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.
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•
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
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CITY COUNCIL Page Twenty-two
CITY ATTORNEY - Cont'd. 8/25/75
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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.
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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.
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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
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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.
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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".)
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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-
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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
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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 -
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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