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04-15-1968 - Regular Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA APRIL 1S, 1968. The adjourned regular meeting of the City Council was called to order by Mayor Krieger at 7:31 p.m., at the West. Covina City Hall. The Pledge of Allegiance was led by Councilman Nichols. ROLL CALL Present: Mayor'.Krieger, Councilmen Gillum, Nichols, Gleckman. Absent: Councilman Snyder Also Present: George Aiassa, City Manager Lela Preston, City Clerk H. R. Fast, Public Services Director George Zimmerman, Ass `t. City Engineer Leonard Eliot, Controller Robert Gingrich, Director Recreation & Parks • Mayor Krieger: Before going on with the first order of business, I think it would be appropriate to acknowledge the attendance this evening of the two councilmen elect - Mr.. Lloyd and Mr. Chappel. We are pleased to have them with us this evening and will be even more pleased to have them with us tomorrow night. APPROVAL OF MINUTES April 8, 1968 - Approved as corrected. Councilman Nichols: On page 1, middle of the page - the word "misspelt" is misspelled. Mayor Krieger: On Page 29, the name of the young lady is "Zully" spelled with a "Z" rather than a 11C11. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that the Council minutes of April 8, 1968 be approved as corrected. (ITEM 7 of the Agenda) ADMINISTRATIVE ACHIEVEMENT AWARD C Mayor Krieger: We are pleased to have with us this evening Mr. Bob Huntley the City Manager of the City of Westminister, who is here on behalf of the Municipal Achievement Award Selection Committee to make a presentation to the Council and to the City. - 1 - ADJ. C.C. 4- 15-68 Page Two ADMINISTRATIVE ACHIEVEMENT AWARD - Continued Robert Huntley Thank you, Mr. Mayor. I am very pleased to be here and City Manager I would like to introduce the American Society for Public City of Westminister Administration to those who are not familiar with it. It is a national association with the purpose of furthering • effective public administration in the United States. The Los Angeles Metropolitan Chapter was founded 40 years ago in 1928. Thirteen years ago the Los Angeles Metropolitan Chapter established an award known as the Outstanding Achievement Award and every year during those years has given one award to a City in Southern California that has demonstrated outstanding administrative organization together with active participation in municipal affairs. For the first time in the 13 years of this award, the Selection Committee found itself with several finalists who had done so well in preparing their submission that the difficulty of selecting only one city for recognition was too much for the Committee to deal with, so for the first time and presumably for the last time, a number of finalists were selected to receive a Certificate of Achievement. West Covina was selected for two reasons; for its overall outstanding administrative effectiveness, and specifically for the tremendous Blue Ribbon Citizens Committee activity. (Presented the Certificate of Achievement Award to the Mayor.) Mayor Krieger- I will accept this on behalf of the City - most proudly, and on behalf of the staff - most deservedly. Thank you Mr . Huntley. (Read certificate.) I am sure the Council would particularly like to note the work of Mr. Ray Windsor and Mr. Harry Peacock, in the preparation of the source material that was submitted in substantiation of our entry in this competition. . I did hear vicariously in the report back that this presentation was the best they had received in documentation in this competition and I know it lent great weight to the City in its award. SWIMMING POOL PROTECT Mayor. Krieger- We have the staff report of April 12, 1968. Is there anything you wish to add to the report before presenting the summary of bids received, Mr. Aiassa? Mr. Aiassa- No. Mr. William Davis is here representing Kistner, Wright & Wright, architects, and will be glad to answer any questions the Council may have, and he has investigated the bidders and wild give a brief resume of the procedures. William!-, Davis Eleven contractors called for plans for the purpose of Vice -President bidding this project. Nine submitted bids on April 10. The Ki.stner, Wright & Wright lowest bid was submitted by Maranlee, Inc. , in the 1125 W. 6th St. amount of $184, 000. The other bidders in order of the Los Angeles price are as follows. Maranlee, Inc. , $184, 000; R. B. Perry & Assoc. , $184'' 900; Nadar, Inc., $186, 700; Stanley E. Nelson, $189,450; Sealtight Construction Co. $189,873; Western Alta Construction $201, 495; Hann Construction Co. $209, 000; J. R. Shinkle $211, 400; Western U. S. Construction $238, 845. As you can see the lowest bid was $184,000 and the lowest 5 bids ranged between $184, 000 and $201, 495. We feel this is very good competing bids and that the price is proper for the project. The lowest bidder - Maranlee, Inc. , is new to our office, they have not worked for us before. We have checked out their experience and work and find they have a one million dollar bonding capacity. They presently work mostly in church work. (Gave a brief summary of work they completed and work under construction.) We feel they have good references and are well qualified to do the work. - 2 - ADJ. C.C. 4-15-68 Page Three SWIMMING POOL PROTECT - Continued Mayor Krieger: Mr. Aiassa - were the bids found to be valid bid proposals ? Mr,. Aiassa: Yes; Mr. Mayor. • Mayor Krieger-, The recommendation of the staff then is on Maranlee, Inc. , low lump sum bid ? Mr. Aiassa. Yes. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the Maranlee, Inc.., be authorized to receive the bid for the swimming pool with a low unit price bid of $184, 000.00; and that the Mayor and City Clerk be authorized to enter into and execute such, a contract: on behalf of the City. Motion carried on roll call vote as follows. A`!'. S° Councilmen Gillum, NOES. None ABSENT. Councilman Snyder NAMING OF SWIMMING POOL Nichols, Gleckman, Mayor Krieger Mayor Krieger. I would like to report briefly to the Council on some • inquiries I pursued in anticipation of this discussion. We had a recommendation from our Recreation and Park Commission that the name of the pool be Edgewood Municipal Pool. I sensed a certain amount of consternation on the Council in regards to this matter and in anticipation of the discussion I contacted individually each of the five members of the School Board, because I feel this is a joint venture legally and financially as well as spiritually. None of the five School Board members indicated any strong feeling for the name of Edgewood Municipal Pool. One stated that he felt it should have a West Covina identity in the name; the other four indicated they would check back with me before tonight's meeting and I in fact only talked to two of the four. One suggested consideration of the name Aqua West, and with my apologies to the ladies present, the other School Board member said he had no "pithy" idea, and I a ske:d him if he wanted a "pithy" pool and we disregarded that immediately. Council discussion is in order. Councilman Gleckman: I would like to suggest that the swimming pool be called the West Covina Municipal Pool since it is the only pool within the City of West Covina and it does need West Covina identification. Rather than looking for a fancy name that somebody is going to have to remember, I think we should make it short and identify it with our community. Councilman Gillum: It was proposed by the Blue Ribbon Committee that the City consider four pools and I am wondering if the City is able to or finds need for four pools if we start with this as West Covina Municipal. Pool, our future Council is going to have to start going in • another direction, as far as naming. The Blue Ribbon Committee did suggest four pools sometime in the future. I agree with what you are sayinE_Councilman Gleckman, as far as West Covina Municipal Pool, but are we setting some type of trend that the future councils will have to continue with in naming other pools? Councilman Gleckman: My only feeling is that right now we have only one pool and I don't see the third or fourth pool at any stage of the game within the next year or two, and I think it would take a .lot more explaining to the people identifying that pool with any other name other than West Covina. -3- ADJ. C.C. 4-15-68 Page Four NAMING OF SWIMMING POOL - Continued Councilman Nichols: I would favor some sort of an identity of a city name for the simple reason that it is difficult to give directions to people when the name of this pool may be identified with a group of pools in connection with swimming competitions or other .activities, and the name Edgewood is so widely used all over the valley that I think it would tend to just confuse people rather than identify the pool. The second reason, I would prefer to see it use a city identity is in fact because it is located on school property and the fact of its presence on that property creates the identification with the school and the fact that the school will be using the pool for 9 months of the year, and history may not thoroughly delineate who paid what and that it is in fact a community pool. Whether it is termed West Covina Community Pool or West Covina Community Pool No. 1, or Municipal Pool or Plunge, I don't have a strong feeling on, but it should have some identification with the words "West Covina. " Mayor Krieger-. I am not quite sure what we are- adding to it by expanding the name to "Municipal. " I think in time it is going to be known as the West Covina Pool by virtue of abbreviation and we might at least give some consideration to abbreviating it to begin with, and knock off the names that are going to fall by the wayside. I think "West Covina" is the significant part, in fact significant as far as the School Board is concerned too because they are the West Covina Unified School District. Councilman Gleckman: My only thought with the idea of Municipal, was because it is on West Covina school grounds and we have a West Covina High. School within the City limits and the West • Covina Pool might be identified with West Covina High School, since it is on school grounds. That is the only reason I brought up the Municipal part. r 1 U Councilman Nichols: I would certainly accept and gladly go along with the use of the words "West Covina City Pool"or "West Covina Municipal Pool. " May I direct a question to Mr. Gingrich? Do most cities call it "pool" or "plunge" ? Robert Gingrich Actually, I think you find a mixture about evenly spread Director of Recreation & Park between "pools" and "plunges" probably with "pools" a City of West Covina little more common than "plunges. " In the midwest I think you find '.'.plunges" used a little more than out here.. Motion by Councilman Gleckman, seconded by Councilman Gillum, that the naming of the swimming pool by this Council go on record as the West Covina Municipal Pool. Motion carried on roll call vote as follows: AYES-. Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES: None ABSENT: Councilman Snyder Mayor Krieger: The official name of the pool for this purpose and posterity will be the West Covina Municipal Pool. 1968 LEGISLATIVE PROGRAM a. CONSOLIDATION OF COURTS Mayor Krieger: This is a matter where the Los Angeles County Division League of California Cities by Resolution adopted February 1, 1968 went on record for the proposed consolidation. of Municipal and judicial Courts in Los Angeles County. They have asked - 4 - ADJ. C.C. 4-15-68 Page Five 1968 LEGISLATIVE PROGRAM - Continued us to take an official position in support of the Division's stand. I asked Mr. Remy in charge of the Los Angeles office to send to me the report that the League used in arriving at its determination and he sent me a survey report of the Municipal Court of Los Angeles County. I indicated to the Council last Monday night that I intended to •look into this matter and at least express my own point of view based on my experience and review of this report, I would also report to the Council that 2 years ago this matter was also considered and I spoke out quite vocally in opposition to the proposed consolidation. I find I have changed my own opinion on this matter. I don't believe the report supports any facts or data that would indicate a substantiation for the emotional overtones of the Resolution which speaks of loss of local control and cost of time by litigants and witnesses, etc. I have checked into the matter and I find that there may be a number of advantages particularly in this area to the proposed 9 Court Municipal Plan which would not involve any loss of local court facilities but would merely provide more administrative flexibi'lity'in'the use of judicial personnel. My recommendation to the Council is that we take no posit.ion.on this matter, neither in favor of the proposed consolidation or opposed to the proposed consolidation. So moved by Councilman Gleckman. Councilman Gillum- I would like to discuss.... . Councilman Gleckman. I will withdraw my motion. Councilman Gillum- You said, Mr. Mayor, two years ago you had a different point of view on it. May I ask what was your point of view at that time? Mayor Krieger: I was afraid what they were really attempting was a consolidated court plan similar to the Superior Courts where they would have one presiding judge in downtown Los Angeles for all Municipal Courts. My personal experience is that they have lost track in the Superior Court System to what in fact our local problems and judicial needs and their concentration is in the Los Angeles area predominately. This program that is now proposed is a 9 Court System and recognizes what in fact has been happening in this area for sometime and that is a degree of judicial cooperation between the El Monte, Pomona and Citrus Courts on the use of their judicial personnel. I think it would also be a step, as it is presently proposed, in the elemination of a certain amount of overhead between these three Courts and would be advantageous. Councilman Gillum: What would be the effect on our local courts? Mayor Krieger. There would be no effect as far as the physical facility is concerned. The real advantage of the consolidation would be for example, we find ouyselves quite frequently in this area in the need of additional judicial personnel without having the judges to handle the case load and in the consolidation they • would have interplay between the judges sitting in the El Monte Court and the judges sitting in the Pomona Court, and could just pick up a phone and say - we need a judge over here and get one. The system now is they informally call and -say "would you have a judge available" an,,d maybe they would and maybe they would not. There is a tremendous disparity in case load between various jurisdictions. We have a very heavily used court here. I think it would be an actual advantage to our area to have this type of program. -5- ADJ. C. C. 4-15-68 Page Six 1968 LEGISLATIVE PROGRAM - Continued Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council take no action regarding Resolution relating to the opposition of the proposed consolidatkn of the Municipal and Judicial Courts in Los Angeles County. • b. PRE-EMPTION AND HOME RULE SB425 r LJ Councilman Gleckman: I have read what is being proposed in SB 425 and I understand this bill has been opposed in the past. Not this particular bill but one similar to it. I have no objections and I think we should support any bill which does away with any type of pre- emption and allows home rule. I don't think SB 425 is the answer, but I think it is a step in the right direction. I would have no objection to supporting it. Mayor Krieger: Further discussion? It has received bi-partisan support. The trouble with AB 114 which came up a year ago, it had some bad loop holes in it and some problem areas as far as law enforcement. The District Attorneys and the Peace Officers Association came out in opposition to that bill but they are not in opposition to the SB bill which now attempts to clarify this situation. The Senator is asking us for information as to the problem pre-emption has created and our local jurisdiction is asking active sulp port through Resolutions. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council authorize a Resolution be put before this Council in support of SB425 being enacted. Mayor Krieger: It has been moved, seconded and passed that staff be directed to prepare a Resolution for preparation and adoption by this Council in support of Senate Bill 425 and so advise Senator Richardson and our other state legislators of this action. Councilman Nichols: Another request that the Senator has made is that local jurisdictions inform him of any instances where the problems of pre-emption has had some effect on law enforcement. Perhaps we might suggest to the City Manager that he direct the various Department Heads and particularly the Chief of Police, to report such instances for an administrative summary for forwarding to Mr. Richardson in answer to his letter. Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that the Council request the City Manager to do that. c„ STAFF SUMMARY OF PENDING BILLS Mayor Krieger: Mr. Aiassa - I think it is a fair statement to say that the categories of action by the staff and the City Attorney are either - support,. oppose, or do not oppose, which I assume would mean "take no position at all. " Is that correct? • Mr, Aiassa: Yes, that is correct. Mayor Krieger: Let's take them sheet by sheet then. Any discussion on the first page? (None.) Any discussion on Page 2 ? (.Councilman Gillum had a question regarding AB 202 but was in favor of staff ,recommendation.) ADJ. C.C. 4-15-68 Page Seven • • • c) STAFF SUMMARY OF PENDING BILLS - Continued Mayor Krieger: Further discussion on Page 2? (None.) Page 3? Motion by Councilman Nichols, seconded by Councilman Gillum, and carried, that Council go on record in opposing SB 443. Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that Council oppose AB 63. (Discussion on AB 741.) Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that Council oppose AB 741. Motion by Councilman Nichols, seconded by Councilman. Gillum, and carried, that Council oppose SB 468. Mayor Krieger: Page 5 - are there any questions ? Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council oppose AB 678. Mayor Krieger: Is there anything further on the balance of Page 5? Apparently not. Page 6 - any questions or comments? Councilman Gillum: Mr. Aiassa - have you had an indication on AB2, is it going to be successful this year or not? Mr. Aiassa: If it ever is going to be successful, this is the year. If we don't make it this year it will be out. Councilman .Gleckman: On the next page you have SB 59 which is an alternate to SB 52. . I hope they don't take these up at the same ti me . Mayor Krieger: Anything further on Page 6 in opposition to the recommendations? There being none we will go on to Page 7. Councilman Nichols: SB 59 - I would think we should oppose it in the hopes we can get a more favorable allocation. Councilman Gleckman: I agree with Councilman Nichols. I don't think we can go one way on one and if we don't get that then we will take this. I don't think it should be presented as an alternate at this ti rre. Motion by Councilman Gillum, seconded by Councilman Nichols, and carried, that Council oppose SB 59. Mayor Krieger: Any further comments on Page 7 ? (None) Page 8 ? Motion by Councilman Gillum, seconded by Councilman Gleckman, and carried, that Council oppose AB 286 and SB 46. Motion by Councilman Gleckman, seconded by Councilman Gillum, and carried, that Council support SB 339. - 7 - ADJ. C.C. 4-15-68 Page Eight c STAFF SUMMARY OF PENDING BILLS - Continued Mayor Krieger: Any further comments or questions on Page 9 ? If not, then we should have a general motion consistent with the Council action and otherwise consistent with the ,Council action with reference to specific assembly bills and senate bills and other- wise consistent with the staff recommendations. Councilman Gleckman: As made this evening, so moved. Seconded by Councilman Gillum and carried. DRAINAGE PROBLEM - KING PROPERTY Mayor Krieger: We have a letter received from Mrs. King dated March 27/68 and the staff report of April 5/68 in response to Mrs. King's letter. Mrs. King have you had the opportunity to see the staff report of April 5/68 ? Mrs.. John O. King I have not. 1177 Spring Meadow West Covina Mayor Krieger: May we have a short verbal report on this? • (Report summarized by Mr. Zimmerman, Ass't. City Engineer,) Mr. Zimmerman: Mr.. Mayor - there is a policy established by the Council in 1960 of not putting in street improvements in this area but rather leaving the road in a so-called rural atmosphere .or rural type of development. Mayor Krieger: In accordance with council policy this is not a hearing item - does the Council have any objection to hearing from Mrs. King on this matter? (No objections.) I would suggest to be fair with regard to this staff report that we give a copy of this report to Mrs. King and we will pass this matter over temporarily until Mrs. King has had an opportunity to read the staff report, DEPARTMENT HEAD "D" RANGE Mr.. Aiassa: In regard to Department Head "D" Range - the only thing we would be doing is establishing the range and we are not placing. anybody in the "D" range at this time. Councilman Gillum: Did I understand you correctly, Mr.. Aiassa - that you would like to establish the "D" range but you are not placing anyone in the range? Mr. Aiassa: Correct - at this time. We are going to meet with the Personnel Board and refer it to them. Councilman Gillum: May I ask why are you requesting the range ? Mr., Aiassa: I am requesting "D" range in order to establish it, because there is no point in our working out the details if we don't have the. range to put the people into. This - 8 - ADJ. C.C. 4-15-68 Page Nine DEPARTMENT HEAD "D" RANGE - Continued would be the second range positions of the Executive staff. Mayor Krieger: On your chart of Department Head salary ranges, I notice your Range A is $1916. to $ 2 5 0 8 and yet in the Resolution isn't the Range A - $1716 to $2508? Mr. Aiassa: It should be $1716. Mayor Krieger: The comment which is quite brief from you on this matter indicates this range would be utilized for the compensation of various positions of the assistant department head level and all we can do is surmise from your projection here as to who falls within the classification of an assistant department head. Now do we pre- sume from this that these gentlemen who are identified on the chart fall within the classification of Executive department heads? Mr. Aiassa: No, those are examples of the top supervisory positions and the ranges in which they now fall in. This is only for illustration. Mayor Krieger: Is it your immediate contemplation to take these people and put them into Range D? Mr. Aiassa: By analysis of each department. • Mayor Krieger: In other words you intend to do a critical analysis of each department to determine the qualifications of each particular employee? Mr. Aiassa: The particular emphasis will be on the basis of recruitment and administrative responsibility and also future perspective whether the employee will remain with us for sometime and when the Department Head leaves our City for a better position that the Assistant will be eligible to move up. We have done this type of thing now and I believe it has worked out, and I would like to proceed and modify it to a point where we can be assured of filling top positions with competent people. Mayor Krieger: My last question - in your Range A you talk about a Department Head,, and Range B you talk about Department Head, and Range C you talk about Department Head, and in Range D you are still using Department Head - is that what you intended to title it or Assistant Department Head Range D? Mr. Aiassa: We were going to put Sub -Department Head but I don't know whether the title is apropos to it or not. Also it may be used for example, if we have a recruiting problem and the person we hire does not quite qualify for Department Head Range C, we can bring him in at D range and after a reasonable period he could then be moved into the C Range. We have done this with our Building Director position. So we may want to recruit at the lower range in the case of a Department Head vacancy. Councilman Gillum: This apparently is being proposed to eliminate a problem in certain areas. Are we going to be faced with thisin the future when we run into these areas that we create a new range? Mr.. Aiassa: No. This is the last range. This was discussed about - 9 - ADJ. C.C. 4-15-68 Page Ten DEPARTMENT HEAD "D" RANGE - Continued 3-1/2 years or 4 years ago and up to that time we had not had the recruitment problem we are now experiencing, nor the necessity for building up the second �echleons _and now we find the need for it,, so when a Department Head leaves we have a second line Councilman Gillum- Is it possible this whole type or range set-up should be reviewed? I would not like to see us running into these problems and creating new ranges and actually then we have everyone creating their own range. Mr. Aiassa: Actually this range was created sometime ago and I brought it up during the Department Head salary dis- cussion knowing there was a problem in this particular category and knowing the level we are recruiting and the type of men we are attempting to recruit. This is where we have to have some kind of a wider span and then actually put the promotion on strictly what they are worth and not on the basis of a merit increase because they are here a year. This also gives the Department Head a greater responsibility to see that the employee is qualified and is doing his job, it puts the responsibility ba ck on the fellow that is supervising the number 2 man. Councilman Nichols- The City Manager mentioned that he might hire a Department Head in some situation at this lower range but then generally it would be where he would place an Assistant Department Head that wanted some recognition in excess of the • ranges available under the merit plan, wouldn't you be establishing really the same thing Mr. Aiassa, if you simply took the C range and expanded it - that is dropped it from $1042 to $ 842 or some such figure and called it Department Head and Assistant Department Head Range - if you are going to place them flexibly between these two ranges. Mr. Aiassa: I am saying there could be a possibility that a Department Head could come in at Range D. Under normal conditions we would be hiring in the C Range. But suppose I have ar_Assistant.Department Head that is in the D range and he is not qualified completely but is sufficiently qualified to do the job and I want to appoint him _lout I know he needs more experience, I could set him up in the D range and he could function as a Department Head - this would give me more flexibility. RESOLUTION NO. 3773 The City Manager presented: "A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA, AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 1277 RELATING TO DEPARTMENT HEAD SALARY RANGES. " Mayor Krieger: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Gillum, seconded by Councilman Gleckman, that the Council adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Gillum, NOES: None ABSENT- Snyder Nichols, Gleckman, Mayor Krieger 10 - ADJ. REG. C.C. 4-15-68 Page Eleven DRAINAGE PROBLEM - KING PROPERTY - Conti nued Mayor Krieger: Mrs. King, have you had the opportunity to read the report? Janice King Yes I have. (Presented a;picture to Council of property • 1177 SpringMeadow Drive located across the street from 1177 Spring Meadow :- West Covina Drive) I rather doubt, but I could be wrong, that -he made the complaint about the street in the first place, because he thought there should bean asphalt gully on his side of the street because that is City property across the street and he agreed with me that would be the logical solution to the thing, until his wife entered the picture; and he would be the first one to admit it. So why I have to have that ugly eye sore on my property I don't understand, when the City has that property and there is more water going down there anyway and they channeled that: water purposely on my property anyway when Mr, 'Y'ic Come, was perfectly happy. to have an asphalt gully going down the street on his side of the street, which is the low side of the street anyway. Mayor Krieger: Mrs. King, do you have any comments on the recommendation of the staff to ameliorate the situation ? Janice King: I have already been approached by Mr. Zimmerman and Mr. fast, about giving them an easement. I would like to ask one question. Is that other drainage ditch on my property, it is not city maintained? I understand it is not city maintained and then it is not a city easement, is that right? • Mayor Krieger: We will check that out for you Mrs. King. Janice King: Because if it is I have a real complaint. My other neighbor tied into it too high and the mud and dirt backs up and in the summer it is infested with bugs and mosquitoes. We have spent hundreds of dollars for having it hand dug and wheel barreled up that huge high drainage ditch, so if it happens to be a city easement.... . Mayor Krieger: Are there any further comments you want to make to the Council on the recommendation by the staff? Janice King: No. Mayor Krieger: Thank you very much.. Before we go into Council Discussion, can you answer the question posed - whether there are any city easements on the property - Mr. Fast or Mr. Zimmerman? Mr. Zimmerman: No, not for the drainage. However the drainage has been improved. Somebody has put some concrete walls to it to the bottom, it is improved mostly through that stretch, presumably by private owners. Mayor Krieger: We have the complaint of Mrs. King and received here her oral comments after she had the opportunity to review the staff report of April 5, 1968. We have re- ceived a four page staff report on the two page letter and we have received the oral presentation by Mr. Zimmerman. Councilman Nichols: I would like to direct a question or two to Mr. Zimmerman on this matter. The basic thrust of the ADJ. REG. C.C. 4- 15-B8 Page Twelve 0 • DRAINAGE PROBLEM -KING' PROPERTY - Cont.in.ued staff report has been bringing this drainage across the drive and dissipating it somewhere off to the north. .Mrs. King's basic thrust of her argument or point of view is why hasn't some sort of drainage ditch been constructed or improved on the sout:hside to carry this water off somewhere to the west past her property rather than on her property at all. Could you comment on this difference in thrust from an engineering standpoint? Mr. Zimmerman- Yes. (Explained with the use of the aerial PY otograph of the area.) (Councilman Nichols then posed several questions regarding the runoff of water and how it worked, etc. , and Mr. Zimmerman explained in detail with the use of the map. ) Councilman Nichols- What size ditch were you talking about when you sought an open ditch parallel to the road? Mr. Zimmerman- About 5' wide easement and the ditch would be smaller. Councilman Nichols- The easement would be for the purpose of constructing the drainage ditch? Mr. Zimmerman. Yes. Councilman Nichols- And it wouldn't prevent access to the property? Mr. Zimmerman- No. (Both Councilman Nichols and Councilman Gillum asked further questions regarding the natural flow of the water. Mr. Zimmerman explained.) Councilman Gleckman: Mr. Fast or Mr. Zimmerman. Is it possible to request an easement of the type that is suggested in the recommendation for a time period until such time that the owner of the property would desire to build other homes on the property, as referred to by Mrs. King? And then at that time revert the easement back to the property owner? Mr. Fast: I wish the City Attorney were here to answer that question. But I would suggest the reason we have the easement is so we can for instance construct the drain and then maintain it. If the easement were only to last for a specified period of time the only thing that would do so far as I can see, we would then not be in a position to maintain it anymore. However, if that is the case then we would like to have some sort of a hold harmless clause in the event the easement were to become null or void at a certain date Mayor Krieger; May I comment on that? The draft of an easement is transferrable upon the agreement of the party who granted the easement on behalf of the party who accepted the easement. We abandon easements all the time for roadway purposes when they no longer serve city purposes. So if sometime in the future an easement *was,-, granted and the person who granted the easement asked the City to enter into an agreement to vacate and the City agreed, of course it could be vacated. Councilman Gleckman- My only concern here is - - I think the recommendation by the staff is in good order but I am also interested in the property owner's position and in order to protect them from some future development and from some future Council that might say - I am sorry we have the easement and you can't develop. I think this is probably one of - 12 - ADJ. REG. C.C. 4-15-68 Page Thirteen r� U • DRAINAGE PROBLEM - KING PROPERTY - Continued main concerns of Mrs. King - - so can we do both? 'Mr. Fast. We have quite often had easements for drainage purposes and these do not preclude the construction of an improvement., for instance Hollencrest School, is -right: on top of a drainage ditch and they have improved that property and the easement: still does exist, So I don't: see that the fact. that there is an easement or there is not, would preclude the problem of subdividing, because in the event of a subdivision it is still the obligation of drainage, so it is merely a matter of concern for drainage and not prevention. Councilman Gleckman. Mrs. King - you have heard the conversation regarding an easement on your property and the effect it would have on development in the future, do you have any comments you would like to make? Janice King. First of all they lied to me when they approached me on this whole affair. Three men said to me - when I returned from a shopping trip - Mrs. King how would you like it if we filled in this hole,la srriali..gully..thzit.alwpys was to the right of the driveway - fill in the hole and take any water that comes to your property and get it down, to the big drainage ditch - I said "great:, what a wonderful Christmas present. " I was so thrilled and then when they put in that mammoth, gargantuan thing, I can't tell you how - I almost passed out I was so mad. My husband said that was the final straw, he has had it, for $2, 000 a month upkeep on the house, he is moving, he is now in Seattle and the only reason I am here is for whoever happens to buy the property, I think it is an encroachment on my rights and whoever is a home owner in this City, and as far as putting an easement in I still feel it is a forced measure. I would almost have to see an attorney, I don't think it is at all fair. When the City owns the property across the street and it is the low side of the street. The little pipe we had did plug up, that is true, because it is on the other siide of the street and the water automatically flowed over there and anybody can see that. Most of it came down on the other side of the street anyway. Councilman Gleckman. I have another question. Am I under the correct impression that it is ;' :apossible for Mrs. King to plug this particular drain that we have installed on her property? Mr. Zimmerman: The drain has been plugged, yes. Councilman Gleckmano My question is - we put it in and prior to us putting it .in we had a condition of flooding and then the water would go across the street, correct? Mr. Zimmerman. Correct. Councilman Gleckman. If it is plugged now, where is the water going if it is not going across the street? Mr. Zimmerman. It is going across the street again. Councilman Gleckman. In other words the condition that prevails at the present time - is it any different than it prevailed before we put in the pipe ? Mr. Zimmerman. No it was a small 8" pipe in there and this pipe was plugged and the water then went across the street on the _. 13 - ADJ. REG. C.C. 4­15-68 Page Fourteen • DRAINAGE PROBLEM - KING PROPERTY -• Continued northside of the street. Councilman Gleckman.: Mr. Zimmerman: And where is it going now? The same place, Councilman Gleckman: So the condition that exists presently on Mrs. King's property is a similar condition that prevailed prior to our doing any work on the property? Mr. Zimmerman: That is correct. Councilman Nichols: Mr. Zimmerman, there was another point of some con- tention. The staff report: indicated there was a neighbor complaining about the .water and Mrs. King indicated some disbelief that the neighbor involved would be the one that might complain. Would you enlighten. how the City in its good Samaritan role got into such an unpleasant situation in the first place? Mr. Zimmerman: My information is that Mr. Mc Conneywho is across the drive from Mrs. King, called and requested relief from the dirt and debris on the road. The Street Superinten- dent with one of our engineering personnel went out and reviewed the situation and determined that if the small 8" pipe under the King drive which evidently had been put there in the original subdivision development of 1940 were made to function properly, by that I mean, carry all the water coming down that side of the street, the street would not be full of dirt, and I believe that is true and it was proposed to put in the larger pipe to relieve the situation. This is what happened. Mayor Krieger: Further discussion on this matter? If not, a motion would be in order: Councilman Gleckman: The only motion that I can propose at this particular time is an order for the alleviation of the existing condition, as so decided. That the staff recommendatirn be adopted and that we endorse the method of drainage at this location that the staff has recommended and that the Mayor be authorized to send a letter to the King's requesting them to give the City an easement so the drainage can be installed by City street crews and this unsatisfactory drainage problem can be alleviated, with also a condition if possible, that this request can be withdrawn by the King's at some time that they would additionally develop their property. Motion seconded by Councilman Gillum. Mayor Krieger: I assume then from your motion that we are talking about a commitment ultimately by the City under Item 3, is that correct? Councilman Gleckman: That is. Councilman Nichols: I assume then the intent of the motion is that this be an easement that would be terminable at the request of the property owner? Councilman Gleckman: That is right - - but only at the time a subdivision development is undertaken. If no further development then the easement remains. - 14 - ADJ. REG. C.C. 4-15-68 Page Fifteen • • DRAINAGE PROBLEM —KING PROPERTY - Continued Mayor Krieger: And if they request vacation of the easement they would have to substitute other satisfactory drainage. It is not a waiver of the drainage requirements. Councilman Gleckman: That is correct. Motion carried on roll call vote by Council as follows: AYES: Councilmen Gillum, Nichols, Gleckman, Mayor Krieger NOES. None ABSENT: Councilman Snyder LEGAL CLARIFICATION OF DEFINITION OF PART-TIME EMPLOYEE Mr. Aiassa: Mr. Eliot, Controller, is present and he is here to answer any questions of the Council regarding this report. Mayor Krieger: I have a question - in Section 4, under the proposed Resolution we have Sections A - B - C, are you familiar with those Sections ? Leonard Eliot, Controller City of West Covina Yes. Mayor Krieger: And then you have those part-time positions which are actually part-time positions that ordinarily do not require more than 20 hours per week. May I ask you why there was excluded from this list the definition "as well as those employees in permanent: positions that were designated part-time or for which the compensati rn is fixed upon the basis of part-time work"? Mr. Eliot: Are you referring now to our City Ordinance regulating our City Personnel Rules and Regulations? Mayor Krieger: I am looking at the definitions that we have of the Limited Service now in the City and as I understand the attempt here is to provide some definition within our framework to the significance of part-time positions and I notice that everything was picked up in this as being within the class of positions excluded from this type of coverage except this one definition and I was wondering if this was intentional or inadvertent or if you know? Mr. Eliot: I wouldn't know offhand. I would like to look at it. (Mr. Aiassa gave a copy to Mr. Eliot.) Mayor Krieger: We pick up Seasonal help, temporary employees and • some type of part-time positions which is based on work hours, maybe there is an explanation for this. I am referring to the proposed Resolution Section 2 AA. Do you find double AA definition anyplace in Section 4? Mr. Eliot: No I do not. Mayor Krieger: Now is there an explanation why this was not carried in Section 4 ? ADJ. REG. C.C. 4-15-68 Page Sixteen • 0 LEGAL CLARIFICATION OF DEFINITION OF PART-TIME EMPLOYEE Mr. Eliot: My only feeling is that this is for purposes of definition for the OSDI and that our contract through the State provides for exclusion of certain part-time employees and administratively the part-time employees, those employees working in permanent positions on a part-time basis: are regulated on a 20 hour basis. They seemed to administratively use a 20 hour work week although our Personnel Regulations do not define it the same way. I believe Mr. Wakefield was trying to bring this definition within those rules the State uses for OSDI and they do have a 20 hour week. In -other words part-time would be temporary with less than 6 nonths or a year on Seasonal employees and part-time in a continuing job. A line must be drawn somewhere otherwise they could work 39 or 40' hours and still be called a part-time position. Mayor Krieger: Then it is your representation to the Council that this definition of part-time employee was not an inadvertent omission? Mr. Eliot: I don't :believe it was inadvertent on Mr. Wakefield's part, he had not discussed that point with me and I had not caught the discrepancy. Mayor Krieger: Having been called to your attention do you have any reservations or are you satisfied with this? Mr. Eliot: I would have some hesitation admittedly. Councilman Nichols: In looking at this again doesn't Section 4 C correspond to AA of the Resolution? Mayor Krieger: It corresponds to the Resolution No. 1-2-3 by specific language but it doesn't correspond to the f ull scope of AA. Councilman Nichols: The only difference is that there is not a specified hour limitation but in the original where they needed to list the number of hours because of the limitations and definitions they expanded that and I would assume that Mr. Wakefield felt here it would not be necessary to stipulate the number of hours. Mayor Krieger: My point is simply this, that you may have under our present definition of a part-time employee one who actually works more than 20 hours a week. Mr. Eliot. I think right now we do not, but we are also covering for the future. Mayor Krieger: Right, but under this definition it would not exclude that. I just bring up the point that this was considered when the Resolution was drafted. There is always the possibility these things are so close you don't see it. Councilman. Nichols: Of course full-time work would be considerably more than 20 hours but whether 21 or 22 hours would be part-time, that is the question. Councilman Gillum: Don't we have a number of these in Recreation & Park? - 16 - a ADJ. REG. C.C. 4-15-68 Page Seventeen • • LEGAL CLARIFICATION OF DEFINITION OF PART-TIME EMPLOYEE Mr. Eliot: These would be covered under temporary or seasonal employees. In discussing this with Mr. Wakefield I believe he felt and' I felt this would exclude everyone we intended to exclude presently. Your Recreation & Park people and crossing guards are usually terminated during the course of the year so they would be seasonal. Mayor Krieger: Mr. Aiassa, would there be anything critical about this being held to the presence of the City Attorney? Mr.. Aia s sa : I was planning to take that up North with me but I think we had better hang on until the next meeting . Motion by Councilman Gillum, seconded by Councilman Nichols, and carried, that this be held over until April 22, 1968, and be referred to the City Attorney and staff. MAYOR'S REPORTS, None. COUNCIL COMMITTEE REPORTS Councilman Nichols: The only comment I would make is that I am sorry Dr. Snyder can't be here for this last regular adjourned Council meeting, it has been a great pleasure for me to have had the opportunity to work with Dr. Snyder and to have had the opportunity to serve with you Mayor Harvey. I don't know where the next Mayor will put me but I hope where ever I am, I am next to someone of equal caliber. Mayor Krieger: Thank you. Councilman Gleckman: Well I think we are going to have a tough time to do what Councilman Nichols just requested. And I will save my remarks for tomorrow night. ------------ Mr. Aiassa: Mr. Mayor - one thing. I was supposed to take this Resolution up to Sacramento with me and due to the fact that we have held it over until the 22nd I had better put my trip off because I want to meet with these people personally to be sure and get this rectified. Councilman Gleckman: I would have no objection to allowing the City Manager to come back to the Council with a request for another date for the trip to Sacramento. (Council agreed.) -------------- Motion by Councilman Nichols, seconded by Councilman Gleckman, and carried, that Council adjourn at 9:10 p.m., to April 16, 1968, at the hour of 7:30 p.m. APPROVED: te a, 170 ATTEST: MAYOR City Clerk - 17 -