11-22-1971 - Regular Meeting - Minutes•
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
NOVEMBER 22, 1971.
The regular meeting of the City Council was called to order at.
7:30 P.M., in the West Covina Council Chambers by Mayor Ken Chappell.
The Pledge of Allegiance was given. The invocation was given by
Reverend Charles R. Simmons of the United Methodist Church of
West Covina.
WAINOWS", me
Present: Mayor Chappell; Councilmen Shearer, Nichols,
Young, Lloyd
Others Present:
George Aiassa, City Manager
Herman R. Fast, Public, Services Director
George Wakefield, City Attorney
Lela Preston, City Clerk
Richard Munsell, Planning Director
Bert Yamasaki, Asset. Planning Director
George Zimmerman, City Engineer
John Lippitt, Asset. City Engineer
Leonard Eliot, Controller
Ross Nammar, Administrative Assistant
Terry Brandt, Administrative Analyst
Rick Oakley, Administrative Analyst
APPROVAL OF MINUTES
November 8, 1971
On motion made by Councilman Lloyd, seconded by
Councilman Young and carried, minutes approved
as submitted.
CONSENT CALENDAR
(Mayor Chappell explained
the procedure of the Consent Calendar items,
and asked if there
were comments on any of the items.)
1. COMMUNICATIONS
a) LOS ANGELES
COUNTY REQUEST to conduct 21st Annual Heart
HEART ASSOCIATION
Health Education and Fund Raising
Campaign in February, 1972.
(Approved in prior years. Staff
recommends approval.)
b) RALPH R. RISSMAN
1625 E. Portner St.
West Covina
c) RICHMAN & GARRETT
-. d) MARCH OF DIMES
e) MR. & MRS. FRANK A.
PLEBANEK
16756 Lawnwood St.,
Val inda
RE Offensive odors in City.
(Refer to Staff)
REAction of Laborers' International
Union of North America, et al, seek-
ing Court action to declare invalid
certain portions of Uniform Building
Code. (Refer to City Attorney)
REQUEST to conduct annual solicitation
during January 1972. ( Staff
recommends approval. Approved in
prior years.
RE obnoxious odors in the area.
(Refer to Staff)
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0
CITY COUNCIL 11/22/71 Page Two
CONSENT CALENDAR - Cont°d.
2. PLANNING COMMISSION Summary of Action: Novo 17, 1971
(Adj. 5:30 P.M.)
Nov. 17, 1971
(Reg.)
(Receive and File)
3. RECREATION & PARKS COMMISSION
4. YOUTH ADVISORY COMMISSION
5. ACCEPTANCE OF IMPROVEMENTS
AND RELEASE OF BONDS
Summary of Action: Oct. 27, 1971 (Reg)
(Refer to Item #H-I Novo 2, 1971 (adj)
Nov. 17, 1971(Adj)
(Receive and File)
Summary of Action: Nov. 16, 1971
(Receive and File)
a) TRACT NO. 28919 LOCATION: Jennifer Street and Pass &
LEADERSHIP HOUSING Covina Road.
SYSTEMS INC. Accept street and sewer improvements
and authorize release of Highlands
Insurance Company Bond No. 905977 in
the amount of $98,000.- (Staff
recommends acceptance.)
b) PROJECT NO. TS-6520-1 LOCATION: Fire Station #4, Azusa
TRAFFIC SIGNAL INSTALLA- Avenue and Maplegrove Street.
TION Accept traffic signal installation
WILLIAM R. HAHN and authorize release of Argonaut
Insurance Company Bond No. 079648 in
the amount of $4,970 subject to
Notice of Completion procedure. (Staff
recommends acceptance.)
6. ABC APPLICATION Chief of Police recommends NO PROTEST.
a) Hing & Nancy Lee dba
SILVER DRAGON
397 S. California Avenue
7. CITY TREASURER'S REPORT
8. ADMINISTRATIVE ITEMS
a) Williams & Mocine
Statement
b) Traffic Committee:
9. REQUEST FOR EXTENSION OF
FILING DATE FOR FINAL
MAP FOR TRACT NO. 19665
Month of October, 1971. (Receive and
File)
$2901.00.CBD (Staff recommends payment)
1) Minutes of Nov. 16, 1971 (Receive
and File)
2) Minutes of October 19, 1971 re
Service and Valinda Avenues. (Staff
recommends retaining stop signs.)
Hollingworth Street and Sentous
Avenue (Staff recommends no further
action)
Parking on .Barranca .Street (Staff
recommends no further action.)
(Staff recommends approval.)
Councilman Nichols: Mr. Mayor, I would like to pull and
hold Item b of the Administrative
Items referring to the Traffic
Committee minutes for discussion at an appropriate time.
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CITY COUNCIL 11/22/71
CONSENT CALENDAR - Cont°d.
Page Three
Councilman Shearer: Mr. Mayor. Item 3 regarding Recreation and
Parks Commission. The recommendation with
regard to the holding of a bond issue is
that they do not feel it should be at this time. However, I would
still like,sometime after the first of the year, to have a meeting
with the Commission to discuss this item and other alternate means of
financing for future park improvements if we don't go this route.
I don't want to let the matter drop.
Mayor Chappell: We will be scheduling meetings with all of
our Commissions as soon as the holidays are
over with and that will be an item for dis-
cussion at that time.
Councilman Young: With respect to Communication Items (b) and (e)
referring to an offensive odor and to an
obnoxious odor. I concur with the recommenda-
tion that a staff study should be made. I would like the staff study
reported.back to the Council at our next regular meeting, if at all
possible. I understand there is some doubt as to where this odor
emanates.
Mayor Chappell: We will have the City Manager bring us up-to-
date as to what has been done up to now and
then have him have staff pursue it with a
report back to us.
Councilman Young: Having been to the dump on a recent day when
the odor was nowhere else around and noticing
it there quite strongly I am quite suspicious
of the dump.
Motion by Councilman Shearer, seconded by Councilman Young, to approve
Consent Calendar items I through 9 with the exception of Item 8 (b).
Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
AWARD OF BIDS
BID NO. 72-34 Bids received in the Office of the Purchasing
COLD WATER METERS Agent up to 10:00 A.M., on Wednesday,
November 10, 1971, as advertised, and there-
after publicly opened and read. City Clerk
stated bids received as follows:
Rockwell $86,305.56
Badger $91,352.20
Neptune $ 99, 180. 90
Gamon/Galmet $103, 611. 38
Hersey/Sparling $105,937.66
Motion by Councilman Lloyd that City Council award Bid No. 72-34 for
the annual purchase of cold water meters to Rockwell Manufacturing
Company in the amount of $86,305.56. Seconded by Councilman Young.
• Councilman Shearer: Mr. Mayor, a clarification. The motion as
read is a lump sum bid, yet the proposal is
to purchase on a unit price basis. Should
the motion be in the amount of or on the unit price per item?
Mr. Wakefield: Mr. Mayor and members of Council, the award
City Attorney actually should be on the unit price basis.
I think it is appropriate to.amend the
motion simply to refer to the unit prices as bid in the total amount
of $86,305.56.
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CITY COUNCIL 11/22/71
AWARD OF BIDS: ##72-34
Councilman Shearer:
Page Four
I will amend the motion to read that way.
Seconded by Councilman Lloyd and carried on
roll call vote as follows:
• AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
(Mr. Wakefield advised that the amended motion roll call vote carried
with it the original motion, and no further vote was needed.)
PUBLIC WORKS
UNDERGROUND UTILITY DISTRICT LOCATION: Central Business District.
NO. 2 (Council reviewed Engineer's report.)
Motion by Councilman Young, seconded by Councilman Lloyd and carried,
to receive and file Engineer's report.
Motion by Councilman Young, seconded by Councilman Lloyd and carried,
to approve the proposed boundaries of the underground utility district.
Mayor Chappell .: May we now have a motion to set Monday,
December 13, 1971, at 8:00 P.M., as date for
the public hearing on the proposed under-
ground utility district?
Councilman Shearer: A question, Mr. Mayor. Does staff anticipate
any lengthy testimony on this item because it
is on the same night as the CBD public hearing?
Mr. Aiassa: Not really, Mr. Shearer. We have not received
any protests or anticipate any, because we have
worked with the people involved.
Motion by Councilman Young, seconded by Councilman Lloyd and carried,
to set Monday, December 13, 1971 at 8.-00 P.M., as the date for the
public hearing on the proposed Underground Utility District No. 2.
WEST COVINA SEWER LOCATION: Throughout the City.
MAINTENANCE DISTRICT (Council reviewed Engineer's report.)
UPDATING
RESOLUTION NO. 4474 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA APPROVING WEST COVINA SEWER
MAINTENANCE ANNEXATION MAP REDEFINING
BOUNDARIES OF WEST COVINA SEWER MAINTENANCE DISTRICT TO INCLUDE
THEREIN CERTAIN TERRITORY PROPOSED TO BE ANNEXED THERETO."
Motion by Councilman Lloyd, seconded by Councilman Young and carried,
to waive further reading of the body of said Resolution.
Motion by Councilman Lloyd, seconded by Councilman Young, to adopt
said Resolution. 'Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
ACCEPTANCE OF CORPORATION LOCATION: Woodside Village
GRANT DEED FROM UMARK, INC. (Council reviewed Engineer's report.)
FOR WATER RESERVOIR SITE
AND ACCESS ROAD AND APPROV-
AL OF TOTAL COSTS
RESOLUTION NO. 4475 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
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CITY COUNCIL 11/22/71
PUBLIC WORKS: Res, ##4475
Page Five
OF WEST COVINA ACCEPTING A
CORPORATION GRANT DEED EXECUTED BY UMARK, INC., AND DIRECTING THE
RECORDATION THEREOF."
.Motion by Councilman Shearer, seconded by Councilman Young and carried,to
waive further reading of the body of said Resolution.
Motion by Councilman Shearer, seconded by Councilman Young, to adopt
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
Motion by Councilman Shearer, seconded by Councilman Young, that City
Council approve the total costs of $21,996.00. Motion carried on
roll call vote as follows: (Report dated 11/19/71:;
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
WOODSIDE VILLAGE LOCATION: Woodside Village
MAINTENANCE DISTRICT (Council reviewed Engineer's report)
NOo 1 & 2 - ZONE._DISSOLU-
TION AND SETTING DATE
FOR PUBLIC HEARING
RESOLUTION NO. 4476 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA DECLARING
ITS INTENTION TO DISSOLVE EACH AND
ALL OF THE ASSESSMENT ZONES HERETOFORE ESTABLISHED WITHIN WOODSIDE
VILLAGE MAINTENANCE DISTRICT NO. 11"
RESOLUTION NO. 4477 "A RESOLUTION OF THE CITY COUNCIL OF
ADOPTED THE CITY OF WEST COVINA APPROVING
MAP NO. MD-1 (REVISED) REDEFINING THE
BOUNDARIES OF WOODSIDE VILLAGE MAINTENANCE DISTRICT NO. 1 AND THE
DISSOLUTION OF THE ASSESSMENT ZONES THEREIN, IN THE CITY OF WEST
COVINA."
RESOLUTION NO. 4478 "A RESOLUTION OF THE CITY COUNCIL OF
ADOPTED THE CITY OF WEST COVINA DECLARING
ITS INTENTION TO DISSOLVE EACH AND
ALL OF THE ASSESSMENT ZONES HERETOFORE ESTABLISHED WITHIN WOODSIDE
VILLAGE MAINTENANCE DISTRICT NO. 2"
RESOLUTION NO.. 4479 "A RESOLUTION OF THE CITY COUNCIL OF
ADOPTED THE CITY OF WEST COVINA APPROVING
MAP NO. MD-2 (REVISED) REDEFINING
THE .BOUNDARI.ES OF WOODSIDE VILLAGE MAINTENANCE DISTRICT NO. 2 AND THE
DISSOLUTION OF THE ASSESSMENT ZONES THEREIN, IN THE CITY OF WEST
COVINA."
• Motion by Councilman Young, seconded by Councilman Lloyd and carried,
to waive further reading of the body of said foregoing resolutions.
Motion by Councilman Young, seconded by Councilman Lloyd, to adopt
said foregoing resolutions. Motion carried on roll call vote as
follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
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CITY COUNCIL 11/22/71 Page Six
PUBLIC WORKS - Cont Id.
PROPOSED CONSTRUCTION OF LOCATION: Shadow Oak Drive southerly
SHADOW OAK DRIVE of Amar Road.
CITY PARTICIPATION WITH (Council reviewed Engineer's reports)
UMARK, INC.
Councilman Nichols: Mr. Mayor, I have read the report and under
the circumstances I would move the
recommendation to wit: Council approve
negotiations with Umark, Inc., for the City to participate in the cost
of the construction on the basis of the City°s normal participation
agreements. There is an existing form the City has followed in terms
of its relationship to total costs.
Seconded by Councilman Shearer.
Councilman Shearer: Mr. Mayor, a question. Is it correct that the
reason for this situation is that the extra
width of the street - it is a 4 lan;e road and in
a normal tract street the subdivider provides the curb, gutter, side-
walk and two lanes and when the additional lanes are required by the
City because of through traffic the City generally participates and
that is what the City is doing here? We are not subsidizing Woodside
Village?
Mr. Aiassa:
Mr. Zimmerman:
City Engineer
different parts of the
involved.
CITY ATTORNEY
No, Councilman Shearer.
The portion proposed for participation by
the City is in the same exact amount approved
by the Ad Hoc Committee and it is just
street section because of the timing schedules
Motion carried, all voting in favor.
Mr. Wakefield: Mr. Mayor and members of City Council, the
first item is an ordinance for introduction.
The ordinance simply revises the existing
provisions of the West Covina Municipal Code relating to our Civil
Defense program to conform to the 1970 amendment to the statute
which recodified and restated the emergency action provisions of the
Civil Defense program at the State and local level, really to change
the emphasis from a war time program to one primarily intended to
meet local natural disasters such as fire, earthquake and the like,
but still retaining the Civil Defense aspects.
ORDINANCE "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
INTRODUCTION OF WEST COVINA ADDING A .NEW CHAPTER 4 TO
ARTICLE III OF THE WEST COVINA MUNICIPAL
CODE RELATING TO EMERGENCY ORGANIZATIONS
AND REPEALING THE EXISTING CHAPTER 4 OF ARTICLE III OF THE WEST COVINA
MUNICIPAL CODE RELATING TO CIVIL DEFENSE."
Motion by Councilman Lloyd, seconded by Councilman.Shearer and carried,
to waive further reading of the body of said Ordinance.
Motion by Councilman Lloyd, seconded by Councilman Shearer, to
introduce said Ordinance. Motion carried.on roll call vote as follows::
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
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CITY COUNCIL 11/22/71
CITY ATTORNEY - Cont°do
Page Seven
URGENCY ORDINANCE RE Mr. Wakefield: This item is an
FREEWAY DEVELOPMENT Urgency Ordinance
OVERLAY ZONE which has been pre-
pared at the request of the Staff.
It is designed to declare a
moratorium on the further use of parcels of property which are
contiguous either to the San Bernardino Freeway or the frontage roads
along the San Bernardino Freeway for 90 days, until a planning study
can be concluded to determine whether or not certain :x°emnant'_ parcels
which cannot be used for single family residential under our existing
zoning ordinance should be zoned for some more appropriate use. The
parcels have resulted from the freeway rights -of -way by the State
Division of Highways and in many cases the parcels are too small to
meet our zoning requirements lacking sufficient area to conform to
our side and front yard requirements, setbacks, etc. This ordinance
will declare a moratorium for 90 days for the use of parcels along
the freeway or the frontage roads which are contiguous to single-
family residential uses until the planning study is completed and
further action is taken by the Planning Commission and City Council,
Councilman Young: This ordinance will include, I am
sure, a grandfather clause to the
existing use?
Mr. Wakefield: Yes, it will,
Councilman Young: It does not involve any abatement
procedures and the word "frontage"
would be used rather than the word
"service" in defining the contiguousstreet?
Mr. Wakefield: Yes sir.
Councilman Shearer: Mr. Mayor m that was my question too,
but I don't see that anywhere in the
ordinance. Maybe there is a covering
law somewhere else? If someone can
point it out to me,I would appreciate it.
Mr. Wakefield: I think what you have is a draft
of the ordinance prepared by the
staff. The City Attorney has revised
the ordinance in that respect. The ordinance provides -that on the
date of the adoption of this ordinance and for a period of 90 days there-
after the use of any parcel of land which is contiguous to the
San Bernardino Freeway or any of its service rQ;ads for single-family
residential purposes is prohibited.
Councilman Shearer: The problem is what if I am living
there now m do I have to move out?
What coverage is there?
Mr. Wakefield: No. In the facts that constitute
the statement of the urgency it
provides that in order that these
parcels may be developed to acceptable standards for purposes which
are consistent with the freeway and the use -of adjoining property
and the further use of land contiguous to the freeway and the frontage
road for single family residential purposes should be prohibited, etc'.
In an ordinance of this sort .it does
not affect existing uses and they become for the period of the
ordinance non -conforming uses.
Councilman Shearer: I would like to make one comment and
I am not defending the organization
7
•
•
CITY COUNCIL 11/22/71
CITY ATTORNEY,. Urgency Ordinance
Page Eight
that pays me my check because I have a lot of disagreements with them
too. In the report from staff the statement is made the Division of
Highways policies and operating procedures preclude satisfying the
City°s needs and desires. I think I would like the report to say
"the .Division of Highways' policies and operating procedures as well
as the State Law." -Because there are certain things that the Division
of Highways, as the City Staff well knows, is not within their preroga-
tive. So it is not all cut and dried, it is a matter of discretion
on the part of the engineers of right-of-way. There are some State
Laws which I think are a little inappropriate but I am in West Covina
and not Sacramento. I just wanted to throw that in so when I get paid
next week I will feel justified. I may not be right.
ORDINANCE NO. 1178 The City Attorney presented:
ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA PROHIBITING
THE SINGLE FAMILY RESIDENTIAL USE OF
PARCELS OF LAND WHICH ARE CONTIGUOUS TO THE SAN BERNARDINO FREEWAY
OR ITS SERVICE ROADS WITHIN THE CITY OF WEST COVINA PENDING THE
COMPLETION OF A ZONING STUDY OF THE AREA AND DECLARING THE URGENCY
THEREOF TO TAKE EFFECT IMMEDIATELY."
Motion by Councilman Young, seconded by.Councilman Lloyd and carried,
to waive further reading of the body of said Ordinance.
Motion by Councilman Lloyd, seconded by Councilman Young, to adopt
said Ordinance.
Councilman Young: Mr. Mayor, I have a comment. Anybody that
wants to come in and risk the capital to
build a nice new residence right in the area
affected should be told to go right ahead because I just can't imagine
anyone being that foolish but this is going to preclude people from
their own lack of foresight at this point.
Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
SOUTHERLY ANNEXATION Mr. Wakefield: This is a resolut.Im
DISTRICT NO. 213 requesting that the area
included in Southerly
Annexation District Noe'`;`213 be excluded from the County Fire Protection
District with the City°s;obligation to begin July 1, 1972.
RESOLUTION NO. 4480 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA DESCRIBING A CERTAIN PORTION
OF THE CONSOLIDATED COUNTY FIRE PROTECTION
DISTRICT WHICH HAS BEEN INCLUDED WITHIN THE CITY OF WEST COVINA AND
DECLARING THE SAME WITHDRAWN FROM SAID DISTRICT."
Motion by Councilman Lloyd, seconded by Councilman Shearer, to waive
further reading of the body of said Resolution. Motion carried.
Motion by Councilman Lloyd, seconded by Councilman Shearer, that City
Council adopt said Resolution. Motion carried on roll call vote as
follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
CITY COUNCIL 11/22/71
HEARINGS
Page .Nine
UNCLASSIFIED USE PERMIT NO. LOCATION: West side of Azusa Avenue,
155, REVISION 1 north of Rowland Avenue known as
HOWARD D. STEWART 551 North Azusa Avenue.
REQUEST: Approval of an unclassified
use permit revision to allow a mini -bike trail ride in conjunction
with,an existing bumper car track and miniature golf course.
Recommended by Planning Commission Resolution No. 2361. Called up by
Council on October 26, 1971.
Mayor Chappell: This item was called up by myself to clear up
a few points that I. had questions on. The
first one pertained to the .fact is this what
we wanted in that area and did it fit in with our North Azusa Avenue
Plan. Mr. Aiassa, may we have the staff report?
Mr. Yamasaki: The Planning Commission did adopt Resolution
Ass°t. Plan. Director No. 2361 approving the Revision to the
Unclassified Use Permit. It is on a
recreational parcel of land on the west side of Azusa Avenue north
of Rowland. The zoning on the property is agricultural. The applicant
requested approval of this revision to the unclassified use permit to
allow a mini -bike in conjunction with the existing bumper car track and
a miniature. golf course. The Commission found the use would augment
the recreational facilities within the street and also determined the
noise .is not a problem from the bumper cars and the mini -bikes
demonstrated the noise level was sufficiently low. They also
examined the hours of operation with one of the schools close by and
the nearest residences. (Slides shown of the area, location, etc.)
The Commission did want to review the use of the property annually
and also required landscaping buffering on the westerly property line
as well as the southerly property line. (Slides shown of property.)
The Commission also required treatment of the trails to eliminate
dust and the total number of bikes limited to 10. The Commission did
find the findings for the Unclassified Use Permit have been met, the
site is of adequate size and does not increase the parking demands.
There is enough parking space there to absorb the additional cars
generated by the use. Azusa Avenue is also a high volume street and
can absorb the traffic generated and therefore the Planning Commission
dial adopt .Resolution No. 2361 approving the application for the
Revision 1 application to Unclassified Use Permit No. 155.
THIS IS THE TIME AND ,PLACE .FOR THE .PUBLIC HEARING ON UNCLASSIFIED USE
PERMIT NO. 155, REVISION to
IN FAVOR
Howard D. Stewart (Sworn in by City Clerk)
551 :North Azusa Ave., I have four teenage .children myself and I
West Covina realize the energy they have and the need
for recreation. In my own home I furnished
quite a bit of this so my children feel they can bring their friends
in and not run around getting into trouble, So when I took over the
operation of the m,indature golf course about a year and a half ago and
put in the bumper cars I had envisioned more of a family recreation.
atmosphere where young people could come with their parents or alone
•and enjoy themselves and have fun under conditions that would not
cause problems to the City or t$e Police Department.
As I stated at the Planning Commission meeting
this .trail ride as we envision it will be completely covered with grass
and shrubs alongside of the trail and these bikes will be geared down
below their standard gearing so children can come and ride a mini. -.bike
perhaps not having the opportunity to do it in any other way. There
will be no dust problem. The mini -bikes we use will be very quiet.
I brought one to the Planning Commission meeting and they rode it and
listened and in fact I have one here tonight if you would like to hear
it. There is no noise problem at all.. I can't see that it would be
9
CITY COUNCIL 11/22/71 Page Ten
HEARINGS: UUP #155, REV. 1-
objectionable to any of the neighbors, in fact as has been proven by
the bumper cars the traffic on Azusa Avenue is much noisier than any
noise from our operation. I can't think of anything else unless you
have some questions that I might answer. Thank you.
IN
OPPOSITION
(Sworn in by City Clerk)
Gordon Browning
I am very much in sympathy
for the need of
600
N. Eileen
recreational facilities
and I do appreciate
West
Covina
the opportunity to speak
on this issue
because I am personally
convinced this, is not
the
type of recreational
facility that will serve
the community or
the
young people therein.
No. 1, I am not certain in my own mind that
it, does comply with the unclassified use permit requirement of being
essential to the community. And even more important, and I can speak
for law enforcement having been 21 years a police officer and 14 years
assigned to traffic and I am currently involved in testing automobiles
and motorcycles for the Police Department -'and determining their.suit-
ability for the application of Law Enforcement and there has.,been an
lncreasing.concern in Law Enforcement of the problem and it -is a major
problem, of motorcycle riders trailing through and across the open
areas of'our country. Not only from the problem of enforcing the
law as it pertains to trespassing but because of major .injuries
occurring in areas almost inaccessible to ambulances and vehicles
to remove the injured bodies.
Another major concern of the motorcycle indus-
try, law enforcement and the environmentalists is the serious problem
of the destruction of the natural scenery in and around the country
in open areas and I would be quick to suggest that the motorcycle
industry is concerned about this. I was talking to Mr. Hutchins
of Harley-Davidson just last week and he said in all probability
there will be major legislation in this :area because it has become
such a grave problem. Now I bring this up because I am convinced
and I am absolutely certain the National Safety Council and law
enforcement agencies would support my contention, that this type of
facility will encourage and condition very young people and when I say
very young I am talking about 8, 10 or 1.2 year olds to become
involved in trail. biking.at a time when it is becoming an increasing
problem within our society and therefore my contention is that.this
particular type of recreational use is not a desirable.type of
facility. I don't quarrel with the need for family recreation and I
would be very quick to say that I have listeA6d to these motorcycles
and noise.would not be.a problem:and'riding would not be a problem
and I live closer to that facility than any one else. I live in the
property immediately adjacent to the .Pioneer School.
Dust, if Mr. Stewart abides by his conditions,
will not be a problem. My main concern is strictly the type of
facility and whether it will really serve the best interests of our
young people. If the Council in its wisdom chooses to act in favor
of this particular request I.would certainly urge that some effort
be made to see to it that the conditions of the Unclassified Use
Permit would be abided by. It was pointed out at the meeting of
• the Planning Commission that as of the time that Planning Commission
meeting was held and i:t.was about a year after this permit had been
granted, certain conditions had not been abided by Mr. Stewart.
I thank you very much for the opportunity to speak on this issue.
Gene Kritchevsky (Sworn in by City Clerk)
616 N. Eileen I am not 100% convinced that the
West Covina minimization of 'the noise problem is as
valid as indicated. I would like to
suggest a couple of things for the Council to look into, as one who
is rather experienced in setting up very good experiments and knocking
down crummy ones. Namely, I think the Council should find a mini -bike
- 10 -
CITY COUNCIL 11/22/71
HEARINGS: UUP #155. REV. 1
Page Eleven
tract where they have 10 bikes operating at once. Take some of
your homework there for an hour or two and sit as far away from it
as Mr. Browning°s backyard and see how long it takes you to get
your work done. Next you might try laying down somewhere in the
•equivalent distance of Mr. Browning°s patio or mine and spend several
hours listening to the noise and seeing how that affects you. And
third, you might try laying down inside of the house and try to go
to sleep with the noises in the background and see how that comes
through. If you can fulfill these three conditions of a very valid
and necessary experiment and still find it is okay, then I am all
with you.
REBUTTAL
Mr. Stewart: I think most of the things were covered prior.
One or two items were mentioned that I would
like to comment on. One was the conditions
of the;,original Use Permit. There was a time when some sidewalks
were put in and planter boxes on which time extensions were granted
to me, I wasn't required then to put it all in before I opened,
which I understand is a modification. In other words the improve-
ments for the installation of the mini -bikes it -is necessary that I
put in all the improvements before I open.
I feel perhaps the mini -bike trail ride
would condition the young people to perhaps give them a desire to
ride mini -bikes but I feel this is a desire they all have anyhow
and having a track of this type - it is a single file trail track
well I think this in reality .would to a great extent fulfill this
desire that is natural to youngsters to ride this type of vehicle
rather than inducing in them a desire to buy one and ride it
illegally perhaps. This is really all I have to say. Thank you.
THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED.
COUNCIL DISCUSSION.
Councilman Nichols: Mr. Mayor, I would suggest that I would like
to hear this machine roll and revved up
and racing at its top speed and from that
I will try and judge what it is li-�':to study or go to sleep with
1.0 bikes moving.
THE CHAIR CALLED A 15 MINUTE RECESS FOR THE PURPOSE OF WITNESSING
THE MINI -BIKE IN THE PARKING LOT OF CITY HALL. COUNCIL
RECONVENED AT 8:32 P.M.
Councilman Lloyd: Obviously we are dealing here not with the,
noise and not with a small amount of
pollution, we are dealing with a concept
and unfortunately I don't know how truly objective I can be. As I
explained to someone outside I have a motorcycle parked in my
garage and there is only one thing that describes my attitude,
particularly these new branch of trail bikes, etc., I flat out hate
them, I have been through the whole situation myself. I find
• them repugnant. I am offended by the total concept and I_am sure
I am now demonstrating my age when I say these things because you
are supposed to love all of the things youthful, but I think in the
total it places a burden.on the parents to say "no" to a child and
he rides the bike which in itself is not the problem.
I feel very certain that there are going
to be a lot of parents unhappy with this Council should it decide
to allow the installation of this, when they get their kids up
there and the kids are grinding on them for a mini -bike which will
not be ridden in this controlled situation and will. be ridden up and
down the streets with oftentimes a great lack of parental control.
CITY COUNCIL 11/22/71 Page Twelve
HEARINGS: UUP #155. REV° 1
So I would have to find another area of recreational devices, back
to the gyms, or even square dancing or whatever else, but I am not
really for this type of thing. I don't think this community needs
it. I would have to be kind of against it.
Councilman Shearer: Well,I have the same basic feeling with loud
motor bikes,, mini -bikes or anything with
two wheels and a motor. However,, I don't
think in this situation my own personal feelings - and with all due
respect to Mr. Stewart - because I won't be patronizing the facility
if it is built. And he might not let me on one of those little
things anyway, no.r would I hope that my children would. So I feel
sort of the opposite, I feel if a facility like this is provided it
might have the opposite effect,, rather than encourage it might
satisfy that occasional craving on the part of the youngster to ride
one rather than beg the father to buy one. I am not concerned with
the noise, I don't feel it is a problem. I doubt with the noise on
Azusa Avenue that you will even know it is there. We did patronize
the bumper cars once and I wasn't particularly excited with that,
however there again the noise wasn't a problem and I think it is at
even a higher level than what I heard this evening. So if:there are
enough people in the community who will pay whatever Mr. Stewart
charges to ride on the trail I would say let's let them have that
opportunity.
Councilman Young: I think both councilmen have made compelling
points, even though somewhat to the
opposite. I intend to vote in favor of the
request. .The problem is,of course the mini -bike is apparently a
legal device. You can go and buy them. I think I have mentioned
on this Council before that I have a 13 year old client who is now
a three time loser before the Juvenile Traffic Court for riding
a mini -bike on private property. This was prior to my becoming a
Councilman, I don't take that type of case anymore because it involves
the West Covina Police Department. I think the community problems
are not particularly serious .in light of the noise demonstration we
have had. If it does prove to be a problem that has to be abated,
I trust we have abatement procedures available to the Council and
it certainly would come up in the annual review. I think what we
really need to meet the issues raised by Mr. Stewart - and I think
they are very good issues m what is needed is more wide open space
for people to go and do the things they are invited to do by the
things legally put on the market for them to buy and use. It could
well be as Councilman Shearer says, that this particular activity
might forestall the purchase of a mini -bike. If this grating and
grinding takes place and there is an unwilling parent,,I trust that
parent will rise up and say "no" as we have all done occasionally
in the face of our children°s pressure. It is perhaps obvious
that Councilman Lloyd has a son and I have only daughters m we don't
have any mini -bikes at home. I will vote in favor of the use.
Councilman Nichols: If I were to vote my bias I would be voting
°'no ". I can't vote the morality of -the
issue, that is that mini -bikes are bad or
worse and say well we are_at least going to put a crimp in the
market of 10 functioning when they are functioning all over the City
40 now against the law. As intimated they are running around in parks
and school grounds in violation of the law day after day. Parents
are buying them and telling them to go up to school and ride them
after school. So I don't think this is a tremendously psychological
decision we are making here one way or the other. I think of it
simply as an application that has to be decided on the merits in
terms of the land use. I think if there has been an error the Council
may in .fact have made it in extending the type of recreational use a
year and a half ago to motorized uses, But this Council did it, and
I sat here a year and a half ago and did it and to propose we now
do not allow something perhaps less offensive along the same line
12 -
CITY COUNCIL 11/22/71
HEARINGS: UUP ##155, REV. 1
Page Thirteen
isn't very consistent. I think the question I had was is this an
offensive use and as near as I can judge from the application and
the sound it is not offensive. Watching Mr. Stewart, I feel it
may be a little dangerous but that's for him to worry about and me
to stay away from. So I am going to support the application
• because I can't in good Conscience vote my bias.
Mayor Chappell: I called this item up for several reasons.
First of all, was it a proper use for the
North Azusa Area? I really had envisioned
better usage of the land but I also have at times had mini -bikes in
my garage and the tremendous noise they created, so even though I did
read they weren't noisy I had to see it myself to be convinced.
I still don't think it is a good project for this area. I have
viewed the bumper cars, my boys have ridden them and we had some
provisions to this which have not been done and now we have to come
back and temper everything with the fact that you will have to do it
before you open your project. I don't know if we are working with
the greatest amount of cooperation possible. I rode by the place
today and the weeds are still in the plantings put in and to me it
doesn't look like something I would want to have on Azusa Avenue.
But I count,too,.and regardless of how I feel on this we will probably
have it for at least a year or until some of the provisions are not
kept up.
Councilman Nichols: Mr. Mayor, one additional observation.
If Mr. Stewart in fact has not complied
fully with the permit issued, it hasn't been
brought to the attention of the Council before. If the landscaping
has not been kept up and it was part of the conditional use permit
and he is in violation, staff has not notified us of this. If that
were so and the staff were saying this gentleman is applying for a
revision of a permit in which he is in violation now, I wouldn't
vote to extend it at all until he did come in compliance, but in
reading the report it doesn't indicate that. Does the chair wish
to pursue that line further by asking for staff testimony?
Mayor Chappell: I was going to ask staff to bring us up-to-
date.
Mr. Yamasaki: We have been working with the applicant
Ass°t. P1n. Director on especially the landscaping and screening
requirements for his bumper cars and
Mr. Stewart has a method of operation of
cash on the line rather than extending himself and he has made
progress each time staff has visited the site and we were satisfied
that he had made enough progress under the circumstances he operates.
We do not intend to imply that he has met all the requirements.
Mayor Chappell: But you as Staff are satisfied with his
progress?
Mr. Yamasaki: Each time he has added a little more and
we were satisfied that his intentions were
there.
Councilman Nichols: Well if Staff .is satisfied with his
compliance efforts than certainly the
councilman is.
Motion by Councilman Young, seconded by Councilman Nichols, to grant
the Unclassified Use Permit No. 155, Revision 1 on the conditions
specified in the Planning Commission Resolution No. 2361. Motion
carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols,.Young
NOES: Councilmen Lloyd, Chappell
ABSENT: None
1.3
CITY COUNCIL 11/22/71
HEARINGS
VARIANCE NO. 667
GLENN E. and
JOYCE A FUTTER
Planning Commission
November 5, 1971.
Mayor Chappell:
Page Fourteen
LOCATION: 1223 E. Elgenia Avenue
REQUEST: Approval of a variance to permit
a covered patio in the required rear yard
of an existing residence in the Rml (one
family) Zone, Area District I. -Denied by
Resolution No. 2360. Appealed by applicant on
Mr. Aiassa, may we have the Staff report?
Mr® Yamasaki: Mr. Mayor and members of Council, the
Ass°t. Plan® Director Planning Commission did hear this applica-
tion for a Variance for a covered patio in
a rear yard of an existing residence. (Slide shown of property and r/
explained.) Property is zoned R-1, Area District I. The Commission
examined the criteria for a Variance and denied 'this re4que_st finding
the property had no real extraordinary circumstances not applicable
to other properties in the same area and zone® And in fact that it
is a self-imposed hardship. That there is enough area in the rear
yard to locate a patio that would conform to the setback require-
ments of the zone. (Slides shown and explained.)
The other criteria that the Commission
examined and found is that the Variance is not necessary for the
preservation of a substantial property right possessed by others
in the same vicinity and zone but which is denied to the property
in question, and the approval of this Variance would set a precedent
for similar variances in this general area® The Commission found
the granting of this Variance would be materially detrimental to
the public welfare as a potential downgrading of the residential
character of the neighborhood and the required showings of the
Variance had not been met and the granting of this Variance would
be in conflict with the goals of the General Plan, which calls for
preservation of the high quality character of our residential areas.
The Commission therefore adopted the Resolution No. 2360 denying the
application for this Variance.
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON VARIANCE NO. 667.
IN FAVOR.
Glenn E. Futter (Sworn in by City Clerk)
1223 E. Elgenia I really don't know where to start. I am
West Covina kind of nervous at this® At the Planning
Commission hearing one gentleman said he
felt if they granted it it would be giving me special favor and since
then I have taken some pictures of existing property that I would like
Council to look at, showing that the rest of the property along there
does not have the exact same thing that I have in my property. Staff
had recommended in favor of this Variance request, You will note
in the pictures the gentleman next to me has a building on the line
and he has a permit from the City, The only thing I can't understand
is why one person can build a building on the line, pay a $4 permit
fee and I have roughly $146 so far at this point in it and I don't
know if I am going to be able to keep it or not. Thank you.
• IN OPPOSITION
Evelyn Gates (Sworn in by City Clerk)
1150 E. Elgenia I just believe we should stay with the
West Covina Standard Code and not make any Variances
because they were made for a special zone.
Thank you.
REBUTTAL
Mr. Futter: I have to go along with what she says to the
fact that they should stay with whatever the
Code is, but I feel there shouldn't be any favoritism not that I am
asking for it. I think the Assistant Planning Director at the
14 -
CITY COUNCIL 11/22/71 'Page Fifteen
HEARINGS: Variance No. 667
Planning Commission meeting said you can build on the line as long
as you have a one hour fire wall and no rear windows. Is this
correct?
Mr. Yamasaki: The Zoning Ordinance requires a 151 setback
. from the rear yard minimum in that area
district and therefore that structure would
not be permitted except 51 from the property line. In.this
particular case it would not be approved.
Mr. Futter: As I said, the gentleman to the west of me
is closer than 51 and has a permit on it
signed by an inspector saying the whole
thing is built to Code.
THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED. COUNCIL
DISCUSSION.
Councilman Shearer: I would like some clarification on the
point that there are adjacent properties
that ared as Mr. Futter indicated/non-
conforming. Is this correct? Either by a permit or.prior actions
of the Council or what have you?
Mr. Yamasaki: Councilman Shearers I am not familiar with
precisely the structure he is speaking of
but the property to the west is improved
with a garage as well as his garage - both approximately in the
same location and that is a permitted structure in the side yard.
Both his property and the property to the west have a garage on the
property line and that does have a fire wall and no openings as
required by the building code. Those structures to my knowledge are
conforming to both the Building Code and the Zoning Ordinance.
(Councilman Shearer passed pictures to Mr. Yamasaki and asked about
a,building shown on the picture. Mr. Yamasaki said he would have to
check further.)
Councilman Nichols: Has there been any staff research to
determine whether there have been any
Variances or setbacks granted along that
street or in that neighborhood? Can you say that there are no
Variances, or can you say that you can't say?
Mr. Yamasaki: I can say that I cannot say. I believe at
the time we discussed it with the applicant
it was mentioned that there were no
precedences on the street, So I would venture to say there are no
Variances in the area. In fact that was one of the Commission's
findings that this would set a precedent in the area.
Councilman Nichols: We have all these pictures showing these
developments on the street - are any on the
property line and what are they?
• Mr. Yamasaki: I am looking atthe aerial photograph again
and there are structures within the rear
yards and I am not certain what they are
in terms of the aerial photograph. The applicant has an extension
to his garage for storage in the rear yard as a legal condition.
In fact that was the permit that brought on the investigation for
the compliance of the patio. So a structure such as his storage
area is permitted in the rear yard but not patios.
Councilman Young: What is the reason for allowing the storage
area and the garage but not the patio?
15
0
CITY COUNCIL 11/22/71
HEARINGS: Var. #667
Mr. Yamasaki:
Page Sixteen
The garage is considered an accessory use
also the storage area and that is permitted
within the rear yard.
Councilman Young: That isn't a reason though - exactly.
Why isn't the patio an accessory use too,
people sit in it.
Mr. Yamasaki: The patio would be permitted if it were 51
from the property line because of the nature
of its construction, that is what I under-
stand from the Building Code.
Councilman Shearer: But a garage or storage area would not be
allowed within 51 either?
1,�_: Yamasaki: Not without the construction of a one hour
fire wall.
Councilman Young: What actually happened was this gentleman
built the patio without a permit?
Mr. Yamasaki: That is correct.
Councilman Young: Thats:why it is called a self-imposed
hardship....
Mr. Yamasaki: That is right.
Councilman Young: And then he came down to get a permit for
extending his garage?
Mr. Yamasaki: That is right and that is when the patio
was discovered.
Councilman Young: And somebody went out to inspect and,lo,there
was the patio. No complaints from neighbors
or anyone else?
Mr. Yamasaki: That is right.
Councilman Young: Then in essence the conclusion of the
Planning Commission that the granting of this
Variance would be materially detrimental
to the public welfare, essentially the Commission was speaking only
to the integrity of the Zoning Ordinance itself and not the specific
improvement this gentleman made. Is that a fair analysis of the
Commissions view?
Mr. Yamasaki: Yes. There are four provisions that should
be met for a Variance and the Commission
felt these conditions were not met.
Councilman Young: As far as the appearance of the improvement
itself - most of the pictures are of a fairly
attractive structure - would you say ? Or
not? I can't tell much from a picture.
Mr. Yamasaki: When staff visited the site it was
relatively attractive and I understand
there were to be additional improvements
such as hiding the columns. However )if this were approved)it would
require the replacing of the walls on the property line, in order to
meet the one hour fire requirement.
Councilman Young: In other words where the covered portion of
the patio becomes adjacent to the wall, the
16 -
L`
CITY COUNCIL 11/22/71
HEARINGS: VAR. $#667
Page Seventeen
corner walls, those walls have to be one hour fire walls?
Mr. Yamasaki:
Councilman Young:
Mr. Yamasaki:
Councilman Young:
That is correct.
What are they now?
I don't believe they qualify for that type
of construction now. I believe it is a bit
of stucco on frame.
Is that correct, Mr. Futter?
Mr. Futter: Yes. May I say before I started the
procedure on this and the reason there was
no permit on it - in the process of starting
to build it I had my wife call the City and she told them I was going
to put up a 6" wall and asked them if we needed a permit and the
woman said "no" and she asked the lady if we put an extension on
would we have to have a permit and she said "no" and Edison has a
right-of-way and I have a written letter from Edison stating it was
a.11.right What I am trying to imply is that I wasn't trying to cover
up anything. Before I started this whole procedure I had the
Building Inspector come out and I have a written letter from the City
stating it passes all city requirements, nothing has to be done to
it according to the City.
Councilman Young: You have already built the patio? (Answered:
Yes.) Before you started building the patio
what inquiries did you make of the City?
Mr. Futter: We called the City and told them we were
putting up a 61 wall did we need a permit
and they said "no". We told them,we were
going to extend it 30" and put a covered patio over it and the
woman said "no" you don't need a permit. So before we went any
further we called Edison and I told him what I was going to do and
he sent me a letter telling me what I had to do.
Councilman Young: That was the Edison Company and you built
it according to what they said?
Mr. Futter: Right and I have had it up two years. I
put the pool in and that is when the
Inspector dame out and said I couldn't
have the patio. That is when I started the procedure to get the
Variance. Before I got the Variance I called the City and had
them send out an inspector because if it took $500.. to fix it
it wasn't worth going for a Variance at $100.. but that is when he
said it passedall city codes.
Councilman Nichols: You have a letter in your possession
signed by an inspector of the City of
West Covina stating that patio structure
as it stands today meets all city code requirements?
• Mr. Futter: Yes sir.
Councilman Nichols: Do you have that letter with you ?
(Answered: Yes) May I see it? (Mr. Futter
gave a letter to .Mr. Nichols.) I would
like to read into the record for purposes of this he.aring a letter
dated May 7, 1971, addressed to Mr. Glenn Futter, 1223 E. Elgenia
Avenue, West Covina, "Dear Mr. Futter: The structure built in
your backyard area without a building permit is constructed con-
forming to all the requirements of the City of West Covina°s
building codes but this structure does not comply with the City°s
Zoning Ordinances regarding minimum yard standards. Very truly
yours, Marvin Bleck, Supervisor of Building Variance Regulations."
- 17 -
CITY COUNCIL 11/22/71 Page Eighteen
HEARINGS: VAR. #667
That seems to be in variance with the statements made this evening
to the effect that it does not meet the one hour fire wall
requirements in the building code of the City of West Covina. So
we have some sort of difference of opinion here.
• Councilman Lloyd: Mr. Yamasaki, what was your recommendation
on this thing to the Planning Commission?
Mr. Yamasaki: Staff's recommendation was approval of the
Variance.
Councilman Lloyd: It seems to me what Councilman Young has
stated was that the guy built a patio
without mickey-mousing it up and now all
of a sudden he finds himself in the soup and the remedy is that he
must tear everything down including the wall. Is that right -
Mr. Yamasaki?
Mr. Yamasaki: At least down to the 6' concrete block
wall.
Councilman Lloyd: That begs one question - in our regulatory
situation in our society who is served - -
let's assume we say go ahead and take it
down - - who has been served by the whole thing? His neighbors?
His neighbors didn't even know it was up or if they did they didn't
pay too much attention to it, couldn't care less apparently.
The next question is, will it do him some good ? Apparently not.
He would like to have a patio. And)lastly,we come down somehow to
the fact that we will shake the very foundations of some of the
laws of our City. I am sure I am going beyond my office in this
whole thing but I don't think that any good purpose is going to be
served if we don't grant the Variance. It is one of those things
that just happened. The intent was not to deprive or to destroy.
From the pictures and from what I have been told by the Staff
report, nobody is really against it but because we have an ordinance
that might be shaken a little bit why all of a sudden we are
incapable of making any decision but to go ahead and take everything
down. I am not offended by it and I think we can jadJudica.teJhese
things that have to be adjudicated 'by this,- legislative moody without
being torn apart by some precedent setting on it. I think
precedence has its place but I also think these people have done
nothing to offend my sensibilities and I am not concerned that
the City of West Covina will be greatly deprived of anything in this
case. I believe we should have a law and try and follow it and I
think there are probably many cases in this City where people have
built things and failed to mention or haven't gone as far as
Mr. Futter has in even bringing it to the attention of City Hall
and not with any intent to somehow deprive society. I think we
have arrived at a point where a little consideration of mercy is
not really unwarranted. I would be favorably disposed to the
Variance.
Councilman Young: I will join Councilman Lloyd's vote, but
not for all his reasons. The principal
• reason I have is that there has been no demonstrated effort
whatever by Mr Futter to strike a blow to the integrity of the
Ordinance. It sounds like he acted in very good faith before he
commenced construction. It does demonstrate a lack of communication.
This isn't really anyone's fault. You call the Engineering Department
and you ask an engineering question and get an engineering answer, but
at the time it would have been nice if the lady had said I suggest
you check with the Planning Department)however,because there may be
a zoning requirement. But there being no obvious effort here to
subvert the ordinance by Mr. Futter, he has shown good faith, I am
going to join Councilman Lloyd. If it were otherwise and he
simply built something without making any checks )then I would be
- 18 -
CITY COUNCIL 11/22/71 Page Nineteen
HEARINGS: VAR. #667
inclined to go along with the Planning Commission and say tear it
down, but Mr. Futter has shown too much good faith for me in good
conscience to say tear it down. So it may stay with'my blessings
as far as I am concerned.
• Councilman Nichols: West Covina is well populated with varying
types of structures that don't have
variances. I have been in some of the best
homes in the City, visiting some of the finest families and I
wouldn't want to take the City Inspector with me. I subscribe to
the sentiments that Councilman Young has expressed. I think intent
has a great deal to do with it. I will add one other personal
thought. If this was offensive to citizens in the neighborhood and
they were complaining,then I think I would be obligated to uphold the
letter of the law. They would be entitled to get that from their
Council. We really don't have evidence here that there is great
citizen concern because of the location and nature of the structure.
It doesn't appear really that it would become offensive, it does not
appear hazardous to me and I certainly concur this gentleman has
attempted in good faith to be a good citizen in the matter and
a comedy of errors interceded that resulted in this violation.
Staff in turn has done what it could do in attempting to cause the
infraction to be removed and it evolves now for Council to make the
decision. I,too,would vote in favor of this particular Variance.
Councilman Shearer: Mr. Mayor, I will make it four. No
further comment.
Motion by Councilman Lloyd that Council approve Variance No. 667 to
Glenn E. and Joyce A. Futter, 1223 E. Elgenia Avenue, West Covina
and that the City Attorney be instructed to prepare the necessary
resolutions. Seconded by Councilman Young and carried.
Councilman Shearer: Mr. Mayor, I would like to reemphasize
what Councilman Nichols said. This, I hope,
is not :interpreted by staff that they
shouldn't still note violations and by no means are we saying that
violations are - shall we say - acceptable, other than in specific
instances. I hope staff continues to do their job as they have in
the past.
Mayor Chappell: I think staff understands that.
ORAL COMMUNICATIONS
Ed Zdziebkowski Mr. Mayor and members of Council, I hate
2107 W. Rexwoodto waste your time, I don't want to sound
West Covina sarcastic, rude or any of that, irritated -
yes. My first appearance in September.
before the Council we came to you as a citizen. Tonight we come as
possible criminals. Councilman L1oyd,,I would appreciate your
indulgence in hearing me out before you say I am out of order.
We were expecting some relief on Municipal Code Section 4135 due to
the fact that we do live in a cul-de-sac. .The only people appearing
on the street are visitors or stray motorists. People on the
street know where their kids are - - in my workshop. Due to my
first plea to the City Council we were referred to .Mr. Aiassa, who
referred us to Mr. Nammar, who in turn was to contact me. As of
today I have never heard from him. I never received a word from
him. I called City Hall several times and spoke to Mr. A1.e.c Andrus
and to secretaries and other people. One day I finally had the
privilege of talking to Mr. Nammar on the phone after talking
to Mr. Andrus. Anyway a meeting was supposed to be set up between
myself 'and my neighbor and Mr. Aiassa., Mr. Bonaparte and we were to
come 'to some conclusion. Well, we were notified on November 17 by
the County of Los Angeles, District Attorney°s Office. Thank you,
Mr. Aiassa. I appreciate it..
- 19 -
CITY COUNCIL 11/22/71 Page Twenty
ORAL COMMUNICATIONS
Mayor Chappell: Let's keep it out of the personal realm.
Mr. Zdziebkowski: Sorry, I better not go into this anymore.
But I don't think it is right or justice.
Here we come and make our plea and ask
the City Council what we should do and the next thing we get a
letter from the District Attorney. I had to cancel my plans now,
we were going to take off on Wednesday.
My neighbor next door, the man with the
bad back, unemployed for a year and a half now sending his boy
through college, his car is also dismantled and he doesn't have the
money to repair it. He also has to appear. Thank you, Mr. Mayor,
that is all I have to say.
Charles A. Czvetezar As Ed said, my Dad has been laid up with
2105 W. Rexwood his back for over a year and a half and
West Covina we do have three vehicles now. Recently
my Dad's second ruck blew a head gasket
and we just took the manifold off and the�ead off to fix it and
his back went out again trying to do that. We have no parts
whatsoever showing in our yard, just the truck and the car and the
other truck. The statement sent to us said we had parts and
disabled vehicles. I can see if we had stuff laying around but we
don't. We do have my brother's car out there which hasn't had an
engine in it for two years. It does have flat tires on it which
we can fix but as far as anybody being hurt by it - well) I don't see
that. Mr. Bonaparte said that no one complained about it, but I
think someone has complained about.: ite , In ::fact° I have someone in
mind but he isn't here tonight, so I won't talk about him. Two
weeks before anything happened he asked my Dad when he was going
to get rid of his junk yard and ever since then we have had trouble
with the City. Mr. Bonaparte said that he did not have anybody
complain about it that he was just travelling around the City
looking for things like this. We have a camper on jacks and he
says that is illegal too, and trailers out in front yards are
illegal over 24 hours. I went around the City and I see any number
of trailers, campers, boats sitting out in front yards and it seems
like I am the only one being picked on. We are trying hard to get
these things fixed and get them running because we like them
running but my Dad isn't working and we don't have the money. My
Mom is the only one working. So we ask if we keep these clean and
no parts lying out if we can keep them as long as it doesn't bother
anyone. Thank you.
Councilman Young: Mr. Mayor, could I inquire - how soon these
vehicles will be operating?
Mr. Zdziebkowski: Councilman Young the vehicle that the City
wants removed is a 161 Buick with the
engine torn out. As soon as I get it
rebuilt)I will probably get another junker in there, just to
work on. A hobby, something to ease my mind from my other duties.
Councilman Young: What about the pick-up truck?
Mr. Zdziebkowski: I have a pick-up truck, a sand buggy, my
wife's car and my car.. My pick-up truck
and sand buggy are operating and licensed.
But I would rather leave the buggy inside and the Buick outside
because the sand buggy looks just like a sand buggy. It runs, its
legal to stand out, it has a license.
Councilman Young: What did the District Attorney say? May I
look at it? (Received letter.) I suggest
this to you - without getting involved, once again we are in the
- 20 -
CITY COUNCIL 11/22/71 Page Twenty-one
ORAL COMMUNICATIONS
area somewhat like the situation we discussed earlier with .Mr. Futter.
Only here we are dealing with the integrity of an ordinance which
places certain limitations on property use insofar as permanent or
semi -permanent uses of certain types. Apparently this is a use that
can within a reasonable time be abated and perhaps you can find
some other fashion or location to do this type of work for even as
a temporary use it is a violation. The ordinance I don't intend
to question tonight. I would suggest, however, that a simple
telephone call to the District Attorney°s office would immediately
reinstate all of your plans. I am sure he would be more than happy
to reschedule your conference after you return from your holiday,
and make an appointment at your convenience. I would suggest you
make that phone call and at least go ahead with the plans you had.
Mr. Zdziebkowski: Well I thank you, but I already cancelled
my plans to go to Oregon.
Councilman Shearer: Mr. Mayor - are we going to discuss this
matter now?
Mayor Chappell: It is under discussion, if you like.
Councilman Shearer: I will put in my feelings on this matter.
It appears we have two problems, one is
the problem of the automobiles and the other
is the alleged problem with the lack of cooperation.by City Staff.
I don't think that is for pertinent discussion at the moment. I
think there is somewhat difference between the two matters of the
patio and the automobiles. There are provisions in the ordinance
for granting of variances for building such as a patio, but I know of
no legal provisions for granting a variance to the ordinance with
regards to disabled vehicles. I personally agree with the ordinance.
I wasn't here when it was adopted, but had I been I would have voted
for it® Monthly, we receive a report from the City Staff which
lists all of the various activities of the abatement people and I
would guess there must be 20 to 30 a month violations of this type.
So your particular situation is not the only one. You are not being
picked on.
I have a problem on my street, one which
my neighbors have complained about. I think if a poll of residents
in the community were taken you would find the vast majority would
agree it is a good ordinance. It is one to alleviate visual pollu-
tion. So) number one, I can't see a legal way of granting a
variance to the ordinance and number two, I wouldn't want to if
there were.
Councilman Nichols: A statement was made to the effect that
a City Inspector mentioned that
campers and trailers parked in public view
were illegal in West Covina. Does any member of.the staff have
knowledge of an ordinance that slipped through in the last year or
two along those lines? We don't have, to my knowledge, an ordinance
in the City prohibiting the parking of campers on jacks in the
driveways. I recall several times when staff suggested that to
Council - boats and house trailers - but I don't recall the Council
acting on that.
Mr. Wakefield: I know of no such ordinance® Mr. Mayor and
City Attorney members of the City Council. The
ordinance in question only relates.to the
storage of so-called disabled or
immobile vehicles, either in the front or side yards visible from
the street.
21 -
CITY COUNCIL 11/22/71 Page Twenty-two
ORAL COMMUNICATIONS
Councilman Nichols: Thank you, Mr. City Attorney. I support
the ordinance. I believe in an R-1
residential neighborhood it should not be
regularly used as a place for working on vehicles as a hobby or an
• a.vcca.tien or a vocation. I think if a man is doing a short term
of work on his car no one will bother him. When it becomes a
matter of constant and continuing use,it is in violation of the
ordinance. I. support that ordinance. So if I could®I would not
vote to extend that type of use in this neighborhood.
Councilman Lloyd: I gathered there was some impression on
the part of the speaker that there was
something personal on the part of the
Staff and I honestly don't believe that is so. I believe if the man
tells you he happened to be in your area,I am sure that is the way
it happens. He covers a major city of almost 70,000 people and
we "as the Council have to make one basic assumption, that is,the
Staff hired to administrate the City are really doing the things
they are supposed to do in the manner prescribed. I am sure .that
not all of us would agree with all the administrative decisions
but in the overall aggregate of it we have some very good people
on staff who work very hard to do their best in accomplishing the
job of administering a City of this size. They face many difficult
problems. Just in the changing of the philosophies of these five
men up here is indicative of the problems they face.
Councilman Shearer: Mr. Mayor. The ordinance the gentleman
handed me here I don't see anything in
it that would prohibit campers or
trailers or anything else that is operative —All it prohibits is
remaining more than 24 hours anything that is being dismantledg
repaired or inoperative, etc. So if you really stretched it
and said a camper shell is operative he might be able to do
something there but that is definitely not the intent of the
ordinance.
Mr. Aiassa: Mr. Mayor and members of City Council,
I want to say that our staff has been
policing the entire city and we are not
picking on any one individual or collective group, but there is a
difference where a camper, truck or whatever is left in a semi®
disrepair nature and left for weeks and months at a time. I think
in the front yard the zoning ordinance has some control if it
turns up to be a permanent structure. I believe this came up at
the time of the paint -up, clean-up campaign when we had so many
cars in disrepair. One party was putting,a car out in his front
yard every week selling parts for salvage. These were glaring
types of problems and Councilman Shearer pointed out there are
25 to 40 a month. So if we were .picking on anyone,,we wouldn't
have time to handle 40 cars a month. I personally don't go
into the details of the actual violations, these are usually
handled through my staff and the D.A.°s office. Unless it is a
situation of hardship and impossible to solve then I interfere
and try and work out a solution. These are usually the
complicated sign situations but normally on the regular abatement
situations we give them all the time in the world, we try to
cooperate, we try to be reasonable and sometimes it gets to a
point where we lost all our chances of compromise and then the
only choice we have .is to file through the D.A.°s office. This is
the procedure we follow on the advice of the City Attorney.
Mayor Chappell:
Is there anyone
that would like
Communications?
else in the audience
to speak under Oral
22
CITY COUNCIL 11/22/71
ORAL COMMUNICATIONS
.Page Twenty-three
James Mead I refer to Agenda Item 8 (b), discussion
3833 .Nearpoint Drive of a 4-way stop sign at the corner of
West Covina Sentous and Hollingworth Avenues. I
have several items I would like to
mention to the City Council, which I feel are pertinent to the,
situation at hand
No. 1, the intersection at that corner
proceeding from the east side of Hollingworth westerly on Holling-
worth is a blind intersection. It is blind on the south by a house
and on the north by a 81 embankment which is impossible to see over.
Therefore, vehicles proceeding westerly proceed from a blind point.
On the west side of Hollingworth proceeding eastward there is now
under construction since the original suggestion of the 4-way stop
sign, residences which are designed and the foundations laid for
a rather close to the property line causing a blind area as soon as
the walls are constructed coming from the other intersection.
So therefore we will have a 4-way blind intersection.
No. 2, the length of Sentous Avenue,
running from ,Puente Road to Valley Boulevard is uninterrupted at this
time by any stopping device of any kind. This runs in excess of
3/4ths of a mile. It makes an excellent drag strip and is currently
used as such quite frequently. I think if last year's records of
the .Police Department were consulted you would find numerous
complaints of that particular type of activity. Having complained
myself I know they exist,
And No. 3, and probably one of the most
damaging things, or the thing in favor of a 4-way stop sign is the
fact that we just recently have confirmed from the School District
that double sessions are in fact taking place as early as January,
1972, This means that children will be using that crossing area
from at least an hour and a half earlier in the morning to at least
an hour and a half or two hours later in the afternoon, expanding
the total use of that crossing area considerably. As far as the
residents of the area are concerned this greatly increases the
danger to the children in the area. These are the three facts
in the opinion of the parents - and I have three children crossing
that section at this time,
I am also President of the Hollincrest
Helpers, the Parent/Teacher Organization in the School and I find
that a large number of people in the organization also feel, as I do.
I think these things are new, the blind intersection, the fact that
Sentous Avenue is uninterrupted but the main fact is that we will
now have double sessions coming upon us greatly exposing our
children to an even greater hazard. Thank you.
ORAL COMMUNICATIONS CLOSED. COUNCIL DIS-
CUSSION re TRAFFIC ,MINUTES.
Councilman Nichols, I would like to ask Mr. Mead if he would
repeat - I missed one statement - the
distance that vehicles can travel uninterruptedly?
Mr. Mead: From Valley Boulevard to Puente Road is
in excess of three quarters of a mile.
There .is no stop sign as you enter from either direction, there-
fore you can proceed in excess of three-quarters of a mile and
the street at that point is the width of.a 4-lane street. It is
an excessively wide street.
Councilman Nichols: Thank you. Somewhere along the line I
entered a degree of confusion, Do we
have any stop signs at that intersection at present?
23
CITY COUNCIL 11/22/71 Page Twenty-four
ORAL COMMUNICATIONS: Council Discussion
re Traffic Minutes
Mr. Mead: We have a 2-way stop sign on Hollingworth.
Councilman Nichols: Which is the street that has the bank high
• on the right as you come on?
Mr. Mead: Hollingworth.
Councilman Nichols: When the children were injured they were
on bicycles and was there a death in that
situation? (Mr. Mead answered "yes".)
And they were coming down Hollingworth? (Mr. Mead answered "Yes".)
Now I am clear in my mind and it is as I was thinking it was, but I
was confused when you talked about a non-stop. I did drive down
into your neighborhood and I did drive along that street. I find
that the conclusions I reached are different than the conclusions
reached here® For instance, the Staff analysis places great weight
on the fact if cars are stopped _-at crosswalks that they are required
to continue to yield the right-of-way, etc. It.'.seems to me the big
problem here is that you absolutely must be stopped and moving
forward at about 1" a second in order to achieve the sight distance
that is being discussed here. I know as I drove along the street
and came up to the intersection the bank on the right absolutely
and totally blocked out my view and my best recollection is that I
had to cross and be actually entering the street before I could in
fact get any view of the street® That.is about as blind a corner
as you can possibly get anywhere. The area of concern that I have
generated is that most cars do in fact stop. I am not really too
much concerned that kids in the crosswalk are going to be struck by
a car. It is possible. It is a hazard everywhere. But I know
from my own experience that the minute the kids get across the
street and are on their way home they are just as likely to get
hit when they dart back out in the street. I send them out of my
school and stand out there and yell at them to cross in the cross-
walk and they get a little way down the .street and zig across one
way and back the other and kids,wi.11 do that.
My area of concern is kids on bicycles
don't observe stop signs. They come shooting down these streets
and we see it every day., All of us driving motor vehicles have to
exercise a great deal of caution when kids break the law on
bicycles. Now if you create an intersection, particularly a down-
hill intersection where kids on bikes tend to come lickety-split
and you create a situation where the vehicles have no chance to
anticipate them visually until the vehicle itself is in the
intersection, I think you create the ingredients for a serious
accident® I think that is exactly what occurred there because
the vehicle involved was blind and had he stopped completely and
put his car in gear and shot into the intersection he might just
as well have collided with that kid because he couldn't see him.
Unfortunately the Staff report doesn't go into that area at all
of the vehicular hazard, it focuses entirely on the kids using
the crosswalk. However, the serious accident that occurred was
a wheeled vehicle. More and more of the children are going for
bicycles, the rage for 10 speed is going down to little kids,
And more and more of them are on these wheel's. When they come
down that street their vehicles come across from a blind inter-
sectionlaccidents are going to happen. I think, at .least to some
extent, you can slow down the probability of it happening by
putting in a 4-way.stop sign® I don't frankly see so much
difference between the two intersections being discussed here and I
see in some respects, particularly with that bank up there, that
this is a far more hazardous intersection than the other one.
I will not claim to play the role of a
traffic expert but in terms of my view of it and what I saw of it
as a hazard, it seems to me that it warrants a 4-way stop sign
24
CITY COUNCIL 11/22/71
Re. Traffic Committee Minutes
.Page Twenty-five
and I will vote to request it when the time comes.
Councilman Shearer: Mr. Mayor, I guess I have been watching
too many football games, but I am going
to reverse my field tonight from what I
said last time. First of al1lI disagree with the sight distance
problem. I visited the area and drove all 4mlanes. I sat at the
intersection for quite a bit of time one afternoon and observed
five boys crossing the intersection in an east -west direction and
three of them didn't stop and had there been, as Councilman Nichols
indicated, a vehicle coming north -south on Hollingworth it would
have resulted in a very scared -boy, a driver and an observer. One
did stop and the other started from one side of the street so I
don't know if he would have stopped or not. So potentially 80%
could have run the intersection.
The thing that convinced me to change
my mind,and I think that is partly what we are here for is to take
the pure academic recommendation of staff and interject a little
human kindness,.wasa.young boy came up on his bike while I was sitting
there and asked me what I was doing and I told him I was observing.
He started talking and claimed to be a friend of Benji, who I
assume was the boy killed last May., I didn't tell him what I was
doing or who I was, but in the course of the conversation he said
"you know this is a dangerous intersection." I thought to myself --
here was a 12 or 13 year old boy that said that is dangerous. Now
if he could recognize it as being dangerous maybe there is something
there that all of us professional engineers with all of our
education, professional licenses, etc., missed. So if the City can
gain the concurrence of the County, I understand there is still a
problem there, I will vote to okay a 4-way stop sign.
Councilman Young: I am willing to make a motion that the
City Staff be directed forth with to
seek the concurrence of the County and to
install a 4-way stop as soon as feasible at the intersection in
question,
Seconded by Councilman Lloyd and carried.
.Mayor Chappell: Is there anything else in the Traffic
.Minutes that we want to discuss?
Councilman Young: Yes, I have some further comments.
I think perhaps Councilman Nichols has
covered the psychological points very
well. The Staff makes a recommendation, The recommendation is
often a result of some warrants that have been developed by the
League of California Cities and other interested. organizations
I suppose, and we sometimes almost blindly adopt these things
based on some warrants which 'were developed under general situations
and not unique to the specific problem involved. I think the
action just taken is an example of not sidestepping our
responsibility but perhaps meeting our responsibility, so I
appreciate Councilman Nichols' comments.
• I was also concerned about the warrants
with respect to flashing signals. I somewhat agree that the
flashing yellow signal, page 4, is subject to warrants but to me
there is nothing like a red light to get my car stopped fast.
This is why I continue and once again urge that we look into the
situation of the midblock pedestrian -activated traffic signal at
the $6500 level which might well be the answer to these critical
situations of crosswalks and crossing guards throughout the City
where we are dealing with children.
We have the warrant that says we only
approve the suggested safest route to school, for example, but we
25
CITY COUNCIL 11/22/71
Re. Traffic Committee Minutes
Page Twenty-six
forget that the shortest distance between two points is the straight
line and whatever the suggestions might be,,i.t may well not be
followed by those who are doing the walking. Like the sign says
to the bicycle rider "stop° but he balls right on through. We have
to face the fact that people are this way.
• Mayor Chappell: I wanted to make one comment on the Junior
Women°s Club Safety Hazard Hunt. I think
they put a tremendous amount of time into
it. As I read through the recommendations I noted a number of
items had been corrected and changed. I think they should be
commended for the amount of time they took putting this Safety
Hazard Hunt together and I hope they continue to operate in this
area to help us in our problems.
Councilman Young: That was the other point I was going to
comment on. I did an analysis on this
in a cold sort of way. I find the
Junior Women°s Club made a total of 35 suggestions, including the
Sentous and Hollingworth, 18 of their suggestions were recommended
not to be followed, 14 had been followed on or were in the process
of being followed and 3 of their suggestions had some partial.
follow through and some partial rejection. What I am curious about
is whether or not there has been prior communication back to the
Junior Women°s Club so there is not the feeling that there has
just been an arbitrary denial of these 18 items that Staff dis-
agrees with them on. Are we just coming in cold to ratify the
Staff Report without some communication back to the Club?
Obviously they have put a lot of time and work into this.
Mr, Zimmerman:
Women°s Club on this, I
suggestions and some of
on.
Mr_ Mayor and members of Council, to my
knowledge there has been no discussion
directly with the members of the Junior
think we agree with a good many of the
the others/ there perhaps were other thoughts
Councilman Young: I would like to suggest that this Council
let it be known that we would be interested
in hearing on these items that are more
or less rejected - I guess they are rejected although it is a little
bit of a strong word - but,non.etheless,that is the case, and if
there are other factors that should come to our attention because
there are a few too many things for us to inspect in the few days
we have had this report and make conclusions of our own - and I
trust Council will concur in that. For example, on..Page 15, a
school crosswalk needed at Hollencrest Jr, High School. It .is a
midblock cross walk, If kids are crossing there then we probably
should put in -a ---crosswalk whether or not it .is generally
recommended. If they are actually doing it,then let's either put
a policeman down there to give jay walking citations or put..in a.
crosswalk to add to their safety in so doing. I would prefer a
crosswalk. I don't know if any study has been madeJbut I think it
would be worthy before we turned it down,
• Mayor Chappell: Are there any further comments?
Mr. Aiassa, it appears somewhere along
the line that we are not catching all of
the items that should be caught on a routine basis such as
trimming shrubs and trees, etc. In fact, I. myself, called in one
or two locations where this was needed. When our Police Department
travels the street and our maintenance people travel the streets,
don't they note these problems so we don't get calls from citizens
telling us about these things?
Mr. Aiassa: Yes, but you realize we have a lot of
streets. Oftentimes I take a day or so
26
0
CITY COUNCIL 11/22/71.
Re. Traffic Committee Minutes
Page Twenty --seven
a month and travel through the City and try to do quite a bit of
note taking. It is kind of difficult to identify these things
at night. If you have seen the list of abatements we have
completed - well/it is fantastic. And if we get too drastic and
get tooD.Aoish, we have problems. So we try to do it quietly. We
give notice first and time and make several return trips to each
one, otherwise they become belligerent and say "well take me to
Court "", We find if we have a cooperative attitude that 99/ of
the time they will resolve their case. I have one right now about
a hedge between two property owners. We have a standard form that
every employee that drives a. car is supposed to fill out and give
it to the Safety Department. I would appreciate it if Council
would call me or my secretary and we will. get on .it real fast.
Motion by Councilman Shearer, seconded by Councilman Lloyd and
carried, to approve the Traffic Committee minutes of November 16,
1971, with the exception of Item 20
CITY ATTORNEY m Cont'da
REQUEST OF W.C.Co.E,,A. Mr, Wakefield: The City Manager
FOR FRIDAY, NOV. 26th, 1971 asked for my
AS OFFICIAL CITY HOLIDAY advice with refer-
ence to a request
from the West Covina City Employees' Association that the employees
be granted the day after Thanksgiving off as a Holiday. I prepared
a letter to the City Manager outlining my conclusions with reference
to the problem,,
The provisions of the Government Code
which establish holidays on a statewide basis in effect provides
that the City Council may provide by ordinance or resolution that
the city offices shall be opened on certain designated holidays,
However, the statute does not confer upon the City Council the
authority to designate days as holidays which are in.addition to
those provided by statute, Out own ordinance or salary resolution
in effect incorporates the holidays provided by law.
So I think the answer really is that the
City Council does not have the authority to designate the day after
Thanksgiving as a holiday., This does not mean that the City
can't accomplish whatever work rules for individual employees
it may find to be appropriate but there is not authority to close
the city offices on days other than those that are designated in
the State Law.
Mr. Aiassa: I would like to add one point to the
presentation of the City Attorney, Mr. Mayor.
I dial meet with two representatives of
the Miscellaneous Employees' group and also the .Police, and their
suggestion was to exchange a legal holiday for this Friday after
Thanksgiving. We probably couldn't do i.t.'this time, but June 6th
is a primary election day which is a legal holiday under our code
and I realize the time is short and according to the City
. Attorney we can legally open the City Hall on a, holiday but we
can't legally close it. The suggestion. I would like to make to
Council is that we review the holidays and meet with the
Employees' Associations and see if they would be willing to
maybe sacrifice certain days for other days and work out something
attainable for Council I do have a problem because we are in the
middle of negotiations and holidays and things like that are very
sensitive areas and Friday is also kind of a dead day between.
In the past the Council has been very generous in giving the
employees a choice of one day off either before Christmas or the
day before New Year's working with half staff on those two days.
m 27
CITY COUNCIL 11/22/71 Page Twenty-eight
CITY ATTORNEY: W.C.C.E.A. Request
This worked out rather well but this year both Christmas and New
Year's come on the weekend and they automatically get Monday off.
Is that right, Mr. Wakefield?
• Mr. Wakefield: Yes if it is on Sunday they get Monday off.
Councilman Shearer: Both holidays are on Saturday.
Mr. Aiassa: So there will be no additional time off.
So this year the Council could be
generous by allowing me the privilege
to have a limited staff on both the Friday before Christmas and
the Friday before New Year's allowing half the staff to go home
on each of those days.
Councilman Young: Could I speak to a point of order - Mr.
Mayor? It appears to me the Thanksgiving
problem has been handled administratively®
.It was not brought before Council. by Staff but by the City Manage-
ment, which is fine and I construe that as largely informational
at this point in the game. I would suggest if the City Manage-
ment has a recommendation as to the day before Christmas and the
day before New Year's that a recommendation be made and Council
would probably go along with it if it seems reasonable. And,
further,if there is a recommendation at some later date with regard
to the day after Thanksgiving in the -future, which is probably a
r.ather wasted day anyhow.,especially in our office,and it seems that
way in every office that I go to. Consideration might be given to
the recommendation and if it is compatible to the law and
compatible with what is reasonable to maintain our city services,
I am sure Council will consider it.
Mr. Aiassa: I would have liked to have accomplished
this sooner but because of the short time
and the legal complications involved.
Well,normally it only takes an amendment to our 1277 resolution but
Mr. Wakefield is a little more conclusive in that this is not
classified as a Holiday legally by the State, whereas the others
were. In fairness to the employees and their representatives
who made a formal request to me and as I am your agent to
negotiate with them and I have to deal through you as to what 'we
can or cannot do, this is why it was brought before the Council.
But I would like to suggest that we do evaluate the day before
Christmas and the day before New Year's as a half staff situation.
We can't give our employees bonuses,but we can give them a little
break in this manner.
Councilman Young: My point is, do you want the City Council
to go into a work session over .it? My
suggestion is that you evaluate it and
make a recommendation to us and we will either pass it or not..
Mayor Chappell: The best way to handle ity.Mr. Aiassa
is to put this down on paper and recommend
to Council and we can take it up and act on it at that time.
• Mr. Aiassa:' Fine, but the representatives of the
Associations are present tonight and I
wanted to mention it so they can bring
it before their Association.
Councilman Shearer: The smartest thing that could have been
done on this is when our illustrious
legislators in Washington changed
holidays they could have moved Thanksgiving to the fourth
Friday. Maybe we should correspond with them and request that
CITY COUNCIL 11j22/71 Page Twenty-nine
CITY ATTORNEY: W.C.C.E.A. Request
they change Thanksgiving from the fourth Thursday to the fourth
Friday. I don't know what is so sacred about Thanksgiving - if
they can change a birthday and Veteran's .Day, I think they can
change Thanksgiving.
46 Mayor Chappell: I think we have a legal finding here
which we have no authority to change,
so if there is no further discussion
we should move on to the next item.
Mr. Wakefield: I have nothing else, Mr. Mayor. The
next item on the agenda is a Community
Redevelopment Agency meeting. If the Council desires to recess
the City Council meeting at this time to convene as the
West Covina Community Redevelopment Agency, we can take up the
next item of the agenda.
Motion by Councilman Nichols, seconded by Councilman Shearer and
carried, to recess the City Council meeting at 1.0 P,>M., and
convene as the Redevelopment Agency of West Covina.
COUNCIL RECONVENED AT 10:07 P.M.
CITY MANAGER
CONSTRUCTION OF PERGOLA Mr Aiassa: Council has received a staff
AREA IN GALSTER .PARK report on this item,
Councilman Shearer expressed
concern with regard to the $10,000 park improvement capital outlay.
And the only thing is,,this is an item of the 1.970-71 budget for
capital improvements in parks.
Councilman Lloyd: Mr. Mayor, I have some comments. I think
$10,000 for the building of an item of
this type at this moment is foolishness.
You people have voted a tax raise and I think it is time for us to
view this with a little more responsibility. It may well be that
this is important to the building and construction of the Park
but in view of the economics we have been facing and in view of the
vote of this Council, I honestly believe we should hold this money
in abeyance to the end of the year and see where we are. Then if
at that time it proves feasible1we can go forward and build it.
I really think this is an item, very frank.ly)that is frosting on
the cake and in my mind it will eventually be built and I have no
intention of stopping it and holding up the building of the Park,
but I do intend that these monies or any monies at this point be
considered for use in other areas. I would like to hear from my
fellow Councilmen.
Councilman Shearer: Is this money flexible? Can it be used
for anything else or is it strictly
park capital improvements?
Mr. Aiassa: It is limited to capital improvements
in parks only. Mr. Wakefield....
• Mr. Wakefield: Mr. Mayor and members of Council, this is
part of the proceeds of the special 10(�
levy for parks and must be devoted
exclusively to capital improvements in parks.
Councilman Shearer: In that case I feel. we have a recommenda-
tion here that I assume was concurred in,
although it doesn't say so, by the Recreation & Parks Commission
and in their judgment with the meager funds we have this year that
this is a priority project and if we are limited to spending this
money for park development I don't feel I want to step in and try
® 29 -
CITY COUNCIL 11/22/71 Page Thirty
City Mgr.: Pergola Construction
and suggest alternate means. If we can hold the money and spend
it on something else then I would agree with Councilman Lloyd,
but if we are limited to park capital improvements then I think
the sooner we do it the cheaper it will be.
• Councilman Lloyd: I think the question Councilman Shearer
is asking is this $10,000 restricted to
the building of a pergola in Galster Park?
Councilman Shearer: No, that was not the question.
Councilman Lloyd: Well /I will ask that question? Is it
strictly restricted to that specific
item in that area?
Mr. Aiassa: Yes, it is.
Councilman Lloyd: Can we change it?
Mr. Aiassa: Council can.
Councilman Shearer: What I was asking was could we change it
from capital improvement in a park to
say building a fire station?
Mr. Wakefield: No, these particular funds cannot be
spent for anything other than capital
improvements in a Park.
Councilman Nichols: We do have a fire station in a park!
Councilman Lloyd: What if we don't spend the $10,000
what happens next year when we rebudget?
Mr. Wakefield: It would be carried over as a surplus
in the particular earmarked fund that it
is now in.
Councilman Lloyd: In other words you are telling me that
'we can't use it foi anything else but
that?
Mr. Wakefield: Yes sir. It is part of the proceeds of
the special 10(,' tax .levy for the past
year and levied especially for park
improvements.
Councilman Lloyd: Could we use the $10,000 in the main-
tenance of Galster .Park?
Mr. Wakefield: No sir, the funds cannot be spent for
maintenance purposes. It can only be
spent for capital improvement purposes.
Councilman Lloyd: The point I am making is I don't see this
as an important item .for $10,000 in this
year. Can we get around that?
Mr. Wakefield: The funds are not earmarked to the extent
that the Council is required to spend it
for this project or any other capital
outlay project that you think is not a priority item and for which
the money shouldn't be spent. However, it is simply a question of
policy at this point whether it is spent for this capital. outlay
project or some other capital outlay project in the park system.
30
CITY COUNCIL, 11/22/71 Page Thirty-one
CITY MGR.: Pergola Construction
Councilman Lloyd: Okay. That answers your question]
Councilman Shearer and I would have to
agree with you. We are locked into
spending $10,000 on a shade outfit when this City needs other
things infinitely more important. I think we should review very
carefully next year how we spend these monies. Personally, I am
unhappy that I have to be involved in that activity right now.
Councilman Nichols: Mr. Mayor, I think the answers given here
really amount to an interpretation of the
use of funds. There are a number of ways
the Council could do this® I can foresee quite a legitimate basis
for accomplishing what Councilman Lloyd had in mind. For instance]
next year we could just budget $10,000 less for the park capital
improvement outlay then we would have budgeted otherwise and we
save the money back again. So it is just putting money from one
pocket to the other and in the final analysis the council has the
responsibility for determining how the money is to be spent. I
think what the City Attorney is telling us is that we cannot
consciously and literally say we are taking these dollars and not
spending for that purpose. And even though I recognize times are
difficult and times are bad and if we had an honest --'flexibility of
taking these funds and moving them into the operational area,it
might be a valid point of view to say wait to the end of the year
and see how we are budgetwise or put it into a 1/2/ raise for our
employees, But in fact it is bound in this area and,in f act there
is no shade at all in dalster Park worth the name of it, and I
feel this is a worthy capital improvement and we ,spent so little
in capital outlay in the community in the last year or two that
my personal views are)even in these times of stringency I think a
1001 long covered picnic area .in our Park .is something badly
needed in West Covina. We don't have it anywhere in West Covina.
So I will go along with it and take the view that this expenditure
should be supported and should be authorized.
Councilman Young: I will join in that, Mr. Mayor. I.
understand Councilman Lloyd's position/
but I can't take quite as heated a view
Of it. I think that some years ago there was a park tax voted of
10(� and. the purpose of that was the improvement of Galster Park
and I think that is a trust to the taxpayers that paid the tax.
If I had been on the Council at that time/I would have voted
with the majority who established that tax and would somewhat
jealously see that the funds were expended in a manner committed
by the tax and this seems to be an extension of that. For my
money it looks like a lot for the money.
Mayor Chappell: We have a Master Plan on Galster Park
and we had a park tax for more than one
year and we also had a matched type
fund from Mr. Galster himself and I don't know if this $10,000
is any part of that fund or not, but I think we have a moral
obligation to complete the Park as much as possible. Having
spent many hours at picnics out in the hot sun I think this would
be an added attraction up there which would get more of our
citizens out there for picnics, rest, relaxation, etc. I think
it would be a real asset and I am in favor of voting on this if
someone will make the motion,
Motion by Councilman Shearer, that the budget of $10,000 for
park capital improvements be authorized to proceed with the
construction of the -Pergola at Galster Park. Seconded by
Councilman Young. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
31
t.
CITY COUNCIL 11/22/71 Page Thirty-two
City Mgr.: - Cont°do
EMERGENCY EMPLOYMENT Mr. Wakefield: Council has a
ACT Staff Report on
this item. The first item is to
authorize the .Mayor and City Clerk to
10 execute Amendment to the Sub -Agreement.
So moved by Councilman .Nichols, seconded
by Councilman Young.
Councilman Shearer: A question. We have authorization for
22, 18 of which of this date are working.
Is that correct? (Mr. Aiassa answered
"Yes".) And now we are talking about 7 additional for a total of
29 additional employees. A. very basic question - do we need them?
Mr. Aiassa: Yes. As Council knows we trimmed our
staff down quite heavily during our
last budget session and most of them that
we let go were needed. Particular emphasis is in the Police and
Planning Departments. In my office I haven't replaced two people
and I find myself falling behind in a lot of my work. The people
we have selected were actually field people - maintenance men,
custodians, etc. We are not stressing any of the high level
professional workers and we actually do need the indianso
Councilman Shearer: The reason I asked the question, I
don't want to ever develop the attitude
personally that because Federal money
is available we should just grab it because every Federal dollar
comes out of our pocket just like every City dollar. We are going
to be faced with the problem if and when the Federal money is cut
off of having 29 additional employees over and above what we
budgeted for this year and then we are going to be forced to raise
the revenue to cover the payroll or cut them back. I want to make
sure that just because the Federal Government is paying the bill
that we are hiring people and we are going beyond the cut. As I
recall the cut was 17 or 18 and now we are up to 29. So we are
hiring 11 additi(nal people this year - more than we had last year.
So we are not just restoring cuts, we are adding.
Mr. Aiassa: Yes, you are right, As you know we
were not able to add any additional
personnel in this year's budget even
though we had Galster Park, and a number of median strips opened;
also, I hate to see the quality of the service in the City fall.
and President Nixon gave us the opportunity to maintain the
standards for at least another two years. I can assure Council
that if funds are not available and we hope with the CBD Program
that we will be equalizing ourselves economically within a few
years to do the things we want to do for the City.
Councilman Shearer: Is this sort of a quickie"revenue
sharing program?
. Mr. Aiassa: I don't usually use that terminology/
but I think it is a f'qu.ickiel'by helping
us from getting further behind on some
of the things left undone that we need to have done. And there is
a multi -purpose to it. Some of these people will be retrained
and will probably find jobs in other areas and get better pay
scales, so it has an advantage to it for them. It is actually
a retraining program and will require effort on our part to train
these people to operate under our techniques, etc. I think the
caliber of people we examined and processed was fantastic. We
had to turn away people that would normally make exceptionally
good employees.
32 W
•
CITY COUNCIL 1.1/22/71 Page Thirty-three
City Mgr.: Emergency Employment Act
Councilman .Nichols: The probability, Councilman Shearer,
is that these funds will not be cut back
but will be continued and probably
increased. These programs get started and the aim isn't in the
area of cutting back but rather on telling you how to run the City,
and with the threat that there will be a cut back if you don't.
If you think that is just an idle conjecture) just wait around
another 3 or 4 years and you will be leaping and jumping to do
the bidding of the Federal directives for fear you lose half your
staff because you can't afford to pay them without the money you
are getting from Washington. That is the name of the game.
Mr. Aiassa:
see that started again..
Mayor Chappell:
AYES: Councilmen
NOES: None
ABSENT: None
Of course there is another side to that.
I experienced that in the early 130°s
and that was called W.PA. I would hate to
May I ask is there any further discussion?
We have a motion.
Motion carried on roll call vote as follows:
Shearer, Nichols, Young, Lloyd, Chappell
Mr. Wakefield: Mr. Mayor and City Council, may I make
just one comment with reference to the
resolution and Item 3 of the Agenda.
The draft of the resolution provides for the continuance of the
position now held by Mr. Mal.lett on the assumption that the leave
of absence request without pay would be approved.
RESOLUTION NO. 4481 "A RESOLUTION OF THE CITY COUNCIL OF THE
ADOPTED CITY OF WEST CO VINA AMENDING CERTAIN
PROVISIONS OF RESOLUTION NO. 1277
RELATING TO AUTHORIZED POSITIONS AND
SALARIES.,"
Motion by Councilman Lloyd, seconded by Councilman Young and
carried, to waive further reading of the body of said resolution.
Motion by Councilman Young, seconded by Councilman Lloyd, to
adopt said resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
APPLICATION TO CALIFORNIA Mr. Aiassa: I would like Council
CRIMINAL JUSTICE COMM. approval for me to
FOR FUNDING FOR HOT LINE attempt to make an
application on this
matter. There is a communication from Dr. Snyder, which Council
has received, along with application forms to subsidize the Hot
Line. The City Attorney has gone through this thoroughly and so has
my staff. We are not committing Council to anything but just
making a preliminary application and if they do approve the
application then we have to have SCAG and a few other organizations
approve it,
Councilman Nichols: Is this something the Hot .Line itself
cannot apply for?
Mr. Aiassa: Right. It has to be a governmental
agency.
Councilman .Nichols: Then the Hot Line would become a
governmental operation?
33 -
<-
CITY COUNCIL 11/22/71 Page Thirty-four
CITY MGR.: Application re Hot Line
Mr. Aiassa: Well, let me say this/ getting back to the
governmental Employment Act - - who is
now sponsoring Hot Line? Governmental
Agencies, almost primarily.
• Councilman Nichols: You missed the point of my question.
If a grant were achieved x4ould .it not
bring with it the requirement that the
government operate the Hot Line? Or that the City receiving the
grant operate it?
Mr. Aiassa: There is a procedure on how it shall
operate and how it shall be controlled.
There is a meeting coming with the
Hot Line Board that will give me some input. At this time all I
would like from Council is an authorization to at least but in a
preliminary application, there will. be no commitments on the
Council ° s part.
Councilman Young: I am certainly in favor of that. I
wonder if the Youth Advisory Commission
is being kept aware of this. I feel it
is an item that falls squarely .in their area. I feel they should
be.
Mr. Aiassa: The representative was here,/but I
believe he has left. I will make it a
point that they are kept abreast of
this.
Councilman Shearer: Did the Board of Hot Line request the
City of West Covina to make this
application?
Mr, Aiassa: There are three or four other cities that
could do likewise but we were selected
because we kind of pioneered the Hot
Linea We were the ones that undertook the first volunteer program
and did the preliminary work and this is probably why they came to
us and asked us to make the application. There are 13 other
agencies involved.
Councilman Shearer: As long as they are involved and we are
not running off with the ball?
Mr. Aiassa: Oh, no
Councilman Shearer: I will move the motion for whatever
approval is necessary.
Seconded by Councilman Lloy& and carried.
Mayor Chappell: Is there anything else, Mr. Aiassa?
Mr. Aiassa: I would like a very short personnel
session with Council. to discuss a
property negotiation that we are
involved with,
Mayor Chappell: We will finish the agenda and then have
the Personnel Session,
MAYOR°s REPORTS
PROCLAMATION:
Mayor Chappell: If there are no objections
I will proclaim Muscular
Dystrophy Month, December 1971. (.No objections, so proclaimed.)
34
CITY COUNCIL 11/22/71
MAYOR'S REPORTS - Cont'do
Page Thirty-f ive
•
Mayor Chappell: I attended a meeting today with a group
of ecologists and while at that meeting
the City was given some 20 acres of
land by B.K.K. - Ben Ka.za.ria.n_, to build our youth facilities on
that we have been talking about for sometime, at a $1.00 a year
lease for 10 years. It is 20 acres and will solve one of the
problems regarding the lights for Maverick Field. So we now
have the land and B.K.K. will use their facilities to help level
and grade and the County will also work in that area, and I think
we will have an outstanding youth activity area there when
finished.
COUNCIL COMMITTEE REPORTS
Councilman Lloyd: I. am going to make it a very pleasant
Thanksgiving and say nothing and wish
everybody a Happy Thanksgiving.
Councilman Young: I have tree items. With respect to
the B.K.. gift I take it that will
require ome further formalities on
the part of Council to accept it, etc.?
Mr, Wakefield: Yes, Council will meet to approve the
lease and authorize the .Mayor to sign.
Mr. Aiassa: You will receive it in .December.
Councilman Young: Two others things. One is9l noticed
the resolution .in our informational
mail from the City of Hermosa Beach
urging the redistricting of the City to retain the entity of
each City. This is something Mayor Chappell mentioned to me
recently .in a personal. conversation and it sounded somewhat
reasonable but when you look at the redistricting of this plan
West Covina will. be on the outer edge of three or four
Assembly Districts and three or four Senate .Districts,
rather than being considered the entity we consider ourselves
as the Headquarters City in this Valley. I. commend this
Resolution to you,gentlemen,and suggest that the City of West
Covina join .in a similar resolution to our local legislators
and to the Committee.
Councilman Nichols: Rather late on it, really/isn't it?
Councilman Young: Nothing is really formalized yet.
The situation may and will probably
end up in the courts and I think we
should be on record. I will submit it in the form of a motion.
Seconded by Councilman Lloyd.
Councilman Shearer: Is this motion' for a resolution or
just direct correspondence?
Councilman Young: Whatever is the most practical and
expedient drafted by the City Attorney
and signed by the ,Mayor,,
Mayor Chappell: Is that agreed to by the second.
Councilman Lloyd: Yes m whatever is fair,
Lela Preston, Is this going to be a letter or a
City Clerk resolution, Mr Mayor?
Mayor Chappell.- A resolution drafted by the City Attorney.
a, 35
CITY COUNCIL 11/22/71 Page Thirty-six
COUNCIL CO.MM.ITTEE REPORTS
Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
(CITY CLERK ADVISED IT CARRIED RESOLUTION NO. 4482)
Mayor Chappell: The reason I asked Councilman Young to
pursue that is because he is in favor
with the party that is doing the
redistributing of Districts and maybe we could get some help there.
Councilman Young: I have some communications regarding
ou,r situation in West Covina.. We had a
situation before the Council where we
authorized book stores, purveyors of literature, which we dis-
cussed at some length some weeks ago. Our concern being that we
not be a center, further than we have been with certain people
in the Covina area, as a distribution point for pornography.
It appears under the existing rules of the California Supreme
Court, one quite recent ruling, that we would be relatively
helpless .in the area of keeping out a bookstore even though we
reasonably suspected it would deal in pornography but would be
within our bounds as a City Government to establish appropriate
abatement procedures if such an establishment did in fact engage
in the distribution of pornographic material.
In other words our prevention efforts
will tend to be unconstitutional if challenged and our abatement
procedures might well be held up and honored by the Courts.
Is that about right, Mr. Wakefield?
Mr. Wakefield: Yes sir®
Councilman Young: With that in mind I would suggest the
City Attorney be commissioned to review
our legislation and draft appropriate
legislation as needed for the City for the abatement of this
type of nuisance activity, and I so move.
Seconded by Councilman Nichols, and
carried.
DEMANDS Motion by Councilman Young, seconded by
Councilman Shearer, to approve Demands
totalling $219,157.56 as listed on
Demand Sheets B510 through B512. This total includes payroll
and the .Pergola for Galster Park. Motion carried on roll call
vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
THE CHAIR CALLED AN EXECUTIVE SESSION AT 10:45 P.M. COUNCIL
RECONVENED AT 11:20 PoM.
Mr. Aiassa: Mr. Mayor, I have an, item that is not
on the agenda for Council consideration.
I need Council. permission to negotiate for the alignment of
Nogales between Walnut and West Covina and I would like authoriza-
tion from Council to meet with representatives of Walnut to adopt
such a proposal and bring back to Council at your next meeting.
So moved by Councilman Lloyd, seconded
by Councilman Young and carried.
36
t4
•
•
CITY COUNCIL 11/22/71
Additional Agenda Items: City Manager
Page Thirty-seven
Mr. Aiassa: My next request has to do with two
letters submitted by the representatives
of the Employees' Association, stating
if any benefits or salary adjustments are given between now and
January 1972, that it be effective as of November 15, 1971.
Only Council can determine this policy. The City Attorney will
tell you the legal procedure on it.
Mr. Wakefield: It would require the adoption of a
resolution which would reserve to the
City Council the right to make any
salary adjustments which may be provided by the City to
employees as a result of current negotiations, effective on
November 15, 1971a If such a Resolution is your desire)i.t would
read as follows:
"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA RESERVING THE RIGHT
TO MAKE ANY WAGE OR SALARY ADJUSTMENTS
FOR CITY EMPLOYEES EFFECTIVE ON NOVEMBER 15, 1971."
Councilman Nichols: Mr. Aiassa, at this time do you have any
knowledge whether or not any funds will
be available for wages?
Mr. Aiassa: We anticipated two sources and at the
last minute a rider was put on it
to become effective in 1973 and that
was the motor -in -lieu tax. We also anticipated some money from
the Gas Tax but some strings were put on that. So the only hope
we have is that we are going to reconcile our receipts at the
end of the year and at that time we will definitely know what we
havelif anything for salary adjustments.
Councilman Nichols: In other words you indicate it will
be sometime after the first of the year?
Mr. Aiassa: Yes,
Councilman Nichols: It would be my point of view that any
funds that might be available for
salary adjustments, when available, I
would be in favor of acting favorably at that time, but that
dollar amount will not be changing between now and the time
the City Manager might be recommending to Council. I think
stating something is going to be retro active when we don't know
if there is anything is offering a gift that doesn't exist. I
would suggest that we wait until we get there and then vote on it
at that time.
Councilman Young: A thought comes to mind that raises
normally are given on a percentage
basis and the shorter span of time
covered between raises the greater percentage and then that)
of course/is the salary that carries over into the following year.
Councilman .Nichols: Let me interject something at this point.
We are talking in terms of number of
dollars spread to numbers of employees in
the City.
Councilman Young: As of now, but we are talking about
carrying it forward year after year
and it becomes the basis at that point.
Councilman Nichols: But the lesser percentage wage would
be the one.
37
CITY COUNCIL 11/22/71
Additional Agenda Items: City Manager
Page Thirty-eight
Councilman Young: Yes sir, but by making it retro active
we might be benefiting the taxpayer to
that extent by having only a small
percentage of inrease that does become the base at that point.,
Perhaps the City .Employees would prefer that we do not make it
retro-active because of the token amounts that would be
involved. I would suggest that we pass the resolution reserving
the power of doing this and at the same time that wouldn't deprive
us of our discretion of doing it at sometime in the future if we
so desire,
Mr. Aiassa: But now it gives you the legal power to
do it.
Councilman Nichols: In that I don't intend to stand on retro-
active pay raises from December back to
.November , I will surely stand as a "no"
vote.
Councilman Lloyd: Mr. Aiassa, do you have the money?
Mr. Aiassa: The Council if it doesn't adopt the
resolution loses its "may" power. It
only says "may" and you still have the
power to grant a lump sum effective at any date, but you cannot
go back to the 15th of .November if you don't do it, you wipe
out that privilege.
Motion by Councilman Young, seconded by Councilman Lloyd and
carried to waive further reading of the body of said resolution.
Motion by Councilman Young, seconded by Councilman Lloyd, to
adopt said resolution. Motion carried on roll call vote as follows.
AYES: Councilmen Young, Lloyd, Chappell
NOES: Councilmen Nichols, Shearer
ABSENT: None
ADJOURNMENT
ATTEST:
CITY CLERK
Is
Motion by Councilman Nichols, seconded
by Councilman Lloyd, and carried, to
adjourn meeting at 11:30 P.M.
APPROVED:
MAYOR