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08-25-1975 - Regular Meeting - MinutesMINUTES OF THL-"REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA, AUGUST 25, 1975. The regular meeting of the City Council called to order at 7:30 P.,M., in the West Covina Council,Chambers by Mayor Ken Chappell. The Pledge of Allegiance was given, followed by the invocation by the Reverend Dennis Nelson of Christ Lutheran Church. (Mayor Chappell announced the City Council met in an adjourned session at 7 P.M. regarding personnel matters and he was now adjourning that meetin IaMd calling the regular meeting of the City Council to order. PRESENTATION AWARD TO KNORA JACKSON Mayor Chappell and Mr. Dwyer of the FROM American Easter Seal Society pre— AMERICAN EASTER SEAL sented a resolution of commendation SOCIETY to Knora Jackson for her outstanding, contributions in various fields of community participation. Mr. Dwyer further said that Knora was stricken with MS at a time that she was campaigning for election to the School Board of West Covina, and since that time rather than stay at home ( as many disabled people do) she did not stay home, she has among other things, led an' organization of MS people in,this area, effectively raised money. for the Society, and worked very diligently with a group in securing legislation that mandates the accessibility of public • structures to disabled people. (Explained in further detail) Both the Mayor and Mr. Dwyer thanked Knora Jackson for her efforts on the part of many disabled people. ROLL CALL Present: Mayor Chappell; Councilmen: Shearer, Miller, Browne, Tice Others Present: George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk Leonard Eliot, Controller Michael Miller, Planning Director Harry Thomas, City Engineer Bill Freemon — Staff Reporter, S.G.V.D.T. Janet Williams, Administrative Analyst Chas. Bahn, President—.W.C.C.F.A. Gloria Davidson, Deputy City Clerk APPROVAL OF MINUTES ('lotion by Councilman Tice, seconded by Councilman Miller to approve minutes of the meetings of August 4 and August 11, 1975. (Mayor Chappell asked for a correction in hiscomments on Page 15, reference to Senator Lancaster should be Assemblyman Lancaster.) Motion carried to approve corrected minutes. CONSENT CALENDAR The Mayor explained the procedure of the Consent Calendar and asked if there were comments on any of the following items: 1. WRITTEN COMMUNICATIONS a) CALIFORNIA REGIONAL WATER Copy of letter to the B.K.K. Co., re QUALITY CONTROL BOARD construction of Barrier Dam No. 1 for the proposed expansion of B.K.K. CITY COUNCIL CONSENT CALENDAR — Cont'd. Page Two 8/25/75 b) ARTHUR L. SANBORN SANBORN THEATRES c) MR. & MRS. BOB OHIRA 2338 W. Walnut Creek Parkway, West Cov_ni d) LOS ANGELES COUNTY AUDITOR/CONTROLLER e) CITY OF CARSON 2. PLANNING COMMISSION SUMMARY OF ACTION 3. YOUTH ADVISORY COMM. MINUTES 4. ABC APPLICATIONS • a) The Southland Corporation P. 0. Box 7020 Irvine, CA. 92663 b) Anthony Joseph Gallo Susan Louise Gallo 345 Nutwood Brea, Ca. c) Craig Paton Bernhisel 237 S. Bandy Avenue West Covina, Ca. d) Margery E. Walker William M. Walker 672 So. Glendora Avenue West Covina, Ca. 91790 Class I Site. (Receive and refer to Staff) Re appeal of Item 7c of Planning Com— mission Resolution No. 2601 — Zone Change No. 492, Precise Plan No. 17, Rev. 19. (Refer to Hearing Item B-2) Request ng permission to have mail order import business license. (Recommend approval subject to review by City Attorney) Statements of Assessed Valuations'for 1975/76.fiscal year. (Receive and file) Opposing AB 2404 and certain provisions of AB 2400 re Redevelopment Agencies. (Refer to City Attorney) August 20, 1975. (Accept and.'file) July 15 and July 29, 1975. (Receive and file) Chief of Police recommends NO PROTEST. dba 7—Eleven Food Store 1319 W. Merced Avenue dba Pizza Country 2648 E. Workman Avenue dba The Mine Shaft 971—A So. Glendora Ave., dba Haig's Liquor 1230 Francisquito Ave., 5. TRAFFIC COMMITTEE MINUTES August 19, 1`975. (Accept and file) 6. CITY TREASURER Month of July, 1975 report. (Accept and file) Motion by Councilman Browne to approve Consent Calendar items I through 6; seconded by Councilman Shearer and carried on roll call • vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None GENERAL AGENDA ITEMS AWARD OF BIDS BID NO. 75-116 Bids received in the Office of the Pur— FURNISHING UNIFORM SUPPLY chasing Agent up to 10:00 A.M., on AND CLEANING SERVICES Wednesday, August 13, 1975, and there- 2 CITY COUNCIL Page Three AWARD OF BIDS — Cont'd. 6/25/75 after publicly opened and read. (Council reviewed Controller's report) Motion by Councilman Shearer to approve Staffs recommendation to hold over this decision on uniform service to the next regular Council meeting; seconded by Councilman Miller and carried. BID NO. 75-117 Bids received in the Office of the Pur— FURNISHING A HYDRAULIC chasing Agent up to 10:00 A.M., on WORK PLATFORM Wednesday, August 13, 1975, and there— after publicly opened and read. (Council reviewed Controller's report) Motion by Councilman Tice to approve Staff's recommendation to defer the awarding of a purchase order until the;�next regular Council meet— ing; seconded by Councilman Miller and carelied. PUBLIC WORKS PROJECT NO. SP-74006 LOCATION: Various throughout.the City. STREET MAINTENANCE PROGRAM (Council reviewed Engineer's report) Motion by Councilman Shearer to approve the plans and specifications for the Street Maintenance Program and authorize the City Engineer to call for bids; seconded by Councilman Browne and carried. (Mayor Chappell stated he noted Congressman Lloyd was now present and a Resolution of Commendation would be given to the. former Mayor and Councilman, now a Congressman.) PRESENTATION • RESOLUTION OF (Presentation made by Mayor Chappell COMMENDATION TO and the former Mayor Shearer, because CONGRESSMAN LLOYD it was during his term of office that Councilman Lloyd became Congressman Lloyd, and due to the Congressman's busy schedule .:.presentation of the commendation was not made until this date.), PUBLIC WORKS_— Cont'd. RELOCATION OF.FIRE HYDRANT (Council reviewed the Engineer's report) AT 2801 GLENHURST PLACE Councilman Tice: Mr. Playor, a question of the City Attorney. Assuming the development company that originally laid this out has now gone defunct and it appears they did not follow the �'as build flans", would we have recc;urse to make them pay for the relocation of the fire hydrant? Mr. Wakefield: I think the answer to the question is "yes". The responsibility for the location.and the installation of the fire hydrant in the proper location was that of the original sub— divider, but when there isn't anybody around upon whom that obligation falls then the relocation becomes the obligation of the • City. (The Mayor pointed out that one part of thereport says "if the hydrant had been installed on the property line there still would have been insufficient unrestricted area, etc.", so the hydrant would still have to be removed and relocated. Councilman Miller asked if the City is now doing their own surveying or relying on surveying companies and Mr. Aiassa stated "we are now doing our own surveying With our own crew.) — '3 — CITY COUNCIL Page Four PUBLIC WORKS — Cont'd. 8/25/75 Motion by Councilman Tice to approve the relocation of the fire hydrant at 2801 Glenhurst Place; and authorize the expenditure -for relocation of the hydrant in the amount of $240 ; seconded by Councilman Browne and carried on roll call vote as follows: • AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None PERSONNEL BOARD Mayor Chappell stated it is only fair APPOINTMENT that the Commissioners of the City be introduced to the public as often as possible so rather than wait until later in the evening after many people might have left for home he would now announce the appointment of Thomas Sisson to the Personnel Board. RESOLUTION NO. 5097 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING MR. THOMAS Sisson` TO THE PERSONNEL BOARD. (`'lotion by Councilman Shearer, seconded by Councilman Browne and carried, to waive full reading of said resolution. Motion by Councilman Shearer to adopt said resolution; sec onded by Councilman Browne and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None • ABSENT: None COOPERATIVE AGREEMENT LOCATION: Mardina Street between WITH CITY OF COVINA FOR Hallenbeck Street and Citrus Street. USE OF DRAINAGE EASEMENT (Council reviewed Engineer's report) Motion by Councilman Browne to authorize the Mayor and City Clerk to execute this cooperative stormdrain agreement with the City of Covina; seconded by Councilman Tice and carried on roll call vote as Follows: AYES: Shearer, Miller, Browne,. Tice, Chappell NOES: None ABSENT: None AGREEMENT WITH LOCATION: Hallenbeck Street between LOS ANGELES COUNTY FLOOD Vine Avenue and Cameron Avenue. CONTROL DISTRICT FOR (Council reviewed Engineer's report) $5,000 PERMANENT REPAVING REBATE Motion by Councilman Tice to approve the agreement with Los Angeles County Flood Control District for the election of the permanent paving and $$5,000 rebate to the City, and authorize the Mayor and City Clerk to execute the agreement; seconded by Councilman Miller and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None • ABSENT: None REQUEST FROM DOCTORS DANIELS, LOUIE & WONG RE ACCESS TO CALIFORNIA AVENUE NORTH OF WEST COVINA PARKWAY (Council reviewed Engineer's report dated August 25, 1975). Motion by Councilman Tice to approve the Engineer's report.dated August 25/75; seconded by Councilman Chappell and carried. — 4 — • L1 • CITY COUNCIL PUBLIC WORKS - Con'td. INFORMATIONAL REPORTS a) Vincent Avenue Progress Report b) Woodside Village Land- scape Maintenance District Survey Report c) San Bernardino Freeway Progress Report CITY ATTORNEY Page Five 8/25/75 Motion by Councilman Shearer to receive and file; seconded by Councilman Browne and carried. Motion by Councilman Shearer to receive and file; seconded by Councilman Browne and carried. Motion by Councilman Miller to receive and file; seconded by Councilman Browne and carried. ORDINANCE The City Attorney presented: INTRODUCTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROV= ING THE ANNEXATION T0, INCORPORATING IN, AND MAKING A PART OF SAID CITY OF WEST COVINA, CERTAIN TERRITORY OUTSIDE THE SAID CITY AND CONTIGUOUS THERETO, KNOWN AS "EASTERLY ANNEXATION DISTRICT NO. 220." Motion by Councilman Tice to waive full reading of said ordinance; seconded by Councilman Browne and carried. Motion by Councilman Tice to introduce said ordinance; seconded by Councilman Browne and carried. ORDINANCE NO. 1274 The City Attorney presented: ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING SECTION 3187 OF THE WEST COVINA MUNICIPAL CODE, AMENDING SECTIONS 9201, 9203, and 9204 THEREOF, AND ADDING SECTIONS 9201.1. 9219.19 and 9219.20 THERETO, RELATING TO THE PARKING OF VEHICLES IN CERTAIN ZONES. (Amendment No. 124) Motion by Councilman Browne to waive full reading_of said ordinance; seconded by Councilman Miller and carried. Motion by Councilman Browne to adopt said ordinance; seconded by Councilman Tice and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None ORDINANCE NO. 1275 The'City Attorney presented: ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 3100 AND 3188 OF THE WEST COVINA MUNICI- PAL CODE, AND ADDING SECTIONS 3189 THERETO, RELATING TO THE PARKING OF COMMERCIAL VEHICLES ON CITY STREETS. Motion by Councilman Browne to waive full reading of said ordinance; seconded by Councilman Tice and carried. Motion by Councilman Browne to adopt said ordinance; seconded by Councilman Tice and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None - 5 - CITY COUNCIL Page Six CITY ATTORNEY - Cont'd. 8/25/75 RESOLUTION City Attorney advised this item is (Agenda Item G-4) withdrawn as the matter contained in the resolution was included in your action in July when Council adopted the salary resolution amend- ments relating to the miscellaneous employees of the City. RESOLUTION NO. 5098 The City Attorney presented: ADOPTED A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMEND- ING RESOLUTION NO. 1277, RELATING TO DEPARTMENT HEAD, EXEMPT AND FLAT RATE POSITION SALARIES. Motion by Councilman Shearer to waive full reading of said resolution; seconded by Councilman Browne and carried. (Councilman Shearer asked for the record what is the increase and the effects? Mr. Wakefield stated the resolution provides for a 5% in- crease for those persons which will head the department and for',,exempt employees, those classes of positions which,are not covered in the regular salary ordinance; and the increase is effective 8/l/75.) Councilman Shearer: It was my understanding that this resolu- tion affecting the department heads was the same as the miscellaneous employees and that was effective as of July l - what is the,reason for the difference? Mr. Wakefield: The reason for -the difference.in time of effectiveness arises from the fact that • the City Council has no authority to adjust the date of salary increases other than back to the lst of the month in which the action is taken. You will recall the salary resolution covering the miscellaneous employees was adopted in the latter part of July and the theory in the effective date of these increases is attributable to the date upon which this resolution comes before. There is nothing that the Council can do at this point in time to make it retroactive to July 1.. During the month of July, and you will recall this was done a year or two past, the City Council specifically reserved the right to make any increase granted to one class of employees effective at.the same time the other increases might have been approved, of the 1st of July, but this year no such sal::ry action was taken b=y City Council in regard to these employees. • Mr. Aiassa: and the City Manager. Lotion AYES: NOES: ABSENT: HEARINGS Mr Mayor, I uould like to direct Council's attention to two positions not shown on phis - Mr. Wakefield's a' carried on roll.�call vote as follows: Shearer, Miller, Browne, Tice, Chappell None None AMENDMENT NO. 127 Proposed amendment to Article IX, AMENDING.THE PARKING Chapter 2 - Zoning Section of the REQUIREMENTS RE THEATRES West Covina Municipal Code, amending the parking requirements relating to theatres and Artification of the Environmental Impact Report. Planning Commission Resolution No. 2600 denied the proposed amendment, but.recommended approval of the CITY C0J1'JCIL I.IEANIIJG: - Cunt' Page Seven 8/25/75 Environrnent:il Impact Report. (Proof of publication in the West Covina Tribune on August 14, 1975 received; no mailed notices required. Verified by City Clerk) • (City Council received copies of Resolution No. 2600; staff report dated August 6, 1975; Environmental Impact Report and minutes of the Planning Commission hearing. The Planning Director briefly summarized contents, further stating Council at their meeting of August 11 called this up for a public hearing.) THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON AMENDMENT NO. 127 - THEATRE PARKING. IN FAVOR Arthur Sanborn (Sworn in by the City Clerk) 2504 East Workman Mr. Mayor and members ofCouncil, I West Covina witnessed the hearing at the Planning Commission and was quite impressed with the staff as to their report on the matter and also to the questions fielded by Mr. Diaz as to his knowledge of the theatre business. I felt it was unfortunate that the Planning Commission, particularly some of the members continually asked the Planning staff about certain idiosyncrasies about the business. I had hoped they would ask someone with some more knowledge and I hope this evening if any members of Council do have any questions in the areas they are not familiar with I would be very happy to answer them. There are many items, as I read the minutes from the Planning Commission, they are completely in error as far as the facts regard- ing the business and its operations are concerned. One of the areas the Commission placed a 'lot of emphasis on, I felt, was the fact that of the three theatres located in the city one theatre has a rather unusual and difficult parking problem, that is the newest theatre in the city and it was -built without any parking requirements as they relate to theatres. Therefore in my opinion studying that situation is of no value based on what is trying to be accomplished here relative to theatres per se. The other theatre which is the second built in the city, the Capri, although built under the current zoning legis- lation it has a rather unusual design as to its parking, particularly as to its flow of traffic and its passenger loading. This is a critical area of congestion or lack of congestion in the area of theatre buildings. So I would think if Council felt they would like to use examples in the City the Eastland Theatre, which is the one up tonight for a zone change, would be a much more appropriate ��;:arnl.lr {,u consider. Th _ t theatre was built 14 years ago under the old code, the 1 for 5. The code has since been restricted to l for 4. Yet at the old ratio we find that rarely if ever, by that I mean. perhaps one or two weekends a year, will the parking spaces be filled and that is under the old code, 1 for 5. Yet if the Commission had been aware of that type of information they probably wouldn't have made the comments that the current code is not restrictive enough. Therefore it would be foolish to make it less restrictive. • As to the multi - theatre approach. When the Wescove was opened 6 years ago it was the first new multiple theatre built in Los Angeles County and we felt rather proud that we more or less initiated that concept in the Southern California area. Since that time the whole industry has changed rapidly and everything has come to an automated system and the mini type theatres, which is* what the Eastland is about to do. The Planning Staff in their report indicated, which I thought was very good for a lay person, that the impor.Cont pictures will play in the larger theatre and they will move then to the next smaller theatre and right on down the line as the - 7 - CITY COUNCIL Page Eight HEARINGS — AMENDMENT NO. 127 8/25/75 demand for that picture lessens. In a sense that is true but not always. I think the Planning Commission perhaps misunderstood, these theatres are not always filled. It is not a matter of moving the pictures from one auditorium to another to keep them filled, it is a rare thing that theatres are full these days. You can go across the street to see the most popular picture in the industry and there' Will be less than half the seats full and that is setting an all time record. So I use that as an example. That is tonight, right now. So I think there might have been some misunderstanding by the Commission as to this when they digested and - apprised the staff report. Personally I thought the report was excellent, they did an accurate job, but I thought it was misread to some degree. There was another major factor and that is what they called in the report the overlap — meaning that patrons are in the theatre to see a particular show and when that show ends and another about to begin, there are people driving in and out and there is overlapping in parking. In the multiple theatre concept we find that is reduced perhaps 70% because the films are staggered and this is done from an economic standpoint in the industry. So the overlap problem is reduced to practically of no value at all. Those are the main points that I thought night have been misunderstood by the Commission and I had hoped to have this opportunity to present it to Council, although I was afraid .it might be taken out of concept because they don't necessarily relate one to another. Thank you. • Mandy Williams (Sworn in by the City Clerk) 1312 Glen Ellen I am in business at 2525 Workman Avenue, West Covina West Covina, directly across the street from the Eastland Theatre and I would like to say in the past 14 years I have been there and I think the theatre has been there about 13, there has been no parking problems in the past for myself or any of the other businesses that I know of and I feel the change being considered here would certainly present none in the future. Thank you. IN OPPOSITION Sworn in by the City Clerk) Phil Wax I am speaking as Phil Wax, not a re- 1014 W. Garvey presentative of anything else except West Covina as a business man concerned with parking in this City for many years. It has always been a major problem and I was very pleased to see the City take the initiative and make the requirements a littletougher. I have gone down and watched Eastland at this stage and they have to be a bus stop and a park and ride stop to fill up the vast area they have for parking, based on the parking for various seasons of the year when there is a.large influx of people and I think those requirements should be met at all times. There should be a maximum and the city should stand behind that maximum. • My concern is if there is a need in. a specific area to help the theatres I am not opposed to a variance or some type of relief that can be worked out, or whatever it takes, but' I just don't want to see you break it open citywide. I think it will just open the door for other areas that some of these theatres are searching to come into. I think you have several theatres including the owners of the Eastland Theatres also looking in other locations and presently they can't meet those requirements. If you open the door by decreasing here you will find that you have.to do so in other areas that come along. J CITY COUNCIL Page Nine HEARINGS: Amendment No. 127 8/25/75 Then I always challenge what makes the theatre any different than a restaurant, a jewelry store, or a shoe store, that would make a special consideration to break an ordinance citywide. So again I say if there is need for special, • consideration then I would like to see you give consideration to the variance or an unclassified use permit or whatever it. takes to lock it into a specific c,rea, but not bre«i< it citywide. Thank you. Robert L. Jackson (Sworn in by the City Clerk) 1739 Thackery I am a member of the Planning West Covina Commission. The Traffic Committee felt that what we had was adequate and that sometimes the 1 to 4 was perhaps a little too much, especially in the case of weekends when traffic would be provided. Now very seldom do four people arrive in one car. The Enno Foundation, which the staff report qu.oted, felt that what we had was adequate and they. suggested 1 to 4 and not more than 1 to 5. The suggestion was that we lower the parking requirements of 1 to 5 up to 800 and 1 to 8 over 800 to 1600 and 1 to 10 over 1600. The staff report also showed. that in such places as Long Beach which allowed 1 to 10 there had been no new theatres developed in the downtown area, that all the developments had been in outlining areas, such as the Puente Mall and in other shopping centers. To me it does not appear to be a good logic that we should reduce these requirements, that we should n.ot consider three theatres as one and that also was a part of what was requested. That you would count the total number of seats in three theatres as one for the application of these reduced requirements. • To me it is good business and I congratulate the proponent here that he is applying good business principles — one larger, one a little smaller and one not quite so big, and as a prime movie comes in such, as "Jaws" and everybody comes in that is in the big theatre and as the demand diminishes then it is moved to the second and then on down to the third. But this will do nothing but increase the parking. usage. I think I understand business, I have been in it for 20 some plus years but I don't believe we should cater to an individual by changing the requirements of the City to fit a particular precise plan. Thank you. REBUTTAL Arthur Sanborn: Mr. Mayor, I am not sure of what Mr. Wax. was saying — he and.I are good business friends and he was speaking as a business— man in the community. I don't know if that is important to the Council or not, but just.in case it is I think I should declare my position. I speak as a more than 21 year resident and homeowner in the community and as a mutiple businessman for 14 years in the community who owns his own property. I think Mr. Wax speaks from the viewpoint of a tenant merchant. I am not saying that one is good or one is bad. I don't think it has any bearing on this matter this evening,but in case it does I thought I should declare my position since he did. As far ' as parking formulas for motion picture theatres as they relate to shoe stores or any type of business I think shoe stores and other businesses have so many parking stalls per square feet of retail area. Theatres have seats and.the retail is in effect where the box office is or the. candy bar. So it is where the people watch the picture that the seats are and it seems only appropriate to me that parking lots for theatres should be brasod on the seats and that is why they are different.. I am surprised that Mr. Wax does not realize that but then again he is not an expert in the theatre business anymore than I am an expert in the shoe business. Mr. Jackson's remarks. He had a lot to CITY COUNCIL Page Ten HEARINGS:_ AMENDMENT NO. 127 B/25/75 say at the Planning Commission hearing where he is an old time member and has done an excellent job. I was surprised to hear him get up and more or less condense what he said at the meeting and that I am reading in the minutes and they are mostly in error as far • as fact is concerned. I think I made my remarks previously which were mostly about what he had said. The proof of the matter is, that the Eastland Theatre was developed with the parking ratio 14 years ago that is the same one approximately that is proposed to be changed back to tonight. The current ratio which is more restrictive which Mr. Jackson thinks is not restrictive enough does not hold true because the weeds grow now in the parking lot in back of the Eastland'Theatre and people are just not parking there. It is a fact in spite of what his business judgment may tell him. One further comment about that. Businesses like air conditioning of buildings are rarely designed for 100% capacity. We don't design our theatre to keep it at 72 degrees with 1000 people in it at 105 degree outside temperature, because that rarely happens. Most architects design fo•r a 60 to 70% load. I assume that is what parking for businesses are designed to, not like one picture such as "Jaws" that has set a 50/70 year record. Things are generally designed that way and I assume the ordinances are too for something that is considered more than an average amount but certainly not a peak record that would occur on one or two nights. Thank you. THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. • (Councilman Tice asked the Planning Director — had Mr. Sanborn not requested annexation to the City of West Covina and deannexation from Covina could he have built that addition if he stayed in Covina? Would he still have a parking problem? He was advised the parking ratio in the City of Covina is 1 to 5 for the first 800 seats and 1 to B for the next 800; under the current standards of Covina he would not be able to make an addition irregardless of where the boundary fell. Councilman Browne asked the City Attorney in due process of consideration of the change in the City's parking allowances are there any alternatives, such as are generally per— mitted in some other areas of businesses rather than going citywide?) Mr. Wakefield: Mr. Mayor and members of Council, one of the uses of the Variance is to pro— vide a means of relief to an individual property owner from conditions which exist in reference to the use of his property that are not general or common throughout the City. I assume that under the appropriate circumstances the Planning Com— mission could grant a Variance from the parking standards for a particular theatre project, whether it is Eastland or some other location within the City. On the other hand where the conditions are substantially identical you have a single standard that must be applied throughout the City and again the authority to grant a Variance depends upon individual circumstances and individual condi— tions. • Councilman Browne: Say that this proposal comes up as a Variance — would it justify consideration? Mr. Wakefield: In my opinion it would. Yes. (Commissioner Jackson pointed out as a point of order it would be a Use Variance and not a Zoning Variance) (Councilman Tice asked how many parking spaces would have to be added on the 1 to 5 ratio? Rephrasing the question he asked — expanding the theatre to what is proposed and staying with the proposed — 10 — CITY COUNCIL Page Eleven AR HEINGS• 127 ^�2 8/25/75 w _ , ,Af�1LfJDf�IEf�T N0. criteria he has to add more parking spots; if we went to the 1 to 5 he would have to add so many more parking spots but not the amount ,required for the 1 to 4 — what is the net difference?) Mr. Miller; I would have to research that Planning Director precisely • but we do know in researching this. mattrratio for this code amendment and relatingand to thisrmininparticulararkinsitegthat' the meeting of the 1 to 5 parking ratio on the existing site includ— ing the joint agreement with the adjacent stores would not be met unless the office building that is part of the Precise Plan #117, which is under a separate ownership (Scofield Trust) unless that office building was removed from the Precise Plan and the area w<.:s Sul: in-c:D ;Parr:ing, then, it could possibly be met at a 1 to 5 ratio. But at this point in time it is hard to tell because the Scofield Trust people have not indicated a willingness to remove that office -building from the Precise Plan. So we do not have a precise answer to your question. Councilman Shearer: Mr. Mayor, it seems to me our dis— cussion is taking the wrong tack. We are a development as it applies to an ordindancessing change. I ar really think that while obviously connected that if we are going to be looking at a particular development that it should take the course of a Variance or Use Permit or whatever the legal term is. The matter before us is a proposed change in a parking requirement for any theatre at any location whether it is on Workman or any other place in the City. • Iive would like to refer to the EIR. The theory behind that is to ma as to the impact of their action and Idquote ofromkers thatlnforreporttion Page 2 — "A first —run movie on a Saturday evening during the school year, when students generally go out only on weekends, can create an intolerable parking situation." And then on Page 3 'The probability of the required parking being at capacity would appear to be increased with multitheatrrs. Lowering of the existing standards and the potential for multitheaters will undoubtedly increase on —street parking demand." And on the same Page "The Eno Foundation for Transportation recommends a minimum standard for theaters of one parking space per four seats which is the current City standard." On the basis of those statement it does not appear to me to be in the best interests of the City — it appears to be -adverse to blanketing reverse the ment. I wouldn't say it ought to go up as testifiedabklogerperson— tonight. I think one of the biggest y Person ter — effect of allowing something like this rtolgosin. I realizethearea to the west of -the Eastland Theatre is not in the City of West Covina, but nevertheless it is a residential area and overflow park— ing on residential streets at times when suburban theatres are open does create an intolerable situation. We have had people come before us — I recall a situation in Woodside Village where some People came before us to do some different things on some of the parking and setback requirements and our concern then was the on — street parking. I can't see any rationale at this point based on the statements in the EIR for changing to a lower standard. Now it be al basis may see fit to make some changes but mIythinknthat an lshould ube handlede as the situation arises and not an across the board change in the ordinance. Councilman Miller: Mr. Mayor, I also have been thinking basically along the same lines. It is — 11 — CITY COUNCIL Page Twelve HEARINGS: AMENDMENT N0. 127 8/25/75 a citywide situation and before I could give it more consideration I would need more input on all the theatres. In fact one point was brought up - how many times are the parking lots filled and how many times are they not? Without this type of information I • would not want to make a judgment on it. Councilman Tice: Mr. Mayor, I thinkwe are specifically speaking of the enlargement of the Eastland Theatre, that is the specific problem that we are really addressing ourselves to. Councilman Browne: I think Councilman Shearer pretty well hit the iceberg dead head - we are looking at an overall change for the City. I would rather look at the existing Eastland properties on an individual basis. I feel somewhat alarmed over the impact of the increased parking volumes as generated in some areas of the. City, especially in the redevelopment area itself where we already have a terrific problem as it now exists. I would rather we send this back to the Planning Commission saying we approve the Precise Plan with a Variance on parking. This is the reason I asked for a determination by the City Attorney of the alternatives that we could go through to afford parking on a specific project rather than looking at it on a citywide basis. Deny this and he would have to initiate a separate request under the structure of our ordinances. Mayor Chappell: That appears to be the consensus of Council at this time - that we take • individual hardships on an individual basis. Councilman Tice: Mr. Mayor, a question of Mr. Sanborn. I notice you are under construction - land leveling, etc., does this make. a problem for you? By resubmitting on a Variance basis it will probably delay this somewhat. Does this cause any type of problem from your scheduling standpoint? Mr. Sanborn: Our business where we bid advance. We "French Connection" the first week in July October. If that gives you the indication commitments. has gotten to the point for films quite aways in ran a picture called the and we.. bid for it last Yes, we have film The property was in the City of Covina (I don't know if it still is or not), I went to the City of Covina and requested that they deannex it and give it to West Covina if West Covina is willing to take it. So I can see where I made a mistake in doing that. I should have left it in Covina. So to answer your question, it would be very inconvenient. I would like to make one point, .Mr. Mayor, either I misunderstood the question or the answer, but • when Councilman Tice asked the Planning Director a question about how the parking requirement in this City compared to Covina, if I had left it in Covina, I think the answer was it is different, and it is not. It is exactly the same. In other words what is being asked here this evening is exactly what the City of Covina has and that was the guideline and that was where this property used to be. So I don't think Councilman Tice got the right answer but perhaps the Planning Director didn't hear him correctly. (The Mayor asked the Planning Director to again answer that question.) - 12 - CITY COUNCIL HEARINGS: AMENDMENT NO. 127 Page Thirteen 8/25/75 Mr. Miller: Mr. Mayor and members of Council, the Planning Director answer to the question is on a 1 to 5 for the first 800 and 1 to 8 for the next 800 or anything above 800 — the answer is "no" it could not be • built under their standards either. Motion by Councilman Miller to disapprove Amendment No. 127 amend— ing the parking requirements relating to theatres; seconded by Councilman Shearer and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Chappell NOES: Tice ABSENT: None ZONE CHANGE NO. 492 LOCATION: 2504 East Workman Avenue.and PRECISE PLAN NO. 17 Northerly Annexation District No. 221. REV. 19 — SANBORN THEATRES The applicant, Sanborn Theatres, re— quests approval of a zone change for proposed annexation district No. 221 (detachment from the City of Covina) rurrently.zoned Q-1. (Single Family Residential) to the C-2 (General Commercial)zone, and approval of revised precise plan to permit the construction of an addition to the existing theatre and improvement of the existing on —site parking and circulation. Approved by Planning Commission Resolution No. 2601. (City Clerk verified a Proof of Publication in the West Covina Tribune on August 14, 1975, received. Mailed 25 Notices to property owners listed on property owners' list.) Councilman Shearer: Mr. Mayor, a point of question. Do we have provisions, Mr. Wakefield, in our • code for pre —zoning hearings? What is the effect of that since a road block was thrown at us a couple of weeks ago, this is technically still in the City of Covina. What is the status of this action? Mr. Wakefield: Mr. Mayor and members of Council, as of this afternoon the City had not receiv— ed the certificate from the Secretary of State 'approving the annexation. Attempts were made to call the Secretary of State's office and because of some telephone difficulty created by the Secretary of State's office removal from the State Capitol the lines were not available. So as of this evening the best information we have is that the territory is still within the City of Covina. Councilman Shearer: If we go through the.hearing process and approve a prezoning do we have to go through the same process, assuming Mr. Sanborn doesn't change his mind, after it is annexed or are we wasting time? Mr. Wakefield: No sir, the adoption of the prezoning ordinance simply establishes the zoning for the property and that will be effective when the property comes into the City of West Covina. We have no authority actually to zone property in the City of Covina obviously but we do have authority under the State Law to adopt an ordinance establishing a zone for a particular piece of property in process of being annexed to the City and when it is annexed then it comes in by zoning established by that ordinance otherwise it would come into the City on the basis of the zoning in which it existed in the City of Covina. (Council received copies of Resolution No. 2601; Staff Report dated August 6, 19'75; Precise Plan No. 17, Rev. 19; Negative Declaration of Environmental Impact; minutes of the Commission meeting of, 13 — CITY COUNCIL Page Fourteen ZONE CHANGE NO. 492 PP #17. REV. 19 8/25/75 August 6, 1975; applicant's letter dated August 18, 1975, appealing Condition 7(c) of Resolution No. 2601.) Mr. Miller: Mr. Mayor and members of Council, it • Planning Director would be consistent with the General Plan and,the zoning in the district,to zone the property C-2 and also consistent to approve the Precise Plan No. 17 as approved by the Planning Commission inasmuch as Condition #1 in the Planning Commission Resolution states "Applicant shall meet the parking requirements for theaters of the West Covina Municipal Code." And if I read Council correctly on the earlier matter the applicant still has the option open to apply for a Variance to the particular code requirement if he so chooses, in which case a Precise Plan reflecting any change must be submitted. Therefore, the Planning Commission recommends approval of prezoning from R-1 to C-2 and the revision of Precise Plan #17, Revision #19. The Precise Plan is not before you. I believe the only condition appealed by the applicant as far as the Precise Plan is Condition 7-c, which pertains to the requirement to provide for the street improvements as well as dedication on Workman Avenue. The applicant has been in- formed by Staff that the Staff does not have the authority to deviate from that particular requirement, only Council can accept a modifica- tion of the requirement to permit bonding for the improvements as he is requesting. For your information the applicant has signed a . statement indicating that he agrees with all the conditions of the Precise Plan except Condition 7-c and staff would recommend approval of the conditions for the Precise Plan and Zone Change 492 and would • be favorably towards the bonding for the improvements. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE NO. 4929 PP #17, REV. 19. IN FAVOR Arthur Sanborn We are appealing the one item as the 2504 Workman Avenue Planning Director said re the street West Covina improvements although we are willing to dedicate. Mr. Miller, you mention- ed something about bonding now, I thought it was a situation whereby when the street is widened east to Citrus at that time the work would all be done and it wasn't in the 5 year plan. Or did I mis- understand? Mr. Miller: Basically we accept outright improve- ments of the property or bonding for the improvements, or an agreement to take certain actions as you indicated when the balance of the work is constructed with some sort of mometary consideration to seal the agreement. So it is really three alternatives that are available. Mr. Sanborn: And if that does not occur, it.was indicated in the staff report that it might not be in the 5 year plan, • is there a time factor on the bond or does the bond just continue on? Mr. Miller: There could be a time factor. Mr. Sanborn: Yes, we are in favor of it except for that one section on the street widening. We are increasing the parking capacity 58 spaces from its present which gives a total of approximately 375. If we were in the City of Covina we would need 293 and if the City were to approve the ordinance back to what it was when the theatre was built we would be in excess of some 82 parking stalls. Mr..Mayor, - 14 - CITY COUNCIL Page Fifteen ZONE CHANGE N0. 492, PP #17, REV. 19 8/25/75 would it be appropriate to ask a question about the parking ordinance? (Answered: Yes) When this theatre was constructed 14 years ago and it met the requirements at that time and it has been found without exception for 14 years that those requirements are • more than adequate, in fact we have excess parking, sometime in the mid-60's - I don't remember the year now - the parking was made .more restrictive for theatres, the question in my mind is, and I am surprised the Planning Commission didn't raise the issue, perhaps they know and it just didn't come out in the public hearing, but: I have been unable to find out and the current Planning Director was not here and I have asked around and have been unable to determine why in the mid-60's that parking ordinance was made more restrictive for theatres. The best answer I get is that at that time many revisions were made to many ordinances in all the various commercial zones and in that flood of changes this situation occurred in theatres rather than having it occur because there was a particular problem in the City with regard to theatre parking formulas. Therefore, it would seem to me appropriate if it is being considered to change it back to what it was which from the standpoint of experts seems to be adequate and also in line with other cities - I don't understand why this City now feels that it would not be adequate. Thank you. THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Mr. Wakefield: Mr. Mayor, there are two separate matters before City Council. One re- lates to the prezoning of the area • that is currently within the City of Covina. The other relates to a modification of a condition of the Precise Plan of approval by the Planning Commission. For the purpose of the record I think it would be appropriate to take the two separately. Councilman Shearer: Mr. Mayor, I am a bit confused - am I correct "that he is only appealing the street improvement clause? (City Attorney answered that is correct) And yet the Planning Commission recommendation #1 says that the applicant shall meet the parking requirements of the theatres of the City of West Covina. That is not being appealed? It would not have needed appeal if we had changed the ordinance but the present Precise Plan doesn't meet the parking requirement, therefore approval of this Precise Plan appears to be kind of useless because it doesn't do the job - yet that isn't being appealed. Does that make sense? Mr. Wakefield: Yes sir, it does to me. Councilman Shearer: So why approve something that doesn't work. We are in effect being asked to approve something on paper that doesn't work. Mr. Miller: The Precise Plan 13s drawn here does • not meet the current standard of 1 to 4. The applicant has really two options available to him. One is to file a Planning Director's modification or a modification to be approved by the Planning Com- micsion that shows the mothod where!y hecan provide the 1 to 4 parking ratio. This could be a dual level parking structure, (granted those are costly). The other option is the parking Variance. In the process of reviewing a parking Variance there are going to; be several units, one will be the Sanborn Theatre and its current location and how the addition can be made. The only change basically would be a consideration of this Precise Plan as you see it tonight - 15 - CITY COUNCIL ZONE CHANGE NO. 492 PP #17, REV. 19 Page Sixteen 8/25/75 and weighing the pros and cons of that Precise Plan and the number of parking spaces.as provided against the four showings of the Variance. If that Variance is approved''this Precise Plan is • effective and if disapproved the Pretisb Plan is not effective and it would have to be revised. So approval of this plan would at least accomplish setting the given areas, the access, the building location for the addition and clarify the issue as far as the bond- ing of improvements on Workman, the technical conditions. The actual method of achieving the parking would still be left open to the applicant and the administrative processes of going through the Planning Commission for a Variance. The area shown on the Precise Plan is the area being retained for the office/professional building owned by ScoftelW Trust. I think it has approximately 142000 square feet, a 2-story structure that would be located in that site. Under the revised Precise Plan they can maintain the 14,000 square feet through the joint use of parking provided on site. If that area were removed or permission was granted to pave it into parking it would help alleviate the situation there. At the very beginning of our discussions with Mr. Sanborn we met with Akron, representa- tives of Scofield Trust and Mr. Sanborn and they indicated at that time they were in favor of paving that area and since that time they have taken kind of an 180 degree turn and have not agreed to releas- ing any right to build that 14,000 square foot building and we must honor them. It is a separate piece of property. (Discussion between Councilman Shearer and Mr. Miller followed re parking area, how many spaces included, the radius covered, etc.) Motion by Councilman Shearer to approve Zone Change No. 492; seconded by Councilman Browne and carried. Motion by Councilman Shearer to approve Precise Plan #17 with the conditions imposed by the Planning Commission with the exception of item No. 7-c and allowing that to be worked out with some sort of a bond or deposit, or agreement to provide the improvements at such time as the remainder of the street easterly of Citrus is improved; seconded by Councilman Browne and carried. (THE MAYOR CALLED A RECESS OF THE MEETING AT 9:06 P.M., COUNCIL RE- CONVENED AT 9:14 P.M.) ORAL COMMUNICATIONS Paul Barrett (Regarding the salary negotiations 846 South Union Ave., for the West Covina Fire Department) Los Angeles Mayor Chappell: Mr. Wakefield, is that subject for oral communications? Mr. Wakefield: Mr. Mayor, to the best of my know- ledge the negotiating process is still underway so far as the employees in the Fire Department represented by Mr. Bahn's group are concerned. I don't know what the subject matter is he wishes to pursue this, evening but I would suggest to Mr. Barrett until the negotiations reach an impasse there is no basis on which the Council could take action one way or the other. Mr. Barrett: Mr. Wakefield, we already advised the City that we are at an impasse. - 16 - CITY COUNCIL Page Seventeen ORAL COMMUNICATIONS 8/25/75 Mr. Wakefield: My understanding of the matter is that negotiations have continued since the July 17th date. Am I wrong about that? • Mr. Barrett: We had one session with Mr. Eliot to review the budget which we had not received until July 21. That was five days after we came to impasse. We did no negotiating at that session whatsoever. We are at impasse. We advised Mr. Counter of this on July 16 about 6 P.M. when he was at Lake Tahoe, the night I appeared before the City Council. Councilman Shearer: _ Mr. Mayor, a question of Mr. Wakefield. What does our ordinance provide in the way of notice in impasse? Mr. Wakefield: It doesn't require any specific require— ment with respect to notice except if the parties are unable to reach agreement then each party to the negotiating process is authorized to submit their position with reference to the salary matter to which no agreement has been reached to the City Council. The city repre— sentative has an opportunity to reply and the Council may then take appropriate action to resolve the matter. So far as I know the Firemen's Association nor the union have advised the City Council or the City Manager that negotiations have been concluded. Councilman Shearer: Under the ordinance in regard to the miscellaneous employees once the . Council had concurred with the impasse situation we scheduled a meeting at which time we heard the position of the employee group as well as Mr. Counter's state— ment and we took action at that time. I assume the same process should be followed here? (Mr. Wakefield answered: Yes) I would say it would be inappropriate for us to take action on any pre— . sentation made this evening in the absence of our negotiator. I would suggest, with the concurrence of Mr. Wakefield as to the legality, that we consider this on Wednesday at 4:30 P.M. If Council concurs at that time that we are at impasse would 'it be proper for us to go into a hearing or discussion to resolve the matter? Mr. Wakefield: Under the Myers, Milias, Brown,Act as I understand it and also under our own ordinance the City Council would have the obligation to notify the representatives of the Firemen"s Association of the time and place at which the matter will be considered'and give them an opportunity to submit their side of the matter, their position with reference to the unresolved issues.in writing prior to the meeting. If the negotiations are actually at impasse and that is determined to be the case on Wednesday evening the Council could fix a time and place at some future date for the matter to be heard. . Councilman Shearer: If agreeable could it be immediately following the determination? The point I am getting at if we delay it another month then, we have the compound problem that we already had earlier this evening that the effective date can only go to the first of the month — is there a time requirement? Mr. Wakefield: There is no time requirement if Mr. Barrett is willing to submit the — 17 — CITY COUNCIL ORAL COMMUNICATIONS Page Eighteen 8/25/75 . E • i.iLLrr 'n ;ietermination by City Council at Wednesday's meeting, then I thine: the City Council has the authority to consider the matter and ad judicate it. But without the consent of the representatives of the union representing the firefighters I would advise against that course. (Mayor asked Mr. Barrett if Wednesday would be an agreeable time if Mr. Counter and Mr. Barrett agree we are at impasse - Mr. Barrett said Wednesday was not a good time at 4:30 P.M. The Mayor said a different time would be picked that would be agreeable to all.) Mr. Barrett: laterally by either July 16, I advised Il yo_i w:.1-1is to play are at impasse. So at some length here Mayor Chappell: Councilman Shearer: Okay. We are at impasse and it is not something that is called bi- laterally, it can be declared uni- party involved. I declared an impasse on this Council so when I was ;r re on July 23ti1. your tapes back. So you are advised that we the declaration process you are talking about tonight is really meaningless. negotiator and if Fir. Counter mutually agreeable time. Mayor Chappell: We will have our meeting with Mr. Counter and get back to you so you can make a complete presentation to Council. Mr. Mayor, I think it is extremely important that the presentation be made in the presence of our cannot be there we will have to set a And Mr. Barrett, if you find 4:30 is favorable to you let us know and we may yet be able to schedule tt after that meeting. Councilman Tice: Mr. Mayor, I am still concerned why if the Fire Association declared an impasse on the 16th of July why we did not get the word? I don't think any of us got the official word there was an impasse. There must be a breakdown in communications along the line. Mayor Chappell: Very possibly and when Mr. Counter comes in on Wednesday we will ask him that question. Ken Seymour I would like to refer to Item I under 1724 Oak Ridge Circle the City Manager's agenda and 2-d, and Woodside Village, W.C. request of the Council that no fixing of rate increases or taxes for Mainten- ance District No. 1 be considered until after the September 16th study session that the City Counci•1 has on their future agenda. Mayor Chappell: We will take that under advisement. Chuck Bahn, President I would like to address myself to the W.C. Firemen's Assoc. budget and some feelings the firemen in West Covina have in regards to the budget and some of the items that have been coming about recently as far as manning. We realize you are very close to setting a budget and this is the only opportunity we have where we can get all of you together in one spot, not to put you on the spot but to express our feelings on specific matters having to do with the budget. Nct specifically telling you what we want but pointing out some areas where we feel there is a problem. CITY COUNCIL Page Nineteen ORAL COMMUNICATIONS 8/25/75 Mr. Mayor, this has nothing -to do with salaries, I am speaking mainly of equipment and manning and the" way the budget seems to get to you gentlemen and sometime we feel it does not. These are feelings we have as firemen. We have a dire need for many things in the fire department and are not un— aware of the fact that you have fiscal problems in the City and have to decide one itern over anoth^r. We are not debating that. This is your job and it is a hard job. We understand that. But we do feel in certain areas, specifically safety equipment, that when it is asked not by us or the union but by a department head, year after year and it is getting to the point where you are dangerously low in certain equipment, I am speaking now of hose, breathing apparatus, spare cylinders. I happened to be on the fire we had at Holiday Inn. I was a one man truck company.' When I drive up to that building and I see 5 or 6 people on the ledge at the fifth story and they tell me to ladder the building and I am toy myself, and I have to scourge around for enough people to man a 45' ladder to get these people down, well your rules and regulations kind of go out the window. You have a man up there threatening to jump. — what do you do? You rob a few people here and there. Our normal rule is five people to raise a ladder. We raised it with four people and were darn lucky to get it up. We got the people down, we had a good operation, we are proud of our guys, everything worked good. Our mutual aid worked fine. But when we show up to a fire situation as you put us into there and we don't have a specific piece of equipment manned with the number of manpower required to run the equipment this is not only dangerous for us but also for the citizens we are here to serve. I am sure the funeral we attended this after— noon for the fireman in the Arcadia Fire Department — — some officialsin this City feel firefighting is not a dangerous job unless you work for L.A. City or L.A. County or downtown L.A.' where you have 8 to 10 story buildings say you are not in a hazardous job — try and convince that man's wife and kids that the job is not hazardous'. We seriously request that Council consider No. 1 — the manning of the truck company. Check into the fire rating bureau, check into your management green book and find out what is the minimum required on a truck company. One man is not the answer. It is not safe for the man or the people we are trying to get,down. That is a very big concern of the West Covina firemen. Also the breathing apparatus, the ability to have a spare. At present we don't have one breathing apparatus per man. You should have spares and have one for everybody. We would question how the budget works as it goes from the Fire Chief to the Council members. There is a pre— liminary budget that the Council members go over and decide what they are going to take out — do you gentlemen have the benefit of knowing what our Fire Chief said originally? Do you know how •much hose he originally asked for? Do you know how much breathing apparatus he asked for? Do you know what kind of a grass rig he' has asked for? Has he said the grass rig we now have is not adequate, it can no longer be depended upon to be in number one shape — and we have a lot of grass areas. Our main concern is that some of these items are getting red lined out before it gets to you and you gentlemen have to make the final decision but we want you to have all the information before the decisions are made. — 19 — CITY COUNCIL Page Twenty ORAL COMMUNICATIONS 8/25/75 Fly second concern outside of the fire truck company was that you gentlemen would look into the way the budget is handled and if you are not getting this information we would hope that you would see to'it that the Council would have avail— able the original proposal — and this goes for all the departments • of the City, not only our department. I have gone over some of our Chief's budget and it says "We urgently need....." we no longer have the capabilities of first line equipment. Hose you are putting yourself in the serious problem of a disability or death using old hose. All of this is in the budget and have been in for years now but they seem for some reason to get red .lined out all the time. We would appreciate very much your con— sideration and if you would look into this -and find out if these things are not getting to you that they do in the future. We thank you for your time. Mayor Chappell: We are sorry that our Chief or one of his representatives was nothere tonight because we always like to get both sides of an issue and in the paper tomorrow there will be only one side. I think that will be an unfair article. Chuck Bahn: Councilman Tice: yet. Many of these I am not saying anything against the Chief we are for him. The preliminary budget did have the Department's requests in there, Mr. Bahn, and we discussed it quite thorounhly, I d3n'3t think we resolved:�' it safety items were not there. (Explained further) Joanne East This evening I am representing the West Covina . 1430 East Portner All City Bi—Centennial Band. The band has West Covina just completed their summer season for 1975. During this time the band participated in several parades including the very fine Recreation Department Children's Parade at 'Eastland. They later closed the summer season with a concert here at City Hall. Debbie Gonzales, our solo twirler and secretary of the Band Association will now present to you the trophies received by the band as a ,result of their band. presentations this summer. Debbie Gonzales: The first trophy is the one received at the West Cov::.rll ,, Independence Day Paradra and all the hrnd people were proud to be a part of the 4th of July Fireworks Show. The second one we received at Palm Desert, first place for marching in the parade. The third is a 2nd place trophy for the San Clemente Parade. The last one is a plaque received for the outstanding contribution to the 1975 Children's Parade at the Eastland. Mayor Chappell I am sorry there were not more people out to hear the concert here, it was a beautiful evening and an excellent performance.,We commend the band for their performance this past season. "Thanks very much for your participation in our community. CITY ATTORNEY AGENDA—_Cont'd. • CETA TITLE II C"ONTRACT Motion by Councilman Tice to authorize AMENDMENT — TIME the Mayor.to execute the agreement with EXTENSION the County of Los Angeles re CETA,,. (Staff Report) Title II; seconded by Councilman•Browne`" and carried. — 20 — CITY COUNCIL CITY ATTORNEY - Cont'd. Page Twenty-one 8/25/75 • 11 DEPT. OF TRANSPORTATION FUNDING FOR SAN BERNARDINO FREEWAY LANDSCAPING (Oral Report) indulgence, I would like to Mr. Wakefield: Mr. Mayor and members of Council, this item is an un- usual undertaking for me. I learned long ago that it was not my job to complain about injustice but, with your do so this evening. It is my understanding, and I have checked with the municipal office of the Department of Transporta- tion, particularly the advance planning section and the budget section, and learned that the work of landscaping the San Bernardino Freeway within the city limits of the City of West Covina has not been included and is not proposed to be included in the Department's 75/76 work program and budget. As you know, it was proposed that the landscaping of the freeway be done in two substantially equal pro- jects, one from Puente to Azusa Avenues and the other from Azusa to Via Verde. The total estimated cost of both projects is 4PS75,000. The entire landscaping projectiis eligible for Federal participation in funding up to 92% of the total project cost. The State's share of the Project is approximately $85,000. In March of this year the City and the Department of Transportation entered into an agreement which in essence provided that certain blacktopping of areas along the frontage roads and of certain slope areas on underpasses be deleted from the freeway construction contract for which the State received a credit of $89,000. In return, the State agreed to landscape the areas from which the blacktop was removed and the City agreed to maintain the areas once they were landscaped. That agreement also provided "the obligations of the parties under this agreement are contingent upon the budgeting of the necessary funds for the project by the State". As of today, the State Department of Transportation does not even propose to budget the savings on the freeway construction costs for landscaping :the freeway. But that is only half of the story. Last Wednesday the State Highway Com- mission allocated $552,000 of 1975-76 State highway funds to RTD for Rapid Transit guideway system preliminary planning and engineer- ing. The allocation was made pursuant to the authority granted to the Commission by Proposition 5 approved at,the election held in June of 1974. The allocation made to RTD is required to be taken from those gas tax funds that are availableato the Department for expenditure within Los Angeles County. (The estimate of funds available to the Department for expenditure in Los Angeles County this fiscal year is 1630,000,000 plus an additional $4,500,000 for critical maintenance type projects.) B,y its action on last Wednesday, it seems to me that the Comission has made it impossible for the Department to meet its contract obligations to the City of West Covina during this fiscal year. It is a well -established principle of law that the Department is bound by the terms of its contracts. . If the Department.were a private company, it would not avoid its obligation by voluntarily spending its money for something else and then asserting it has no money to fulfill its contract. The same legal principle should be applicable to the Department. The City has proceeded in good faith and will be stuck with the consequences of the Department's failure to complete its contract obligations this fiscal year. There are five underpasses in the City. When the rains come and dirt washes - 21 - P CITY COUNCIL Page Twenty-two CITY ATTORNEY - Cont'd. 8/25/75 • LJ 0 down excavated slopes into the pumps, the resultant flooding will en- danger the citizens of the City and repairs will have to be made at the expense of the City. We are witnessing a classic example of losing the landscaping because the Department can't find the small amount of money required to provide the matching funds for Federal participation in the project. In my opinion, the City Council should give serious consideration to authorizing the City Attorney to file suit -to enjoin the State Highway Commission from diverting. money from the State Highway Fund for rapid transit purposes until its contract obligations to the City of West Covina are met. If such action is to be taken, it should be taken promptly, The Southern California Associat*on of Governments is scheduled to consider the 1975-76.work program for the Southern California Region of the Department of Transportation on September 17th. It is anticipated that the Highway Commission will adopt the 1975-7.6 highways budget at its meeting in October. A r-solution of this matter is essential before the bud -get is finally adopted. ('lotion by Councilman Tice that the City Council proceed as recommended by the City Attorney; seconded 'by Mayor Chappell...., Mayor Chappell: As the City Attorney pointed out we have certainly gone the last mile in attempting to resolve this problem. We have had meetings with Cal -Trans and Assemblyman Lancaster . As you recall we sent the City Manager to meet with A'ssembiyman Lancaster two weeks ago tomorrow. I think we have shown good faith throughout the negotiations and if this is the way it' has to be' then I am in favor of supporting the motion. Motion carried on roll call vote as AYES: Miller, NOES: None ABSENT: None ABSTAIN: Shearer AIR POLLUTION CONTROL DISTRICT REGULATIONS (Staff Report) necessary to execute the Councilman Tice: follows: Browne, Tice, Chappell Mr. Wakefield: Mr. Mayor, the motion would be to receive and file staff report and authorize the City. Manager to proceed to take those steps emergency plan should the occasion arise. happens if the employees are Mr. Mayor, a couple of questions. It is stated in Stage 3 there will be a work holiday declared. Now what at work - do we declare a work holiday? Mr. Aiassa: By doing so we would be creating a problem because those people at work would be going home because of the smog and would thereby create further pollution. So they will be kept at work. (Councilman Tice questioned how notification 24 hours in advance,would be handled if employees were t.c.stay at home?) The only possible way we could do it would 6e through Communication Center and only as Past as the City could d4 so with the employees on hand.' Councilman Tice: Mr. Mayor, as I said before, to declare a work holiday is not going to;,u 1p the situation - people do not stay,` home. - 22 CITY COUNCIL Page Twenty-three CITY _ATTORNEY - Cont'd. 8/25/75 They will be out shopping, etc. I object to another work holiday. It costs the tax[..)ayere, and I don't think it will help the situation at all. I will not go along with the plan as proposed. Councilman Miller: Mr. Mayor, I too have a reservation - • Item 2-c, where it mentions all part- time employees will not be scheduled for work. I know the report came back to us the majority were in Recreation and Park and if Stage 2 were implemented they would be the first ones not to be called to work, but I still have some reservations unless staff can convince me that all part-time employees are in Recreation and Park, but there may be part-time employees in other departments. I would like this to be reworded so as to leave.it open so if the Department Head says I need that part-time employee and it happens to be a secretary and the Department Head needs the secretary that day and that is the regular secretary that should be an exception. Councilman Browne: I have to go along with the feelings of Councilman Tice. If we have employees at City Hall when a smog alert is called I .don't see any reason for sending them home and creating more smog, they can stay in the building and accomplish their duties and do away with the work holiday. I am not going along with the plan either. Councilman Shearer: A question of the City Attorney. What is the consequence to the City if we just don't have one? Mr. Wakefield: Mr. Mayor and members of Council, I frankly don't think anything is going to happen to us. The City Council is not the first public agencyin Southern California area to raise a voice in protest against the plan. The plan has been promulgated essentially to satisfy the requirements of the EPA and adopted by the APCD as a part of its emergency procedures, but failure to comply with thoseemergency procedures does not impose any actual penalty as such on the City. 'lotion by Councilman Shearer to table the matter; seconded by Councilman Miller; motion carried. THE MAYOR RECESSED THE COUNCIL MEETING AT 9:58 FOR THE PURPOSE OF, CONDUCTING THE REDEVELOPMENT AGENCY MEETING,. COUNCIL RECONVENED AT 10 P.M. CITY MANAGER'S AGENDA RESOLUTIONS RE 1975-76 TAX Mayor Chappell: Mr. Wakefield, RATE the tax rate we are establishing at this time is the maximum that we can set, we are bound by S890. Is that correct? (Mr. Wakefield answered: Yes) RESOLUTION The City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE BUDGET AND APPROVING THE APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 1975 AND END- ING JUNE 30, 1976. Motion by Councilman Shearer to waive full.reading of said resolution; seconded by Councilman,Miller and carried. Motion by Councilman Shearer to adopt said resolution; seconded by Councilman Miller. - 23 - l r 0 CITY COUNCIL Page Twenty-four CITY MANAGER AGENDA_ Councilman Shearer: And a question, Mr. Mayor. We have on our agenda item I-3 - I think we had better discuss this so we don't have a built in excuse saying we just adopted the budget. We have a letter from the All City Band, I assume it is the result of•the question I raised two weeks ago because of the somewhat vague statement in a letter regarding an increase in contributions by the City. The budget we have before us for approval includes $1500,. for the All City Band. Item I-3 is a letter requesting $2900 dated August 20, which is rather late in our deliberations but still,prior to the adoption of the budget. (i:y I r:.-J.l this item up now`? (Mayor yr .n;:.;c;rn fission) It is my feeling that this organiza- tion is a very worthy and very' worthwhile organization, on the other hand so are a. lot of other organizations, so are the demands of the Miscellaneous Employees, the Fire and Police and everyone else. I cannot see my way clear to -almost doubling the contribution to the All City Band in view of our other problems, some of which .Mr. Bahn outlined - the difficulty of buying hose, breathing appara- tus, etc. etc. However, if there is a feeling that it be raised I think it should be done now before we adopt the budget. (Councilman Browne agreed.) Councilman Miller: Mr. Mayor, if this was approved at the 51500 amount could we give their request consideration at some later .date after salary deliberations, etc., have been negotiated? Mayor Chappell: We could if there were sums available but we don't want to raise anybody's hopes. I think it would only be fair at this time tocall on Mrs. East and ask why the need of another 961400 from our City for the b:.nd. Mrs. E�.st We, of course, did not mean this in All City Band anyway.to seem like we were ungrateful (Summarized) for the amount allocated to the band, and we are very pleased to hear that you have included this amount in the budget you are funding this evening. However, the discussion had occurred at our meetings and as in the case of everyone's expenses the expenses for the band's participation in events has raised proportionately. All of our, supplies, music, uniform.cleaning, travel expenses, etc., have gone up considerably. We did quite a lot of soul searching as we pre- pared this letter that was requested of us. I am sorry for the late date of this letter, but this was just requested of us one week ago today and we did convene very quickly with our Board of Directors and did come up with a fair figure, we felt, to support these young people in their endeavors. (Went over expense figures and pointed out areas where they .will be increased; further pointed out if bus services in anyway were available this would be of great help. Also pointed out the advantages to the young people.of the community to be able to participate in the All City Band, it afforded them a . worthwhile occupation and this also benefits the community. Also listed the expenses of the particpants, those items they paid for in order to be a part of the band.) (Councilman Miller questioned the buses and was advised that School buses are not available to.the All City Band; Councilman Miller suggested that the travelling distance of the band should be kept to a minimum area thereby -cutting down some of the expenses; Mrs. East agreed that the young people had to keep this in mind when 24 - r Y n LJ ri U • CITY COLINCIL CITY MANAGER - Resolutions Page Twenty-five 8/25/75 raising funds to cover 'travel expenses; explained how the funds were raised for trips in the past. Councilman Miller pointed out items of possible elimination and possible "participation by service nroups in donations, etc. Mrs. East explained what had been done this year along that line and that the response was not overwhelming.) Mayor Chc:ppell I think Council certainly agrees that the band is doing an excellent job. The only thing is there is a limita- tion as to what Lie can support. As you know, most of the youth organizations have no mometary contributions from the City at all, the City provides the facility per se - a park site which is used by other groups all year around. So in handing this money out to the band this is a sum that we do not hand out to anyone else. Probably the efforts you are making just have to be continued on to raise the money., We certainly have supported you in your efforts and will,continue to but where we can get more than $1500. I don't know. I think that is an adequate sum of money. Basically from the start of 0 to x�1500 isn't all that bad. We are in a bind. We have given our employees a smaller raise than any other community in the vicinity and if we did have money to give them more than perhaps we could give your request further consideration. We certainly appreciate your organization and know you are doing a very fine job in providing these opportunities for the youngsters in our community. Councilman Tice: some of the other 11r. Mayor, I think the band group is to be commended on their fund raising activities. They are excellent, I wish org^nizations would no that far. Cc_,uncilman Drowne: Mr. Mayor, I am not ready to approve even a prospect'ive budget at this time because I am not in agreement with the concept of this budget. I feel the budget is not fiscally proper in its concept. There have been many items budgeted in the past which have not been expended and I will cite one of last year's. We appropriated $18,000 to paint the..City Hall — this has not been accomplished; costs. are going up, what has happened to the money? During our budget hearings this year we repeatedly asked on specific items -how much money was expended up to the time of that budget session? One account had $1,000 and only $500 had been ex- pended, however this year we are appropriating another $1,000 for that same item, the s. n .mount we < E',pro :;riatc-(: iast ye,: r ..:;nd did not fully expend. So until such time as I can see an accounting of the budgeted items for 1974/75 and the individual expenditures because where we budget money it seems to be the object to spend every dime of it. Why can't the unexpended amounts be applied to the ensuing year's budget and firm up a formula of reduction of taxes rather than constantly increasing taxes or maintaining the same tax level? There are many items in the budget that were discussed and changes supposedly to be made - the firemen brought up one tonight. One of my prime concerns is the safety feature of our fire and police departments, items that they needed in their budget. I_asked if the Department Head, in this instance the Fire Chief, had made this request and the reply was that he had. OUT OF 533,350 requested we granted $5,142. The.evaluation of the fire hose is on a 7 to 10 year basis and I am sure the Fire Chief would not make this request if our fire hose was not in bad shape. We asked for a restudy to be made and - that it go back to the Fire Department, it came back to us with a modification, an extra allowance of some $500•, which isn't even being reflected in this final approval of the budget. - 25 - 0 CITY COUNCIL Page Twenty-six CITY MANAGER AGENDA - Cont'd. 8/25/75 We brought out many items that we felt could be cut back on in the way of League meetings and things of that type.. I am willing to forego the $200 allowance I have which is just a pittance in comparison, but that is still in the budget. I know one • other Councilman wanted his allowance deleted and that would have been $400, right there. I see $1,000 in dinners allocated for Council meetings - I have not drawn one dime the year and a half -I have been on Council. I think we are going out into.the frill area rather than cutting back. I think we are going overboard in many of the commitments we have and that we should get back -into the practicalities. If it necessitates a tax increase to create the safety factors needed in our fire department and police department then I am willing to enact that, but not until I see the expendi- tures of the previous year's budget based on the budgeted allocations of the items, will I vote for the budget this year. Councilman Tice: During our budget sessions we made certain recommendations which were subsequently turned down, one being to make a modest reduction in our allowances for memberships and meetings. I felt we could do it without any major harm. I am not a great supporter of some of these seminars and meetings having gone to a number of them in my employ- ment, I don't think much can be gained by attending some of these things. I am also concerned about the fire hoses and other safety items. I know we had a report but I never did get the clarity of that report. I feel we should have budgeted more for fire hoses,, I am truly concerned about the safety factors of the hoses. I did notice in the budget furnished here in • comparing with the preliminary there were a number of things I couldn't find answers for. I noticed additional personnel thrown into the final budget that we did not discuss at our budget sessions. I have a number of areas of question such as in street repairs, street maintenance, traffic engineering, city yards, parks and recreation and I noticed additional people in the recommended area of the City Manager's recommendation where the original budget did not have those additional people in. Some areas remained the same as in the original recommendation by the City Manager yet others changed. I am not happy with these changes. I had no. - explanation and no way to find out, unless I ask - why these in- creases in personnel in certain areas? So I have to go along with Councilman Browne, that it is human nature once you set a budget: -- you have a tendency to spend up to that budget whether it is in government or private business - you come pretty close to spending the budget allocated. I will not go along with approving the budget this evening. Mayor Chappell:, Mr. Aiassa, will you set up a date to have:ia budget meeting with Council and your staff preferably Wednesday night since we are going to have a meeting at 4:30 P.M. anyway. (Council agreed to attend a 4:30 P.M. meeting, go home for dinner and return at 7 P.M.) • Motion on adoption of the budget resolution failed on roll call vote as follows: AYES: None NOES: Shearer (I was unaware of these apparent conflicts, I apparently did not compare the two as closely -as. Councilman Tice. On the basis of what he has said only and not because I disagree with some of the other items but only because of the alleged discrepancies I will vote "no".) - 26 - • 0 CITY COUNCIL CITY MANAGER AGENDA - Cont'd. Pa e Twenty-seven 8/g25/75 NOES: Miller (I will vote "no" on the basis of what I.have heard. - I originally basically was for the budget.) Browne Tice Chappell ABSENT: None Motion by Councilman Tice to schedule a budget session at 7 P.M. on Wednesday, August 27, 1975, in the City Manager's conference room; seconded by Councilman Browne and carried. Mr. Wakefield: Mr. Mayor, I think it would be appro- priate to continue to your budget meeting the adoption of the resolutions fixing the amounts of money necessary to be raised by taxation because this necessarily depends upon what you do in the final budget and also the tax rate resolutions. Mayor Chappell: The chair will hold over all resolu— tions pertaining to the tax rates, and the budget. Councilman Shearer: Mr. Mayor, if I may, I would like to comment for the benefit of the gentleman that spoke during oral com- munications about increasing the tax rate for Woodside Village and holding that over until after the study session sometime in mid - September - that is impossible because by law the tax rate must be set by the last day of August. If we do not set a tax rate before that date then we do not have any taxes and therefore no money and no maintenance of any type. The proposal was to set the same tax rate at 75o as set previously, the maximum increase possible if the Council so chooses is 3.90 based on the limitations. So it would be legally impossible for us to comply with the request of the gentleman, it will have to be done before the end of August. Mayor Chappell: Yes and the maximum could be 78. something. ICMA CONFERENCE Motion by Councilman Shearer to SEATTLE, WASHINGTON approve City Manager attending the SEPTEMBER 29, 1975 ICMA Conference in Seattle, Washington on September 29, 1975, at his expense; seconded by Councilman Tice and carried. Mr. Aiassa: INFORMATIONAL REPORTS a) Community Development Progress Report b) B.K.K. Progress Report Attorney 0.K.K, 1.2'; Lirldi,n Avenue Li:;nn Rcr 1-.1c:h (Summarized) Mr. Mayor, I would like the record to show that the City Manager asked for no expenses. Motion by Councilman Shearer to receive and file; seconded by Councilman Miller and carried. (The Mayor asked Mr. Hart to present. the progress report) The purpose of my appearance here tonight is to appeal a fine of $4500 which has been levied against B.K.K. for alleged violations of the un- - 27 - CITY COUNCIL Page Twenty-eight CITY MANAGER AGENDA - Cont'd. 8/25/75 classified use permit #71, Rev. 5. I am sure you are all familiar with this but I would like to review it with you, We received a letter August 18, 1975, setting forth the violations on the assessments covering certain dates. There was a 1$1,000 for a violation on August 12; $1500 on August 1-3 and S2,000 on August 14th. Our main purpose in being here tonight is to protest and ask that this assessment of the fine of $4500 be waived. I feel in asking this that it is necessary to review what has been heard by some of you many times but there are new members here. I hope to convince you that the imposition of a fine upon us for these offenses was not warranted and bring you u.ptodate on the progress being made. (In summary) When we came into the picture one of the main problems was of the 583 gross acres we were allowed to use just a little over a 100 acres. The 100 acres we were getting uo near the top of the. hill in our depositing of landfill and as we got near the top of the hill we had less cover and the odors could float away and cause trouble. At that time, a year and one month ago this month, I stated we had an application before State bodies for approval to get off the hill and down into the low country and use to a fuller extent the 583 acres. We were assured at that time that by October 1974 those permits would be granted. We found that getting approval from the State entailed far greater time, money and pape-T- work than anticipated. In making this application to the State they. • went into a more thorough investigation of what it was going to be and when we told them of what it was going to be used for by the City eventually - a proposed regional park, golf course, etc., that started them off on other tangents of investigation. Just this last week did I receive approval to go ahead and use the entire 583 acres. The conditions require us to spend $200,000 for what is in effect a dam which dams off this area from any other adjoining area. When we first got into the picture this was not. mentioned, it was not budgeted and a condition we never heard of. This alone has placed a burden upon us that has necessitated the borrowing of $200,000. The entire expenditure since the time I was first over here has been almost one half million dollars. B.K.K. is a private company having high hopes of making a profit in sanitary landfill. I stated this to you before and I think you all know that this landfill is far more significant than I am sure most of the residents realize. This landfill is the major one allowed_:. to accept liquid wastes which is the salvation of the entire Southern California/Los Angeles area. The industries that would be stopped by the shutting down of this landfill is unbelievable. At the present time we have been and are still running at a $30,000 deficit per month. One of the main reasons, just a year ago an additional tax was placed on liquid wastes. So we found a great reduction in liquid wastes that was brought to us. (Explained evidently the materials are being dumped illegally someplace) We now have a contract with the engineering firm, we have a contract with Helburn who are coming in to put a jell wall down that hardens. We now see the end which we feel is within 35 to 45 days. I hate to see an imposition of a -fine at.a time when we are so near the completion of what we started out to do in West Covina. The fine will not cure the problem. The fine - 28 - t7 n LJ CITY COUNCIL Page Twenty-nine CITY MANAGER AGENDA - Cont'd. 8/25/75 would get our attention if that were one thing you were having d problem with. I don't think it is, there is not one member of your staff or the City Manager or the Council when problems have arisen have not been able to get to my office or some of my associates or partners and have them out here as soon as possible, that doesn't mean we have always been able to solve the problems but a fine on top of our other problems I feel also is not the way to solve the problem. The fine money if not spend here I assure you will go into trying to solving the problems so that we will have this land fill operating within 45 days in accordance with the provisions of the unclassified use permit. I realize how the people th_:t ;hone the Councilmen feel about this but the very notice given by this City threw some doubt as to just what did cause this.. I have talked to some of the Councilmen personally and I have not heard one of them cry wolf to me at anytime but we do have a situation here where the various regulator bodies outside of the City were unable to say what caused this. Under the interpretation that this fine is a quasi criminal type of thing I am going to ask that we: be given the benefit of the doubt this time. We are still here.. We are still spending our money as fast as we can to accomplish whet the experts say will solve this problem. (Stated further reasons and explained for the City not levying the fine.) If you don't see that you can do this, which I sincerely request that you do waive the fine then I ask that you. put the request for the hearing on this matter over until we complete the job we have to do. There is work every day going o'n there. $200,000 will be spent in 90 days out there. At least until that approach we haven't squared off and got into a fight. This is the first time I have asked this type of thing of you but, I don't want a fine where legal steps have to be taken down the line to ascertain whether they are going to be levied or not. I will be glad to answer any questions. Councilman Browne: Mr. Mayor, a couple of questions of Mr. Hart. I believe it was about a month ago we had a meeting relative to the operating conditions levied under the unclassified use permit. You stated you were going to start implementing those conditions that were not being adhered to and on page 2 of the staff letter it is indicated the monitoring of the loads has not been implemented. What steps -have you taken in this direction? Mr. Hart: After the meeting I had in the City Manager's. office about a month ago that Was delivered to them and I haven't been out on the job person- ally, I felt they were all being done. There are two or three things that we haven't done and that was purely because of financial reasons; Our position on some of these things has been just a matter of cash flow that does not enable us to do everything we are supposed to do. We thought it more important that money be spent for getting this dam so we can get down off the hill because everyone agrees that getting down off the tope of the hill is the most important thing as far as future problems. I can get a state- ment on that. I don't know all the specifics you asked but that was delivered immediately, with a statement that if I was to continue coming out here those implementations must be finished. Councilman Browne: There was also another. What reply do you have in regard to the violation..... 29 - � r � CITY COUNCIL Page Thirty CITY MANAGER AGENDA-- Cont'd. 8/25/75 Mr. Hart: I went out and talked to the men and we do not feel that it is a technical violation. The hauier's report use the language of "buried" which we do not do. What we do is dump it and roll over it, in no •case was there a burial situation. I was told personally that on -none of these days that the violations were cited was there any burial and that came up only by the hauler's report and there is no proof of that from anyone, it came up from the waste hauler's report. They put down "bury" which we do not do at anytime. (Explained in further detail) There are two things here, the fine is levied technically not because somebody smelt an odor but because we violated the way we operated. Councilman Browne: Have you taken steps with your management to correct the methods of incoming material?' (fir. Hart: We certainly have. I have also interviewed a chemist who I am attempting to hire so we will have more expertise in our management. We have been told we lacked expertise in our management, but we cannot do that for at least another 30 days because of the cash flow situation. Councilman Browne: How do you feel about Items 1, 2 and 3 on page 2 of the letter? Mr,. Hart: I understand there was one complaint of trucks coming in at hours other than allowed.- • I took that back to our people; they stated the chain is put across and they couldn't get through. I said if we had an affidavit that somebody saw someone at 8 P.I. on Sunday night then we would have to say that somebody had a key or broke the lock or there was a back way to get in. So we have implemented that already by having a double chain locked situation. Having a full time inspector there and the cost of that we cannot afford at this time. The type of inspector you would have there, well I would rather spend the money on a part-time chemist who could perhaps tell us before something happened.. I am going to try and have the chemist there everytime we are accepting chemical loads that management does not know what the variations are. (Explained again thatosome ofthis will be eliminated when they get down off the hill.) Councilman Browne: I think we are all in agreement that once you get down in the lower levels hopefully the problems will be eliminated but we still have to.live with the present problems. I feel there is a lack of understanding or agreement between you.and the staff in relation to the adherence to the conditions of the unclassified use permit which you are operating under. Some of these things that staff is recommending is only to bring you into adherence with the UUP. 40 Mr. Hart: Number 1 and 2. I am not complaining about any, part of those. The hiring of a full time inspector out there I just have to not.agree with because of the financial end of it and I don't know that it would add that much. You know I have appeared before you many times and I hate to have to ask for leniency but I have to because I feel.we have done everything we could possibly do to get where we are and to call it off now, even though I have told them to take as - 30 - • • CITY COUNCIL CITY MANAGER AGENDA - Cont'd. Page Thirty-one 8/25/75 few loads as they can of any questionable material during the next 30 to 45 days, so we don't have to be out here trying to explain this again, and it sure would be impossible financially for us right now. Councilman Browne: Are you having a problem in getting a ratio of solids to mix with the liquids? (Answered: No problem) Mr. Hart: I think there is one overall thing here which I know you all know about - there is no land- fill in the whole United States with the high rigid standards of this one. No one could have told any of us what it was going to cost. We are going to have the model landfill. I met this week with William Sanjour, the Chief Technical Branch Waste Division Office of Solid Waste Management of the U.S. Govern- ment and the EPA., -I talked with him and he says that we have out here (he -came out to see it) the finest landfill accepting both solids and liquid wastes in the entire United States. So we are not quite as bad as we look. I want you to know that no stone has been left unturned even though we haven't done everything you request. Councilman Browne: I read the staff report in this manner, and correct me if I am wrong, the staff report indicates that neither APC or Waste Management could confirm whether the odors came from your operation. If there is a misunderstanding here in the definition of "buried" I would recommend that we get this clarified because this is what the fines are based on, the violation of/the UUP and not on the odors. Mr. Hart: One of the reports given to me by staff indicates the wind wasn't blowing in the right direction for the odors to be coming from our place. I think we have all agreed that if any odor problems arise in West Covina that B.K.K. is going to get the blame - maybe rightly so and maybe not. If we fall off the wagon in the next 30.days I realize I would have a hard time coming back here and' asking for leniency again. But I will tell you that my office and what control we have over the technical part of it out there are not going to be back here if I can possibly help it. But I feel that this time we are entitled to that reasonable doubt. Councilman Shearer: You mentioned 30 days, Mr. Hart. Do you feel in 30 days you will have the problem licked? Mr. Hart: I have been told within 30 to 35 days. Councilman Shearer: Or how about 60 days? Mr. Hart: I have been told 30 to 35 days - I am sure within 60 days. Councilman Shearer: Mr. Wakefield, if no further violations occur within a certain period of time can the fines be returned? Is that legal? Mr. Wakefield: Yes, that is one possibility. Or the pay- ment of the fine could be suspended for 30 days and if there are -no additional viola- tions occuring within that time then the paying of the fine could be -excused. Either way. - 31 - CITY COUNCIL Page 'Thirty-two CITY F iANIIGER AGENDA- Cont' d.. 0/2.5/75 Council.m,..cn Shearer: I am going to propose that in a moment, Mr. Mayor. I would like to make a few comments. I really don't • th i.nlc UIC .i_,'35UP before us this evening is the financial problems of lf.K:K. even thouf1h they ::re very real, and I don't think the problem bc:for;-,. u:, is in the odors but rather the; alleged violation of Section 22-d of the UUP. When you get down through all the words, etc., :it is not the user, those who dump their stuff in West Covina .and it surely is not the owners and the operators or their employees that have to PUP up with the violations, but it is the citizens of Uest Cuv:iria. In fact I recognize ,my wi.fe's name down here as calling in a complaint - so it would not brhoove me to question the fact that there was in odor on August 12th and quite widespread if you loot: at theaddresses. Mr. Fh rt made the statement a fine will not cure, which is true, but he also went on to say that it would get the attention and I think it is about time we get the attention. We have been talking and talking and smelling for well over 2 years. I am not questioning the credibility of Mr. Hart, I have confidence in him, however his office is in Beverly Hills and he is not out on the site and he has that problem were sometimes his advice to his clients may not be adhered to. I personally Feel that somebody took a chance, violated and got caught. I think it is the same situation if I take a chance and park for .J hours in fl 2 hour parking zone maybe I won't get caught so I am okay but maybe I will and then to plead for mercy after I get caught doesn't carry much weight with me. I would like to propose, Mr. Mayor, • that we impose the fine and that it be returned in 60 days if there are: no additional violations of Section 22-d of the unclassi- fied use permit. Mayor Chpr:iell: Before it is seconded may I speak to that? Perhaps we could possibly not have a cash transaction but hold it in abeyance. Councilman Shearer: I would .like to see the cash in our hands, I think that will get their attention more than anything else. flayor Chappell: We have a motion is there a second? Motion dies for lack of a second. Can we have a motion that we hold the fine in abeyance for 60 days and if all goes well we can rescind it and if not lavy the fine? So moved by Councilman Tice, seconded by Councilman Browne. Councilman Shearer: Mr. F;ayur, on LIB. : c.e­ ti-ia L _;jiE1l;, .� tiicre is c subsequent violation that the fine for the alleged violations ison August 12th and 14th in addition to whatever fine might come along .n the future will be imposed? (Mayor Chappell: Is that the intent of your motion Councilman Tice? Both Councilman Tice and Browne agreed. Councilman She;.irer: So if there is an additional violation - 32 - Y � � CITY COUNCIL CITY FiANAGER.AGENDA — Cont'd._ Page Thirty—three 0/25/75 the fine-:: would be 554500 plus whatever the additional fine would bc:. (Council agrc;ed) • Mr. Hart: May I comment, Mr. Mayor? I would like to raise this point because this is what I hoped we wouldn't approach. There is no evidence before this body or the City of a violation. If this is made I have to take it to court. Now we get where I didn't want to get intothe realm of legal business of the evidence. I have a letter written to me by the City Manager "while the results of our investigation did not conclusively determine the source of the odors was the land— fill we did Find in tile.; waste hauler's report that three liquid waste lords were received at the site and buried." Now I want you to think about this. If that is the only evidence I would suggest before we have to get this to court I would like to have this con— tinued so I can bring in the people and have them testify. I have been told personally that they buried nothing on those days. Now if that is the only evidence I can't let a fine stay against us. That is why I am trying to put this into some type of a moratorium and have a heari.ng on it at which time we would have complete evidence produced, but this Council like a court, has to have evidence. I haven't heard the evidence from the City of the wrong done. The only evidence is by the City's own letter to us. Then we have letters from three different regulators who went out there and didn't notice anything. Now I think maybe you should ask your own City Attorney.how that would stand up under legal action. Mr. Wakefield: Mr. Mayor and members of Council, I have to agree • that the fines were imposed not because there' were odors that emanated from the waste disposal site but because of the technical violation of the Condition which forbids the burying of any liquid waste. Whether it was buried or not, I think as fir. Hart has indicated, is a questionable fact and that matter should be ascertained. My understanding of the situation and I have to admit it is all secondhand, is that the liquids referred to were dumped out on the ground and covered up. Now is that not the rase, Mr. Hart? Mr. Hart: That is the case as far as my findings have been and the city people have been out there far more than I have and there is no finding that it was buried. I don't think you can make a finding of a wrong doing just because you can't find the evidence. You have to have a positive evidence that we did something wrong in order to assess a fine. Mr. Wakefield: fly understanding is that on the days in question the wastes referred to were not disposed of in the established waste disposal hills, that the wastes were dumped out on the ground and covered and as staff has construed the condition that amounts to a burying of the liquid waste. What the condition prohibits is the burying of the materials and covering over. It is my understanding from the reports I have seen that that is what • happened on the days in question. Mr. Hart: I talked with the man in charge out there and he said there were no holes dug. The only evidence is what the haulers put in their report and we are not bound by the haulers. That is the word they use. We don't bury anything. They use thatterminology which has certainly been changed. The hauler fills that out and he is not familiar with our conditions here. It was handled this day like every other day and there were no problems. The violation is the — 33 — • E 0 CITY COUNCIL CITY f'iiINAGER' S AGEiNi;', - Cont I d. Page Thirty—four 3/25/75 diggin into wastes already there, make a hole into, which allows the smell to go around the countryside. We did not do that. Councilman Miller: Mr. Mayor, I hear the terms "covered" over "buried", and at one point I get the impression it was location. Are they in violation of the location where they put the material? Fir. Miller: Condition 22—d states that: liquid wastes deposited in a Class I site shall he spread and mixed with soil ancil ro;fuse tin(; in no event shell pounding be permitted, or shall. exi.sting coverr:,cl Landfill be exposed from the disposal of liquids." O:::si`cally our L(=inology — and granted it may be a matter of sematics, the terminology "buried" meant to us the digging up of the landfill, depositing a liquid and covering. There re certiin liquids transported into the site such as 35 100 gall -on barrels of a toxic inflammable and explosive material on the 12th of Auqust. The only way that material could be buried would be to excavate, put the barrels in and cover. There would be no way of putting it into a site or an area that would have a caterpillar or tractor equipment traversing the very ground that You put that explosive material into. I understand from Fir. out that those 35 barrels have not been buried but are stored on the site. The terminology "buried" is the crux of the situation. On the hauler's report there are areas to be checked as to the method of disposal of a liquid. One is to be put into a landfill, the second is to pond, the third is an injection well, fourth is to spread and fifth is other. The violations listed hero* indicatc "other" meaning "buried". And they are not just one waste hauler handling the situation, there are a number of differ— ent waste haulers. So if the terminology is that widespread it should be corrected, but as far as staff was concerned there were enough of these materials being berried and not in virgin soil that would mean he would not be disturbing already deposited refuse. (Explained further) Councilman Browne: There are reports here indicating that the method of this depositing is landfill. Mr. Rill.er: The ones indicating landfill we have had no problems with, the ones indicating "buried" indicated to us they were in fact buried and not put into the back area where they are collecting solid waste and mixing in with on a continuous basis. Mr. Hart: Mr. flayor. It is pretty late tonight but I would like to bring the man in ancI Have him testify under oath. At firs,- it !:I: _ll't l i. l iLcJl; L..%1 .. ijuriou, tii. „ .1.. :. . L �i i'I ci i. O U G lil;j'.c npt buried. We personally found they are still out there. All of it wt:s spread. None of it was buried as the i;er[Ti is used i.n violation of the use permit. Now I don't want you to Lflk: my word for it, because I wasn't there that day,. but I do think a f:i.nr_ of �r.5fJ0 is of enough moment iL warrants bringing in this clan ,.ind hiving him testify under oath just how he did this. I just feel this u451_10 is to get our :_attention and getting our attention is not the problem. We have had problems but they have been with governmental bodies to proceed and get down off that hill. I don't want to find myself in controversy with the City Council or City Staff, I hr.ive to live out here for 20 years in what we are proposing to do. I (Don't see the evidence before you to allow that fine to be imposed as a violation. Again I ask that you allow a moratorium on this unt:il we c_rn get this completed or allow us to bring in this person at your next meeting. — 34 r ! r 0 • CITY CC1LIf1f:Il_. Page Thirty—five CITY MANAI]ER"; AGENDA — C'ont'd. 0/25/75 Councilmen Shearer: Mr. Mayor, if this person that comes in to testify can give us any guess — if he' could give me a good answer to me to give to about 25 ladies that live in West Covina where I have to live 24 hours a day hopefully for the next 25 to .30 years, why on" the morning of August Oth the place "stunk". When you get right down to it when all is said and done and all the legalities go down the drain the big question is periodically we sit here hassling over the smell and it still stinks. Maybe we don't get your attention so maybe we should close the whole thing down. Sure the economic impact on Southern California is great but Southern California doesn't have to smell this stuff. I personally have not smelled it but my wife did and many others have. I am kind of tired sitting and listening to all types of excuses. So when all is said and done we still have a stinking smell that erupts every once in a while in the City. I don't know what to tell these people other than well we were nice guys again to B.K.K. I would appre— ciate a good answer that would placate these people that say we didn't create the smell. Circumstantial evidence indicates to me there is only one place in West Covina that can generate the smell that can cover literally several square miles. Sure at 10:30 in the morning the man from APC couldn't smell it, these calls came in before that. Probably by that time the odor dissipated. The fact he couldn't smell it was because he got there too -late. I think we ought to levy the fine. Mr. Hart: If I may answer. We got down to what I hoped it wouldn't get down to talking about smell on that day or no smell on that day. If we were in court before any type of hearing body and it gets -down to did we violate the UUP and the fact of smell is not an radmissable item in that hearing — now I don't want to argue with Council in anyway — I know he is right and that is the problem that is facing me but the fines cannot be levied on smell. Three or four regulatory bodies went out there and there was no smell.. All I can do is get them out there as fast as I can. But.I have to tonight stick to the point, which I believe Hr. Wakefield .agreed with, which is did we bury it in violation of the use permit and I don't hear any evidence and the evidence of smell is not proof of that. I realize we have to tell people something — — but if we put it over, well I ask for this one chance. Councilman Shearer: The motion we have before us will do exactly what Mr. Hart said he wished we could do. If we can show the People some concrete action by this'Council and also recognize if the problem is licked within 60 days there will be no actual financial burden on B.K.K., that is the motion. Impose the fine but not collect. It is like a suspended sentence with a condition. To me that is the answer. I can say to these people — yes, we have imposed a fine but not collecting it if there are no further violations. And you are not willing to accept that? Mr. Hart: If that is your choice I would have to ask for written findings that we • violated and the fine was imposed subject to your findings and I just don't think there is evidence here for your findings. Councilman Browne: Of course if there is. a reoccurrence we will. probably be going through the same th nq nnain with your dwmanding .ub tb Pfbvrj Mr. Hart: If we can't regulate this that will — 35 — riTY COHNE11. Page Thirty—six CITY 1`1ANAG[R"' AGENDA — Cont'd. 0/25/75 :a.Lw:.ays be the case. Anytime thr re is afine made it has to have evidence provinn it. Councilman Browne What we are doing here is we have • already had a motion L.-nd a second to.hold the fine in abeyance for ' 0 .rncl i_f thcsre is ra reoccurrence we will institute this plus a Fine on the new violation. Mr. Hart has that much time to correct clef r3.tuation and there is no reoccurrence then there is no fine. Councilmc-an Tice: A question of Mr. Hart. B.K.K. may be a little over optimistic assuming that by putting in the dam the odors Ili iI — S ! it%::V0 S'C:iliiiLi ;tJSLa1C`_UI'I LJilefl Sc:):iL 111ng is dumped no matter ,.it what level the odor is still going to come up over those hills. Councilman Browne: Proper operating procedures seem to be the answer to this and they will be able to prove this within 60 days. Councilm;.-in Tice: I notice that some of these people who have dumped waste here come from the beach areas such as fish purveyors — why :isn't thut'dumped clown there instead of coming up here? Is there restriction placed on them down there? Mr. F-kart: I think the fish thing you are referring • to happened a year ago. (Tice pointed out thattwo were listed in the recent listi.nd.) I really don't have an answer. -A Class I dump has the s,.ame rights whether it is a matter of operation — the county has di_ffercnt rules. I will get the answer for you I really don't ?:now i.t now. CcaunciIman TIJ.11er: At this point, just as a thought, hopefully this does not go down the road to legalities which is a two way street, but if it does on the second page here it states "City _,tiff has found t`aat monitering the loads has not been implemented" _.and then wo come to the point that cost or no cost they will hr:ve to :abide by the UUP and moniter it if this is the route they wish to go and stay open. (Councilmen Shearer asked when the existing extension expires? Mr. Ai,.issa said October 1, 1975; Shearer asked the City Attorney if the City has any obligation to extend that beyond October 1?) Mr. Wakefield: No sir. We have no legal obligation to extend it. One of the things the City Council needs to do either tonight or at your next meeting .is to fix a time for a public hearing with rcferencu to the extension of the UUP. • i'I":Iyor Cla,:aprael]_: Mr. Hart, I read a letter from the inspection group on the dam and I read .it that you can't use it until they coma out and do some more checking and investigating and then it m,:ay be another two or three months before they give you per— mission to use it. Mr. Hart: That is correct as far as liquids are concerned. We can start using the solid wastes. — 36 — :ITY COUNCIL Page Thirty—seven CITY HANAGE;R'S AGENDA — .Cont'd.3/2.5/75 111oyor Ch�ippell: But Class I is basically the stuff we are concerned with and they are not going to let you use that until they make all their inspections. • f•r. Heart: We are spending l$200,000 on their request. and I hate to feel we are spending that just to have them come out and say we are putting that much concrete and gel into the ground just for the fun of it — but I am not saying it isn't possible. Motion carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None flotion by Councilman Tice to receive .and file the B.K.K. progress report; seconded by Councilman Browne and carried. c) Ridge Riders' Motion by Councilman Tice to receive Report and Pile report; seconded by Council— man Browne and carried. ENUICON CORPORATION flotion by Councilman Shearer to approve STATEfIENT statement of Envicom Corporation for 1u145. for seismic safety/public safety elemcn'L consult.:anL fee; seconded by Councilman Miller and carried an roll c,:a].l vote ��s follows • AYES: Shearer, Hiller, Browne, Tice, Chappell NOES: None ABSENT: None MAYOR'S REPORTS SCAG FALL GENERAL ASSEMBLY — 9/.17-18 requested staff to analyze were the most important . attend both days but would IfJDf::; i_PIUE_fJT CITIES OF LOS ANGELES COUNTY 15TH ANNU:IL SEMIfJAR — 9/12-14 suggested that Councilman meeting and then make his with regard to expenses. next meeting.) (Mayor Chappell asked if either Councilman Tice or Councilman Browne were planning on attending? Tice. the agendaand advise what days or times Both Browne and Tice said they could not attempt to cover tla�. ir:portanL events.) (Councilman Miller stated he was thinking of attending but would appreciate it if staff would give him some feedback re the important days to attend. Councilman Shearer Miller get an agenda by the next Council request as to what he decides he will need Council agreed to take care of it at their COUNCILMEN'S REPORTS/CO-M-MENTS • Councilmaan Miller: I would like to ask that staff consider sending a letter of congratulations to our baseball teams — even though they did not go all the way they did a great job in representing the r..i.ty. (Fl;.ayor Chappell asked that this be done.) Councilman Tice: Just a few comments with regard to the surface parking lot in the Plaza — I see quite a few obstacle courses being put in there in the way of landscaping. (Explained) I know that it has been approved and it is too late to change, but I am concerned for the safety of those using it. — 37 — CITY COUNCIL Page Thirty—eight COUNCILMEN'S REPORTS/COMMENTS 8/25/75 Mayor Chappell: At the time the Commission looked at it we thought it was a feasible plan and of course it is not yet completed. • Mr. Aiassa: The architect will meet with the Plaza merchants tomorrow or Wednesday and discuss with them the detail that CouncilmanTice has just outlined. Councilman.Browne: I have had several complaints from residents living in the Hollenbeck area easterly on Vine where the County has recently put in a drain, where they have developed some deep chuck holes — who is responsible for the filling in? Mr. Thomas: On Hallenbeck at the present time Acting City Engineer there is temporary paving over the trench pending the start of our project to reconstruct the street. We are responsible for the temporary paving. Vine Avenue I believe has the permanent paving in at the present time and if there is any problems there that is the con— tractors responsibility. Councilman Browne: There are some pretty bad chuck holes a block and a half to two blocks east. Mr. Thomas: It is possible that there is still some temporary paving there but that would • be the responsibility of the storm drain contractor to maintain. We will check on it. Mayor Chappell: That was pointed out at the last meeting — make sure we caught them before they got away and repaired all the streets that were damaged. So check into. APPROVE DEMANDS Motion by Councilman Browne to approve Demands totalling $888,613.88 as listed on Demand Sheets B679A, 608A, C10699 C1075; seconded by Councilman Tice and carried on roll call vote as follows: AYES: Shearer, Miller, Browne, Tice, Chappell NOES: None ABSENT: None ADJOURNMENT Meet and Confer Motion by Councilman Shearer to adjourn this meeting at 11:50 P.M. to Wednesday, August 27th, 1975 at 4:30 P.M. in the City Manager's confer— ence room for an executive session to discuss sessions; seconded by Councilman Browne and carried. APPROVED: • MAYOR ATTEST: CITY CLERK