.. I would like to see some type of city code that could keep people from parking on the street but maybe this is why cities require streets to be the width they do. Maybe if the streets were brought.into 15' widths it would not be feasible to park a car there. But to answer your question, we have met code requirement of two to one on site and if people park in the courtyards the Homeowners' Association will contact them, and as a last resort, the police. Councilman Browne: Even though you brought up the fact that the police would be the last resort - this is what I am against. We already have an overburdened police department. • Mr. Ryan: We do have two buffer agents before the last resort - the Homeowners' Association and the resident manager, or in this case the individual property owners. ."Mayor Shearer: Mr. Wakefield, I am interested in the last resort, in the utilization of this to enforce parking on private property - can our police force go in and give someone a ticket for parking on private property? Mr. Wakefield: There are provisions in the vehicle code that under certain circumstances and with the consent of the property owners that in certain commercial.. areas the provisions of the vehicle lode may be made applicable in private parking areas and the provisions of the code enforced. However, as far as I am aware there are no existing laws which permit that to be done on a privately owned street or area in a residential development. Councilman Lloyd: I know this is the same • can be brought up before Planning Commission. Mr. Ryan, when we spoke before we talked about the possibility of an increased recreational area - swimming pool, etc. plan because this is the only plan that Council as a.result of the action of the Mr. Ryan: Let me first describe what we are proposing. We are proposing a cabana, a few gas barbeques, a regular sized swimming pool for the adults, a wading pool for the children, and a child's play area. Each of these units have their own private patio. If you Mi`� CITY COUNCIL Page Seventeen Pub. Hearing: DP ##5, TT #32339, EIR 5/13/74 would like we can change the size or change the cabana to a rec building (gave size), however, I feel that most of the people living here will prefer their own individual patio and home. I would be agreeable to scratch the cabana and put in an adequate size rec building which would contain a fireplace and a large hall for meetings, etc. Is Councilman Lloyd: Thank you. I have nothing further. I don't understand how we all of a sudden seem to be in a period of testimony. I thought we were sailing along all right, so I don't understand this heavy hammered approach. I thought the presentation was outstanding and then all of a sudden I am told what I can or cannot do and then I listen to our own counsel and I find myself wanting to vote this down, which is not the basis of my consideration, so I can maintain objectivity even in the face of that type of thing. I understand the problems presented here and the problems Umark faces in trying toget their land developed as rapidly as possible. They have a tremendous financial involvement in this community and as a matter of fact the City has an obligation in this respect and certainly as a person who has made decisions on this Council I would say that we have a moral obligation to listen very attentively to what is proposed to us and to decide in the best interests of the City of West Covina. In this case I thought that relationship was a pretty good one, I wasn't under the impression that we had any great overpowering problem. Personally I understand the relationship of the number of units and the 85 square feet of land, and in listening to Mr. Wakefield I understand the rights of the Council in making their decision. So let's talk about the merits of this question. One of the problems this property faces is its proximity to the BKK dump. We have had serious problems with regard to the dump as far;as.odors. -I don't know the exact relationship between • the dump and this development, but there is no dispute if we bring in people in any great number and we have an ongoing problem with the dump then these people are going to be sitting right here in the audience with other Mr. DeMarco's representing them and complaining of the proximity of the dump. On the other hand I don't think the dump problem will proceed into a problem, hopefully it will in time develop into the park we hope to look forward to in future years. I am impressed with the presentation made in regards to the homes built elsewhere by Covington Brothers. Those that you have been involved in according to the slides shown have been very good ones. And certainly in comparison to Woodside Village they meet every standard as far as I can see from the pictures showed. I was impressed with the trees and the greenery and the obvious intent of good livability features that you showed. I then thought of all the things we might put in this area if we say this isn't really what we want - we are seeking something else. I was thinking what can I really get? So we face the problem of not this then what? So on that basis and commensurate with the limitations which have been placed by the Planning Commission and the Planning Department I think the only technical device I really want is some assurance that some highspeed salesman doesn't go out on a limb in regard to the possible parks and school sites. I want an ethical approach of selling this so that none of the pro- blems that presently exist in Woodside Village will exist here. I am interested in a good development in the City of West Covina and I don't think this is bad. I have seen other developments in the City that I voted for and frankly if I had to do it over again.I would not. - 17 - CITY COUNCIL Page Eighteen Pub. Hearing: DP #5, TT #32339, EIR 5/13/74 Councilman Chappell: Mr. Mayor, we did have one other area - recreational vehicle parking. I thought this was going to be enlarged or a new proposal was to be made. Mr. Miller, can you enlighten me on this? • Mr. Miller: The recreational vehicle storage is located approximately in this location. (Pointed out on displayed map) Councilman Chappell: At our meeting previously we discussed for this many units that seven didn't really seem to be but a drop in the bucket and I had heard through the grapevine that more spaces were to be added - is that true? Mr. Miller: As mentioned earlier in the evening the only plan that can come before the Council is that which was approved by the Planing Commission. Modifications can be made to the.plan. Possibly Mr. Ryan can answer the question more fully. Mr. Ryan: Yes, in working with staff on one of the plans we brought up they noted we did not have any recreational ve hicle storage areay,:dnd it is always hard to come up with how many spaces should we have. In discussing with Mr. Miller we brought it back with seven spaces, which looked like a good decision. With further meetings with the City Council on an individual basis we got into the RV storage problem and we attempted to come up with a ratio that would be suitable. There is a project on Cameron and Azusa with 121 units and 20 RV spaces; another project of 161 units with 22 RV spaces and that works out to a ratio of 6.15 and the other two projects are • ownership units. I don't know what the consumption ratio is for people that rent, this is difficult to determine. What I would like to propose since we are concerned with RV storage is an addition of 15. We would then be offering a total of 22 spaces. This is con- sistent with the ratio evidenced in other projects thrughout this community. The way we would work .it is on Lot 4, the lot above the RV storage area now, would be turned into RV storage. Lot 4 would have 15 spaces and Lot 5 would have 7 spaces. Hopefully this number is acceptable to the �ity Council. Councilman Chappell: Mr. Mayor, I made a trip out to the La Habra project on Friday. There are a lot of good things I saw out there. The buildings are well maintained and they have an attractive look. There was just a little bit of a problem with the common driveways and I think in meeting with Mr. Ryan I brought this out a couple of times, that the common driveway wasn't a good approach to private parking. When I visited the LaHabra project is was during the day and the automobiles were not in abundance as they would be at 6 or 7 P.M. in the evening. In the project I saw and the films they showed it appears this would be the type of development that would maintain its quality of appearance through the years and this helped me to realize that this proposed project isn't all bad, that is has some merits. • I do feel a little like Councilman Lloyd, when we saw the new innovation of the plantings and the way this project was laid out, I thought it was all good, and.then the sledge -hammer approach started me thinking of how many ways I could shoot this thing down, but then I curtailed my feelings and thought of what is best for the City. I would like to recommend to Umark though that this really doesn't set too well with me and I hope in the future we do not come up with this type of approach. CITY COUNCIL Page Nineteen Pub. Hearing: DP #5, TT #32339, EIR 5/13/74 Looking at the overall picture - Mr. Miller, Our Planning Director, assures me there will be safeguards built into this to overcome the deficiencies , such as that of the maintenance area, the common driveways and that will alleviate some of my problems. So with that reassurance maybe this project e-ould • get off the ground. They have enlarged the concept of the recreational area and they have given more space to the recreational vehicle storage area. The parks themselves are additional land in addition to what they had in La Habra, as I viewed it. I could be wrong but it looks like there is a little more open space and greenery here that would make this project even nicer than the one in La Habra. Mayor Shearer: Any further discussion? I think we have pretty well expressed our feelings with regard to the last presentation of the hearing. It may have a place in some Councils but I don't think it does in West Covina. I am almost afraid to vote in favor because of this approach. I came here this evening after visiting both La Habra and Huntington Beach this morning mulling over in my mind what else could go in there besides this and I began to feel that the proposed project was something that could be worthwhile until I was told I had no choice, and then I wanted to go the other way, and so I had to remind myself to consider it from the standpoint of the best for the City. I think the question Councilman Browne brought up is valid, but I don't think it is unique to this development. I drive through single family residential areas in West Covina with the typical two car garage and I see a great number of onstreet parking. We had a matter before us not too many weeks ago where City Staff recommended we install "no parking" street • areas and we had quite a turn out objecting to it. (Explained further) As long as we have our code standard that says two is required until such time as we amend that to three or four, which has been up for discussion, but until that time we have to base our decision on .the two to one ratio. So I am prepared to vote in favor of this project providing the additional 15 vehicle recreational spaces are provided, and if Councilman Lloyd wants to make the approval contingent on the addition of a rec building in place of the cabana concept, I would vote in favor of that. Councilman Lloyd: I will make a motion for approval as per the development plan incorporating the recommendation as outlined by the City Council for fifteen additional recreational vehicle storage spaces and the addition of a recreational building. Seconded by Mayor Shearer. Mr. Wakefield: Mayor Shearer, that would in effect amend Paragraphs 6 and 7 of the Planning Commission Resolution No. 2522 to expand the recreation- al building and provide fifteen additional recreatia al vehicle storage spaces. • Motion carried on roll call vote as follows: AYES: Lloyd, Chappell, Shearer NOES: Browne ABSENT: Nichols ORAL COMMUNICATIONS (Mayor Shearer asked permission of Council due to the late hour to move Oral Communi- cations up on the agenda and to hear at this time. Council agreed) - 19 - CITY COUNCIL Page Twenty ORAL COMMUNICATIONS 5/13/74 Fred Palmer,.Jr. I have travelled all around this Past President of the County and I am also a member of City of Los Angeles our local group of Senior Citizens and County of Los Angeles of West Covina. I will say it is Senior Citizens Group the only one that I know of that has • to pay the rent for their group. The place we are meeting in is the Veterans' of Foreign Wars building which isn't a very nice building for Senior Citizens to meet in although we welcome it until we can get a better one. As you know we had an explosion there once and it was only through the act of God that only one person got killed, others just got hurt. I would like to bring out the fact that in the other places around all the Senior Citizen Groups have the use of public building places where they meet most of the time in recreation park buildings, city halls or offices. This is the only City I am sorry to say that doesn't have one place for the use of Senior Citzens. I think it would be nice to have a place that would hold two hundred to three hundred people - in a safe fireproof building. There have been different ones that have told me you won't get to first place in your request of City Council in the City of West Covina - but really there is no reason why we can't have one in West Covina. The Senior Citizens are not paupers, we are well advised people and if you folks live long enough you will be Senior Citizens - believe me! So I would like to have you think it over and see if somewhere in this City we can't have a nice place to meet in. We only .need it one day a week and it is a lot of help to Senior Citizens that gan't get out and around and I am not speaking for myself -.I am on --_the go all the while, I am all over the County. But Senior Citizens look forward to going to one place. • As you know Baldwin Park has this big recreation hall in the School, Rowland -Heights has the new City Hall, Covina meets in the Women's Club House, San Dimas has a place right in the City Hall, and so on and so on, and West Covina does not have one. I think it is -high time that we were getting one. .. Sometime ago there was a certain amount of funding allotted to the older people - they didn't say Senior Citizens - but we didn't get any part of it. Maybe with what is left they can start a building for us that will hold three hundred people. Over here we are allowed two hundred people and we have a membership of two hundred and fifty to three hundred, but of course they are not always there at one time, which is a good thing because the Fire Department takes care of that. Thank you, gentlemen, and I hope to see you all in our new hall boon. Mayor Shearer: (Council asked to bring Mayor Shearer asked the prior to completing the • Business - ZC #485, PP be discussed now prior And let us hope that all of us are not Senior Citizens before we can accomplish that. Item F-1 up for discussion at this time; City Attorney if this could be discussed Public Hearing Item #2 - Unfinished #657 and the City Attorney advised it could to the Unfinished Business item.) Mayor Shearer: Item F-1 a Bond Issue for construction of a full purpose facility with multi -purpose objectives. This is the item that Councilman Nichols suggested about two meetings ago that this Council consider placing on the ballot a bond issue for the consideration of two things: 1 - the construction of a Senior Citizens Facility and the other had to do with Street Improvements, which we will be dis- cussing later in the agenda. At that time, Mr. Wakefield, you - 20 - CITY COUNCIL Page Twenty-one ITEM F-1 (Bond Issue) 5/13/74 indicated in order to be on the November ballot we would have to have a decision by August l2th Council meeting in order to have on the ballot on November 5th. And at that time I assume we would have to know the amount of the bond issue and sufficient details to be able to come up with a design. • Mr. Wakefield: What would be required at that time is that you settle upon the amount of the bond issue and the purpose for which the bond issue would be passed. It is not required that you have specific plans or even schematic plans for the structure, but you need to have some idea of the size in order to determine the cost. Councilman Lloyd: I think that there are some questions which would have to be answered such as would this building be solely for the purpose of older persons and in the Staff Report received from the Recreation and Park Department they speak of the cost of other such buildings and roughly we are looking at a quarter of a million dollars. (Briefly summarized contents of report pertaining to cost of various buildings recently built seating from 150 to 200 people). The size suggested for our City including the necessary items would run $32 a square foot at a cost of $400,000. I would at least like to see this investigated further by staff people. I would be delighted to bring this item on the November ballot and let the citizens of this City look at it. I do agree that the VFW Hall is a fine building but not a warm, friendly kind of place for people to gather. So I think we have to give some consideration to this type of thing. As you will know, Mr. Mayor, you and I have discussed this previously, • and I would like to see something get underway that would be of service to a segment of our society, so I would certainly support a motion when the time comes to put it up for a Staff Study and further consideration by the Recreation and Parks Commission for putting this item on the November ballot. Councilman Browne: I am certainly in sympathy with Mr. Palmer's plea. I have felt for a period of years that we need a facility that would not only accommodate Senior Citizens but have multi -purposes. The Recreation and Parks Commission has expressed this as one of their priority objectives over the years. I, like Councilman Lloyd, would like to see immediate efforts placed upon an economic study as to what the cost of the building would be and possibly a brief plan of what we can accomplish - I would wholeheartedly support such a motion. Councilman Chappell: We have long needed such a facility and we have a report before us from the Recreation and Park Department covering the Blue Ribbon Committee's Report of 1968 in regard to such a facility. I was co-chairman of the Blue Ribbon Committee that year and in talking with Councilman Lloyd a number of times on this subject we have always felt some reluctance when we thought of going to the public for a bond issue because we haven't had too great of a success in the past in that area. The need is here for a multi- purpose type of building, we would have to examine the cost further for this type of building, and it is very possible that we could put it over if we didn't try for too much. We have gone through that before. One of the Blue Ribbon reports had a number of recreational buildings mentioned, which I couldn't see us going for, but one multi -purpose building has a potential. We still have the fuel crisis with us and we have a large population of 18 to 20 year olds coming into play with nothing to do and this type of a build- - 21 - CITY COUNCIL Page Twenty-two ITEM F-1 (Bond Issue) 5/13/74 ing could be utilized in the evenings by them and on weekends. The Senior Citizens indicate they only want the use of the building once a week, although it could be arranged that they use it at a minimum of two days a week. I would certainly support • some sort of a move towards staff checking this out further and bringing a report back. We might even get a basketball court in a building of this nature. I have always envisioned a much bigger building. When Mayor, we talked of having offices for the Chamber of Commerce, the YMCA, the Red Cross, United Way, etc., all in that same building - dreams that didn't materialize. I am certainly willing to vote for a study on it. Let's take the bull by the horns - Councilman Nichols is very interested in this, he would certainly like to see us get it off the ground. Mayor Shearer: When we look at the need and equate it to the cost sometimes we shudder. When I came on the Council we had a 10(,4 park tax imposed to raise the money to develop Galster Park and during the time I have been on Council I have heard a lot of favorable comments in that regard. So in playing around with a few numbers here, I believe a 10(,4 park tax raises roughly $150,000 per year and bonds at a maximum of 7/ interest - I don't know how many years it would take to pay off a half million dollars but it couldn't be more than five years, so we are not talking about a tremendous undertaking and I think if we start small - I think that is where we have to be careful and not make this into a large package. -On the last bond issue that failed there were so many other things thrown in. I wasn't here at that time so I don't really know the details but I understand there were many items on the ballot. This could be paid off by no more than a few cents increase in property taxes and it certainly wouldn't be a 35 year obligation. Under this concept who knows but that in • a few years this would be paid for and we could consider other needed items. I would like to see a motion made to direct staff to come back through the Recreation and Parks Commission with a more definite proposal, perhaps some definitive sites; and of course time is of the essence. Councilman Lloyd: I will make a motion to that effect, both that consideration by staff be given to a multi -purpose building bond issue so that such action can be taken in time to be placed on the November ballot. Seconded by Councilman Chappell and carried. (THE CHAIR CALLED A SHORT RECESS AT 10:19 P.M. COUNCIL RECONVENED AT 10:25 P.M.) HEARINGS - Cont'd. UNFINISHED BUSINESS: ZONE CHANGE APPLICATION LOCATION: 2222 West Garvey Avenue • #485 - PRECISE PLAN OF (between Willow and Sunkist Aves.) DESIGN ##657 - Mike Hanich REQUEST: Approval of a Zone Change from R-A (Residential Agricultural) and R-1 (Single Family) to S-C (Service Commercial); and approval of a Precise Plan of Design for the construction of a recreational vehicle sales facility (to include retail shops, service station, restaurant, indoor and outdoor displays, and offices) on a 4.8 + acre parcel. Denied by Planning Commission Resolution No. 2494 Appealed by.applicant. Hearing held and closed on October 91 19738, and referred back to Planning Commission. Planning Commission set 22 - CITY COUNCIL Page Twenty-three Hearings: Unfinished Bus: ZC #485, PP #657 5/13/74 new hearing for 11/21/73 and held over to 4/17/74. (An Unclassified Use Permit No. 190 was added to the hearing.) All applications denied by Planning Commission Resolution No. 2525. Applicant appealed Planning. Commission decision of 4/17/74 on 4/25/74. OPTIONS:. 1) Council can either approve or deny Zone Change • #485 and .Precise .Plan of Design #657; or 2) Set new Public Hearing for Zone Change #485, Precise Plan of Design No. 657 and Unclassified Use Permit #190 for TueAd�Ly May 28, 1974 at 8:00 P.M. Mayor Shearer: This.is a carry over of the proposal by .Mr. Hanich of some months ago, which we referred back to -the Planning Commission. The Council has two options. 1 - we can either approve or deny the Zone Change as proposed, or set a new public hearing and go through the advertising procedures, etc., setting it for the May 28th meeting - is that correct, Mr. Wakefield? Mr. Wakefield: Mr. Mayor, I think it would probably be the first meeting in June - but you do have those options. Mayor Shearer: Is there Council discussion as to whether we should dispose of this item this evening or whether anything can be gained by a further public hearing. Councilman Chappell: Mr. Mayor, I don't have anything to say other than I sat in at the Planning Commission meeting when it was before them and to get something going now I will move that we app.'ove :Plannikgq • Commission Resolution No. 25251 denying Zone Change No. 485, Precise Plan of Design #657 and Unclassified Use Permit No. 190. Seconded by Councilman Lloyd and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Shearer NOES: None ABSENT: Nichols PUBLIC WORKS ITEMS - Cont'd. TRANSPORTATION PLAN REVIEW (SCRTD, Schabarum Plan and SCAG AND RECOMMENDATIONS short range plan) (Council reviewed Engineer's report.(' Slides shown of proposed bus routes and explained by Mr. Zimmerman. Summarized Staff Report dated May 10, 1974 and attached material. Motion by Councilman Chappell that the City Council accept the recommendations of Staff and the Chamber of Commerce and forward them to the RTD, Supervisor Schabarum, SCAG, etc., showing our thoughts and ideas of where the bus should run in West Covina. Seconded by Councilman Lloyd. Mayor Shearer: In the written Staff Report that we received there is reference to a ultimate • fixed guideway alignment and the suggestion that we protest the alignment and request it to be located along the most traveled, centrally located San Bernardino corridor. The first slide that you showed on the fixed rail system, in order to be filled approximately one hundred miles is conservatively going to cost now several billion dollars, so perhaps trying to get too concerned about the fixed rail system is not a problem at this time. The question I was going to ask was on Item C of the recommendation, - 23 - CITY COUNCIL Page Twenty-four 5/13/74 Transportation Plan Review because you suggested that we protest that alignment? Mr. Zimmerman: Mr. Mayor, at this time the fixed rail guideway has not been determined as to its configuration whether it would be a rail- road or some other kind of people mover. We would like to suggest • that it coincide with the :San Bernardino Freeway. We already have certain problems of noise in that area and it would seem to go along with the possibility of a transportation center with its additional traffic acid noise - all in one area. Mayor Shearer: So then the letter of protest might not be too specific but suggest that it be in the area of the San Bernardino Freeway. Motion carried. CITY ATTORNEY ORDINANCE INTRODUCION Mr. :Wakefield: Mr. Mayor and members of Council, Staff RE NOISE is requesting the (Held over from 4/22/74) hold -over of this item until your next meeting. I think we have a problem at Staff level and there seems to be a filling that the ordinance isn't needed at the present time, yet I think Staff feels that it should be represented for further Council consideration. I think what Staff is really looking for is an indication one way or the other if Council really wants to consider it at this time or hold in abeyance until there is a need for it. Councilman Lloyd: Mr. Mayor, I feel there is a need for it now. I would like to convey to Staff that • as far as I am concerned I am personally of the opinion we need some sort of a Noise Ordinance. Mayor Shearer: I think - even though I spoke out critically of the noise Ordinance - I do think we need one. I asked for some reports from cities that had such an ordinance and I understand this is not yet forthcoming. I would be in favor of holding it over for two more weeks. Perhaps we can come up with one that gets to the heart of the problem that we are trying to control. Motion by Councilman Chappell to hold this item over to the next regular Council meeting for further information. Seconded by Councilman Lloyd and carried. ORDINANCE NO. 1246 Mr. Wakefield: Mr. Mayor and members Urgency of Council, as you no (Introduction and doubt have noted construction barricades Adoption) are going up around the new construction in the Phase I Redevelopment Area. I am sure you have all seen the signs painted on the Bullock's con- struction barricade. In order to control signs of that sort Staff has recommended the adoption of an Urgency Ordinance which puts some restrictions on signs and requires their maintenance • in accordance with approved plans and requirements under the present provisions of our Ordinance which permits certain informa- tion on construction signs. The purpose of the Urgency Ordinance is to really control the signs that can be painted or erected upon construction fences in the commercial areas of the City so there is no infringement upon the rights of the other merchants in the area. - 24 - \,q CITY COUNCIL City Attorney Agenda Page Twenty-five 5/13/ 74 ORDINANCE NO. 1246 The City Attorney presented: ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROHIBITING THE ERECTION OF CERTAIN CON- STRUCTION SIGNS UPON REGIONAL -COMMERCIAL PROJECTS EXCEPT THOSE WHICH COMPLY WITH THIS ORDINANCE DURING A PERIOD OF STUDY NOT TO EXCEED 120 DAYS AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY." Motion by Councilman Lloyd, seconded by Councilman Browne and carried, to waive further reading of said Ordinance. Motion by Councilman Lloyd, seconded by Councilman Browne and carried, to introduce said Ordinance. Motion by Councilman Lloyd, seconded by Councilman Browne and carried on roll call vote as follows to adopt said Urgency Ordinance. AYES: Browne, Lloyd, Chappell, Shearer NOES: None ABSENT: Nichols MULTI -CITY SEISMIC AND SAFETY ELEMENTS AGREEMENT you in your packets. contract and authorize Councilman Browne. Mayor Shearer: Mr..Wakefield: Mr. .Mayor and members of Council, Staff has recommended a proposed contract between the City and EN.VICOM as outlined in the Staff Report dated May 13, 1974 and presented to The appropriate action would be to approve the the Mayor to sign. it kind of riles us. But here - the State Law says Elements..... So moved by Councilman Lloyd, seconded by I have a question. I guess that when someone comes in and tells us we have to do something whether they are right or wrong I guess we really don't have much choice we must have the Seismic and Safety Mr. Wakefield: That is correct,'Mr. Mayor. This is one of a series of elements which the legislature has required be included in the General Plans of Cities. The other is the Housing Element and those that we have discussed previously. All are part of the total statutory requirements for a General Plan. This particular proposal is in effect a cooperative effort by four cities to obtain a single con- sultant to prepare an element of the General Plan which will in effect coordinate and correlate the elements in all four cities so that we take advantage of the savings that results from an overall study rather than a study as to each individual City. The City's total contribution will not exceed $4200. Motion carried on roll call vote as follows: AYES: Lloyd, Browne, Chappell, Shearer NOES: None ABSENT: Nichols • Mayor Shearer: I would like to suggest at this point that we be.given a list - some sort of an action list prior as to how staff is pro- posing to accomplish these various elements - and what types of elements the Council has to consider and some idea as to cost, because if we are talking about approximately'$4,000 per shot and we are talking about nine of them, I think, I would personally like to see the complete picture. (Council agreed; Mr. Aiassa staff would report.) - 25 - CITY COUNCIL Page Twenty-six 5/13/ 74 THE MAYOR CALLED A RECESS .AT 10:55 P.M. fOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. COUNCIL RECONVENED AT 11 P.M. CITY MANAGER AGENDA (Item 1 - Bond Issue, previously discussed under Oral Communications) • CAPITAL IMPROVEMENT Mr. Aiassa: Mr. Mayor, you have a PRIORITY LIST Staff Report from the Recreation and Parks Department. I think this is an item that should be carried over to our budget hearings. I doubt that Gouncil could pass on this tonight because it is rather extensive and involves various other considera- tions. So moved by Councilman Lloyd, seconded by Councilman Browne and carried. COVINA-VALLEY UNIFIED Mr. Aiassa: Mr. Mayor, you have a SCHOOL DISTRICT - Staff Report on this from EXCESS PROPERTY the Recreation and Parks Department along with a recommendation from the Recreation and Park Commission recommending that the City Council authorize the City Manager or his designated representative to enter into negotiations with the Covina -Valley Unified School District for the acquisition of the 14 acres of excess school property located on Cameron Avenue between Grand and Barranca Avenues. Mayor Shearer: Does this "negotiation" include the method of payment? Mr. Aiassa: Yes. • Mayor Shearer: I have seen a method outlined where we would obtain the property through some sort of a lease purchase...... Councilman Chappell: Isn't this land in the County - can we buy County land? Land outside of the City limits.... Mr. Wakefield: The City is entitled to acquire property outside the City Limits. The only dis- advantage lies in the fact it is taxable until such time that it is annexed to the City. Councilman Chappell: So what we are asked.is to authorize the City Manager to go in and buy this property? Mr. Aiassa: No, just negotiate and see what the prospects are. Councilman Chappell: Well I will go along with the negotiations but somebody is going to have to sell me on the fact this is something we want for a parksite, due to its location. • Mayor Shearer. I am perfectly willing to have the City Manager negotiate the terms of an agree- ment but I feel somewhat the same way. Its location plus the development costs. We are strapped to really adequately develop some of the parks we have owned for years. We are presently investigating the possibility of a bond issue to build a building for multi -recreational purposes and we are con- - 26 - CITY COUNCIL Page Twenty-seven City Manager Agenda 5/13/74 cerned how the voters will react to a tax increase of 8 to 10(�, and now the consideration of more park property and in this location. Of course one comment was made at the Recreation and Park Commission level in reading the minutes "if it doesn't fly you can always sell the land." But I do have some major reservations about this - but perhaps if the price is right. So let's see what the price is. Councilman Chappell: I thought we had a price - is that price negotiable? Mr. Aiassa: They gave us a flat figure - the options available will be how we can buy over a period of time and not have a cash outlay. Councilman Lloyd moved the Staff Report recommendation from the Recreation and Park Commission. Seconded by Mayor Shearer and carried. STREET REPAIR (Council received a Map without a legend; BOND ISSUE Mr. Lippitt, City Engineer, asked to explain ; and he briefly covered the various colors of the Map explaining the meaning. Red Streets are those recommended by the Street Superintendent to be reconstructed. Green Streets are those that have been overlaid in recent years or reconstructed. Yellow Streets are the ones recommended for immediate treatment within the next year or two.) Councilman Lloyd: Mr. Mayor, I suggest we send a copy of this map to the gentleman that spoke at our last meeting - his name appears in the minutes. (Council agreed) Mayor Shearer: I read this report and although it isn't specifically mentioned here Council specifically asked for recommendation with regard to the Bond Issue. Does staff have a specific recommendation as to the need of a Bond Issue at this present time? Mr. Zimmerman: Yes, Mr. Mayor. Staff has analyzed it and we feel the resurfacing program as presently constituted will take care of all the severe problems we have for the immediate future. And we would like to study the other things further. We have not updated our Street Maintenance Program since about 1970 and we suspect it might not be necessary, at least for the tertiary streets at this time to go to a bond issue. However, funds for construction of new streets has been very much reduced and our funds for that program are very low. So we would like to study this further, there might be a need for a Bond Issue. (Council discussed the estimate for Hollenbeck and how high it was; and what portion was to be done. Mr..Zimmerman brought out the fact that some of the streets were being delayed because of the need of storm drains and the street repairs or reconstructions would not be made until after the storm drains were completed.) • Mr. Aiassa: Relating back to Councilman Nichols pro- posal, I think some of our streets are delayed now because of the major storm drainage which we cannot finance and it might be an advantage to Council if my Staff puts together not only the street costs but the storm drainage costs also. - 27 - • • • CITY COUNCIL Page Twenty-eight City Manager Agenda - Cont'd. 5/13/74 Mayor Shearer: I am a little concerned if we rush into this, we already talked this evening of moving ahead on one bond issue in a rather modest amount for the construction of a facility, but now we are considering coming in for Capital Improvements and Parks. We do have a considerable amount of money coming in each year for street improvements from the gas tax and if we try for too much we may end up with nothing. So I feel from reading the staff report that staff is sort of saying "hey we don't think we need it right now". But I would encourage them to continue to work on it. I would prefer to see us go one thing at a time - - very conservatively. (Council agreed) I guess then there is no action, just receive and file the report. So moved by Councilman) Chappell, seconded by Councilman Lloyd and carried. LEAVE OF ABSENCE Motion by Councilman Lloyd, seconded by REQUEST Councilman Browne, to approve the Jerri-Lynn Webb recommendation of the Personnel Board that Jerri-Lynn Webb be granted a six-month leave of absence without pay beginning May 15, 1974. Motion carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Shearer NOES: None ABSENT: Nichols REQUEST FOR ONE EXTENSION OF EMPLOYMENT Herb Sager MONTH Motion by Councilman Herb Sager's request May 14, 1974 through as follows: Mr. Aiassa: To the written Staff Report is attached a copy of the Rules and Regulations that permits us to do this and the City Attorney agrees. Chappell, seconded by Councilman Lloyd, to grant to allow him to work beyond age 65 from June 281 1974. Motion carried on roll call vote AYES: Browne, Lloyd, Chappell, Shearer NOES: None ABSENT: Nichols CITY MANAGER Motion by Councilman Lloyd to authorize the ATTENDANCE TO LEAGUE attendance of the City Manager to the League OF CALIFORNIA CITIES of California Cities Revenue and Taxation WORKSHOP SESSIONS Workshop Sessions at Pacific Grove on June 6 and 7, 1974, expenses not to exceed $100.00. Seconded by Councilman Browne and carried on roll call vote as follows: AYES: Browne, Lloyd, Chappell, Shearer NOES: None ABSENT: Nichols AUTHORIZATION FOR Motion=byacouncilman Chappell to approve COMMISSIONER ROBERT the request from Commissioner Robert Bacon $ACON TO ATTEND U.C. to attend the Short Course for Planning SHORT COURSE FOR Commissioners seminar at the University of PLANNING COMMISSIONS California, Berkeley, on May 31 and June 1, 1974, at a cost not to exceed $150.00. Seconded by Councilm an Browne. Mayor Shearer: I would like to point out that Mr. Bacon is a practicing attorney in this community and I am sure if he is going to donate two days of his time to attend this seminar that it is well worth while because he could stay home and earn well over $150 per day. CITY COUNCIL City Manager Agenda Motion AYES: NOES: ABSENT: •WEST COVINA ADMINISTRATIVE INTERN PROGRAM (Informational Report) Page Twenty-nine 5/13/ 74 carried on roll call vote as follows: Browne, Lloyd, Chappell, Shearer None Nichols Mr. Aiassa: show that we sidized the with interns and they are doing an excellent he keeps working at it will have them all on programs - it is one of the best programs we showing excellent results for us. Mr. Mayor, this is a final report to the City Council to have considerably sub - operation of the City job. Jeff Butzlaff, if student training have had and they are Motion by Councilman Lloyd, seconded by Councilman Chappell and carried, to receive and file informational report. APPROVAL OF BUDGET (Council discussed; Councilman Lloyd stated SESSIONS SCHEDULE if the schedule is adhered to he can make all of his commitments; Councilman Browne stated he might have a conflict on May 29th.) Mr. Aiassa: Mr. Mayor, why don't we tentatively adopt the schedule and then if we run into a pro- blem we can adjourn to another date. Mayor Shearer: Unless there is a major objection let's go ahead with this schedule. Remember Mr. Aiassa, to remind us on the 22nd to adjourn to the 23rd, etc. • SENIOR CITIZENS CLUB Mr. Aiassa: Council has received a MAILING LIST letter requesting this list. It is against our policy to release the names and addresses of people. Mayor Shearer: We don't seem to have a copy of the letter request, but I would like to see the Council establish a policy that the City does not furnish "mailing lists" to anyone that we have access to. I don't think that is a function of the City. If someone wants a list of the Senior Citizens I think they should go to the Senior Citizens Group for that list. Motion by Councilman Lloyd that the City does not release mailing lists to anyone; seconded by Mayor Shearer and carried. MAYOR'S REPORTS PROCLAMATIONS Mayor Shearer: If Council has n@ objections I will -pro- claim the following: "National Insurance Women's Week" - May/1925, 1974; "National Public Works Week" - May 19/25/74; "Correct Posture Month" - May/74; "National Transportation Week" - May 12/18/74; and "March of Dimes Healthy Baby Week", May 12/18/74. (No objections. So proclaimed,)' RESOLUTION NO. 4879 ADOPTED Mayor Shearer: I have been contacted #2, which is the 1974 State what this proposition does portion of the 25/ matching agencies of federal money. by the Committee in support of Proposition Clean Water Bond Issue. Basically it supplies through State funding a fund required in order to avail local What this Bond Issue would do is - 29 - CITY COUNCIL Page Thirty Mayor's Reports 5/13/74 assess the local agency by half of that or 122% and still require the local agency, such as the County Sanitation District to provide 121-2/. I am personally recommending to Council that we take action in support of this proposition. • The City Attorney presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,CALIFORNIA, SUPPORTING THE 1974 STATE CLEAN WATER BOND ISSUE." Motion by Councilman Lloyd, seconded by Councilman Browne and carried, to waive further reading of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Browne, to adopt said Resolution and carried on roll call -vote as follows: AYES: Browne, Lloyd, Chappell, Shearer NOES: None ABSENT: Nichols COUNCILMEN'S REPORTS/COMMENTS Councilman Lloyd: We have received a report from Mr. ,Zimmerman in regard to Glendora Avenue and I am not satisfied with the answers received. I certainly do not set myself up as an expert on traffic flow or things of that sort, but I really do believe this is an issue which merits our attention. The merchants on Glendora Avenue are beside 1 themselves with the fact + I would make a motion that Staff reopen negotiations with the Department of Transportation regarding the • Glendora Off -ramp. Seconded by Councilman Browne and carried on roll call vote as follows: AYES: Lloyd, Browne, Chappell NOES: None ABSENT: Nichols ABSTAIN: Shearer Mayor Shearer: I will add, if there is anyway possible it will be worked out, but I am not sure it can be. Councilman Lloyd: I have been in attendance with the Valley Association of Cities, which concerns itself with the boarded up empty houses that have been a big problem, particularly in the City of Pomona, and in a lesser degree in Laverne, Claremont, Chino, West Covina and so on. We have forty at the present time in West Covina and it now takes on a very important accent in our City aesthetically. The problem is the HUD people simply are not allowing them to go back on the market and in the meantime they are boarding them up until they are fixed up. And it seems as though you are in a much better position if you want to buy say 40 of them than if you • wanted to buy one house. Have you all received copies of the contractural releases? We are not committed to the expenditure of City funds at any time. It is like a districting of cities to bring pressure to bear on a governmental agency to be more attentive to the needs of the people and get these houses off the market totally or get them rehabilitated and back on to the market so - 30 - CITY COUNCIL Page Thirty-one Councilmen's Comments/Reports 5/13/74 they are sold as quickly as possible. I ask that we be involved in this effort and that I.. be appointed to act as Council liaison. Mayor Shearer: There is no commitment of funds at this point? Councilman Lloyd: None and that should be in the motion. Mayor Shearer: I would be in favor of designating Councilman Lloyd to act as Council liaison in regard to the matter of Boarded up houses, working with the Valley Cities Association, at no cost to the City. So moved by Councilman Chappell, seconded by Councilman Browne and carried. Councilman Browne: Mr. Mayor, I have an item that I wish to discuss that Councilman Chappell is also familiar with. Over the last two months I have been the recipient of telephone calls regarding obvious odors permeating the air in our City. It seems it is coming from the BKK dumpsite through their negligence or poor planning and not adhering to the permit underwhich they are operating. I have received as high as 27 telephone calls from persons complaining and on two occasions I have called the City Manager to take a trip with me to the dumpsite to investigate. Once was right after the Council meet- ing on April 22. May 9 I received a telephone call at 6:30 in the morning alerting me, which they didn't have to do I smelt it myself, so I contacted Mr. Zimmerman and we visited the dumpsite and the odor was very apparent. Back on March 26th I received a letter from • one of the principals in the operation indicating they were operat- ing under deficiencies and they would come into compliance. As an elected official representing the people of West Covina I am obligated to look into this matter. Councilman Chappell has received calls of a similar status and at this point I expect to go home and have calls waiting, because it always happens on a Council night. I think Council should direct staff to take some measures here. We have BKK's option request coming up before the Planning Commission soon and I feel we should request that the Planning Commission hold a hearing, giving the required notices, etc. I know it is a necessity for a dump operation and our City happens to have one; however, I feel we are getting the burnt of the commercial chemicals from other counties and cities that are not even accepted by the Sanitary Land Fill in Palos Verde. One of the items we discovered the other morning was a load of jelly fish and this was definitely causing an odor. And one of the other areas from which odor is emanating - they are drilling holes to dispose of these chemicals into and they go down some 50 to 75 feet with these drillings and the materials that come up are decomposed - causing odor, and it hits two distinct neighborhoods. I also checked the Woodside • Village Area and those people when they have a reversal of wind get the same odors. I would ask George Zimmerman to relate some of the conditions that we have found and some of the steps that the City probably should take to try and insure that the residents of our City are not subjected to these odors. M-1m CITY COUNCIL Page Thirty-two Councilmen's Comments/Reports 5/13/74 Mr. Zimmerman: The dumpsite is a Class I site and it should not produce odors. We are assured by officials of the County Sanitation District, who are the engineers that set up the requirements and procedures for the County operation, that it should not produce odors if • operated in a proper manner. So we are really chagrined to find that we are not able to fully settle this issue. We do inspect to see that it is covered up each night before the workers go home, but then sometimes loads come in between 7 and 8 and maybe it is too late, we are not too sure on'that. All I can say is that we will continue to make every effort possible to bring about an early conclusion as soon as possible. On Friday we had several members of the Air Pollution Control District in our office talking to us and we are working with them to every extent possible and hope we can control the matter shortly. We really thought we would be able to do that prior to this time. Councilman Browne: I thought we had effectively reached some solution or agreement on March 26th when we received the 3 page reply from the operators of BKK and we are now well into the month of May and it is still going on. We have groups of citizens forming to protest and they want answers., Perhaps we can follow the City Attorney's suggestions and directions here and request the Planning Commission to hold a public hearing to afford these people an opportunity to come forth and speak. Certainly we want BKK to come into compliance with the conditions set forth in their present operating permit. Mayor Shearer: Assuming a public hearing is set, what does that ultimately lead to or what can • it....? Councilman Browne: According to the City Attorney unless they comply - suspension of the landfill operation until they do comply. Councilman Chappell: We have been told by the Sanitation people that it isn't necessary to have these sites smell so if the Sanitation people were out last Friday have they made any recommendations? Also I was told through the grapevine that the Sanitation Landfill, also a Class I site, refuses things which finally end up in our site and if this is so and this is also a Class I site then I say we can turn the same things down and they shouldn't come into our dumpsite at all. Someone is being negligible - if they turn things down then we should turn the same things down. Mr. Zimmerman: The Sanitation District do two types of restrictions. They restrict the total volume going into their site and they also make selective choices of what goes in. This has not been done at our site. It has been operating on the basis of the Class I permit. This would be a possible point for action and we would expect to attempt to work these things out with the Air Pollution Control District. Councilman Chappell: Do we know for a fact that trucks do not come in at 1 or 2 in the night and dump things on the ground and leave it lay there till morning? It did happen - and there is nobody there to cover it up? I don't want to close that dumpsite - that m3ew CITY COUNCIL Councilmen's Comments/Reports Page Thirty-three really isn't my thought, but if the Sanitation District can have a no smell dumpsite in a Class I then we certainly can do as well as they can. Councilman Browne: I think the Sanitation District has a certain ratio of filteration to liquid waste in their operation and I think it is completely different in ours.. Mr. Zimmerman: Speaking in terms of information from the County Sanitation District operators we are told that they have about 20% of liquids being filtered in in relation to the amount of solid waste going in. We are more than double of that at our site. (Explained in further detail) Mayor Shearer: Isn't it correct that a Class I dump - the owner of the dump can refuse items if he so chooses that he is under Class I allowed to accept? Mr. Zimmerman: That is correct. Mayor Shearer: In the case of the BKK operation then I guess it is a matter of economics. Mr. Wakefield, is the suggestions that Councilman Browne made - is that a step that has to be taken in what is called due process in order to get some wheels rolling along this line? We have talked and talked and in my opinion it is time to get off the talking step and get into the action stage. Mr. Wakefield: This is the first step which the County • could take to compell compliance with the conditions in the conditional use permit. It is a due process requirement. We don't have the authority to revoke the conditional use permit without giving the operator As Councilman Browne indicated the Planning Commission can simply order the suspension of operations until they are in a conditicmn of compliance with the conditions or if that is impractical then the conditional use permit could be revoked. I think the Council should understand that the Air Pollution Control District has initiated proceedings to file a petition for an Order of Abatement which is designed to require that.the sanitary landfill be operated without producing offensive odors. I was informed by the County Council that things are now in the process of preparing the filing of the petition and that the date of the hearing will probably be the latter part of June. It is the Air Pollution Control Board's practice to schedule what they call a conference meeting Frith the interested parties before the actual date of the hearing simply to explore the problem and ascertain what can or :cannot be done. It is my understanding that in a proceeding of this sort that the hearing Board would undoubtedly rely upon the recommendations of the County Sanitation people with respect to the necessary procedures or controls necessary to control the odor problem. If the Order of Abatement is issued by the Hearing Board then violations of that order are subject to a heavy fine and a criminal penalty. I think it is a situation in which both proceedings can go along concurrently, that is the proceedings on the part of the City and the Planning Commission, and the pro- - 33 - CITY COUNCIL Councilmen's Comments/Reports Page Thirty-four 5/13/ 74 ceedings before the Hearing Board of the Air Pollution Control District. I mentioned the fact the. proceedings are • being initiated by the Air Pollution Control District primarily for your own information so you will be aware of what is being done in an effort to resolve the problem, but specifically then the first step in any proceeding in which the City may take is the directing of Notice and a Hearing before the Planning Commission. If the operator is dissatisfied with the determination of the Planning Commission then he has the right of appeal before the City Council. Mayor Shearer: There would be no problems? Would that in any jeopardize either one of the proceedings? Mr. Wakefield: In my opinion it would not. I think the two types of controls are separate. That is the Air Pollution Control District is concerned entirely with odors; the City has issued a Conditional Use Permit with a number of conditions and one of those conditions relates to odors, but there are many other conditions included as a part of the conditional use permit. The net result is if as a result of the hearing the operation is suspended then the landfill operation would be closed down until they are able to comply with the conditions of the permit or the permit could be revoked entirely. Mayor Shearer: I think we probably talked enough, starting back in March, and I think it is time that • we take some positive steps and I would be in support of a motion covering the suggestions made by Councilman Browne. I would like for the record to state that I for one am not particularly interested in discussing with anyone any talk about the extension of their permit, which is about to expire very shortly, or revisions to their existing permit, or anything else connected with the landfill operation until we resolve the problem of the odors. I don't want to see the landfill operation leave, I think it is a very vital part to our economy, not only in West Covina but the entire area, but I think there is an obligation on the part of the operator, whom I think is making out quite well financially..... So I will vote to support Councilman Browne's suggestion. RESOLUTION #4848 Councilman Browne presented: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, REQUESTING THE PLANNING COMMISSION TO GIVE THE REQUIRED NOTICE FOR A PUBLIC HEARING IN REGARD TO THE CONDITIONAL USE PERMIT AUTHORIZING THE OPERATION OF A SANITARY LANDFILL." Motion by Mayor Shearer, seconded by Councilman Browne and carried, to waive further reading of said Resolution. Councilman Lloyd abstained from voting. Motion by Councilman Browne, seconded by Councilman Shearer, to adopt said Resolution. >, C,. Councilman Chappell: Mr. Mayor, a question. We are going to have the Planning Commission have a hearing with the idea of revoking the conditional use permit? - 34 - CITY COUNCIL Councilmen's Comments.& Reports Page Thirty-five 5/13/ 74 Mr. Wakefield: The Planning Commission has the right to revoke it in the first instance and then the operator or owner would have the right of appeal to the City Council and the City Council would then set a public hearing date so the operator or owner can present their • side of the matter to the City Council. Mayor Shearer: One further question. If the Planning Commission should find that there had been violations in the past but had perhaps been corrected would they be under any obligation to revoke the permit if the corrections had been made? Mr. Wakefield: If the corrections had been made then there would be no basis for revocation even though there had been violations in the past. Councilman Chappell: Who is going to determine whether these violations have been taken care of? We are going to have to get some professionals in here? I am not looking to close the dumpsite, I am looking for assurance and action that it will be run without any more smells. (Some discussion followed on the heading of the Resoluti(mn and its intent.) Mr. Wakefield: Perhaps the title of the Resolution may be a little misleading but the substance is to request the Planning Commission to give the required notice and set a hearing to determine whether or not there are violations and if violation of the conditions have occurred whether or not these violations warrant the suspensirm of the operations under the conditions of compliance or whether other conditions should be applied. The substance of the resolution is simply to give direction to the Planning Commission to obtain the facts and if a case is made that a land fill operation can be conducted without offensive odors with the addition of conditions then those conditions could be established and imp osed as a result of that hearing. I am no expert in these matters but I am sure with proper supervision and proper operation of this site that it -is not necessary to have odors and that it can be conducted without odors. Councilman Chappell: We have some facts already. The Air Pollution Control District has already cited them and they are going to court on it, so we have at hand the fact that they have violated the conditions, and it appears to me as this Ordinance is written that we are going to close that site because they have violated the conditions of compliance. Councilman Browne: Can't there be a section placed in here relative to their complian.ce...... • Mayor Shearer: I think that was the question I asked of Mr. Wakefield - regardless of viola- tions if at the time of the hearing they had taken corrective action and Mr. Wakefield indicated the permit could not be revoked. Councilman Chappell: If I were on the Planning Commission and received that Resolution from the Council - 35 - CITY COUNCIL Councilmen's Comments/Reports Page Thirty-six 5/13/74 and found out the Air Pollution Control Board had cited them and I found out they had had violations of the conditions applied I would vote that they close, and that really isn't our intent here. I could be tired and missing the point..... • Mr. Aiassa: I think, Mr. Mayor, that Mr. Wakefield should clarify one thing. The Air Pollu- tion Board will cite them for pollution and I believe what Councilman Browne is referring to is the odor, which is in violation of a condition. Councilman Browne: I believe there should be a section in here that says if they come into compliance and so forth - that should be a condition in this Resolution. Mayor Shearer: Maybe we have fouled up on the wording. Mr. Wakefield: Mr. Mayor, just two quick comments. I think Councilman Chappell has a valid point, that the language of the resolution should be clarified to make it clear that the intention of the City Council is that the Planning Commission determine if there have been violations and if the method of operation has been sufficient to eliminate the problem and if so then perhaps they have to insure that the operation continue without odors and if that isn't done then give consideration to whether suspensions of the operation should be required until that is accomplished and if nothing significant is changed then perhaps the conditional use permit should be revoked. Councilman Chappell: That perhaps doesn't have the benefit of • all of our lengthy discussion on the thing but I think with that last addition Mr. Wakefield has clarified it. Mayor Shearer: Mr. Wakefield, would it be proper for us to go ahead and vote on the resolution? Mr. Wakefield: I have changed the resolution and we will have it retyped so it is proper for you to go ahead and vote on the motion. Motion carried as follows: AYES: Browne, Chappell, Shearer NOES: None ABSENT: Nichols ABSTAIN: Lloyd Councilman Chappell: Have any of you received the information from the Independent Cities on the dues structure proposed for the following year? I am having it reproduced for you, but let me explain a bit. The Independent Cities are asking for a higher dues schedule to allow them to do some lobbying and other efforts that the contract cities do with their organization which provides them with some of the advantages that we are not providing ourselves. We have been paying approximately $500 because of the size of our City and with the new recommendation it is so our aasessment would be $120. I would like this information reproduced so we can discuss it at our next meeting prior to this meeting. I have been assigned to take Oouncilman Nichol's place at this meeting and you can then instruct me on how to vote on this. - 36 - . CITY COUNCIL - Page Thirty-seven Councilmen's Comments/Reports 5/13/74 Mayor Shearer: One further thing - I was asked to remind Council Saturday is the Annual Police Inspection and we are invited to participate. . DEMANDS Motion by Councilman Chappell to approve Demands totalling $618,110.98 as listed on Demand Sheets C970 through 975, B623A and 624A. Seconded by Councilman Lloyd and carried on. roll call vote as follows: AYES: Browne, Lloyd, Chappell, Shearer NOES: None ABSENT: Nichols • ADJOURNMENT Motion by Councilman Chappell, seconded by Councilman Browne and carried, to adjourn meeting at 12:10 P.M.,.to May 22, 1974 at 6:30 P.M. at Stark's Restaurant, joint meeting with the City of Covina to discuss possible Department mergers. ATTEST: CITY CLERK APPROVAL: MAYOR