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09-11-1972 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA SEPTEMBER 11, 1972. The regular meeting of the City Council was called to order at 7:32 P.M., by Mayor Robert Young in the West Covina Council Chambers. The Pledge of • Allegiance was given. Reverend Pastor Myrus Knutson of Christ Lutheran Church gave the invocation. ROLL CALL: Present: Mayor Young; Councilmen: Shearer, Nichols, Lloyd, Chappell _Others Present: George Aiassa, City Manager George Wakefield, City Attorney Lela Preston, City Clerk Richard Munsell, Planning Director Bert Yamasaki, Ass'to Planning Director George Zimmerman, Public Services Director John Lippitt, Ass°t. City Engineer Leonard Eliot, Controller Calvin Wetherbee, Fire Chief Gary Duvall, Administrative Assistant Ray Silver, Administrative Analyst Jr. Jeff Schenkel, Staff Reporter - 9G16 Tribune Claudia Luther, Staff Reporter - L.A. Times Jim Samuelson, Sentinel NARCOTICS EDUCATION WEEK Mayor Young° Gentlemen, I had a JR. WOMEN'S CLUB special invitation to some people this evening. I was kidnapped in my office this morning about 8:30 A.M. It came as a great shock to me. There is an event coming up on September 21st at the Castaways Restaurant in -which all of our citizenry are asked to participate in at $5.00 ahead and the proceeds will go towards assisting the area in general.'.in the education of Narcotics. Councilman Chappell: Mr. Mayor - by the way the minimum fee here is $5.00.... Mayor Young: And that means you can go $10.00, $20.00 or $30.00. Lynda Westgard We come to Lead you a proclamation because we Joan Hannich feel you are in great danger. " Hear ye, hear ye, Jr® Women's Club be it known that a pirate attack on the City is imminent. All citizens are warned to stay in doors and their homes. Selected hostages will be taken from the business community by the ship-shape brigade, known as the Junior Women's Club of West Covina. These daring gentlemen will be transported by the pirates to their lair at the Castaways about 11 bells on September 21, 1972. They will be given adequate rations to sustain them. Grog will be available.to calm their fears and native dancers will entertain them. They will be held in this.deprived condition until ransom is paid to aid Narcotics Education Week in West Covina. We hope you wall all consider joining us." There are numbers on this proclamation which you may call if you wish to make a reserva- tion. We would like to present this to you and the Council as representatives of our City. Thanks for letting us come tonight. Mayor Young: APPROVAL OF MINUTES August 14, 1972 Let's give this all the support we can. Thank you. Motion by Councilman .Lloyd, seconded by Councilman Shearer and carried, to approve minutes as submitted. CITY COUNCIL Page Two 9/11/72 CONSENT CALENDAR Mayor Young stated the procedure of ;the Consent Calendar items and asked if there were any comments on any of the following items: 1. WRITTEN COMMUNICATIONS a) WESCO ASSOCIATES Request!for Mail Order Business. (Refer • (Kenneth Porter) to City Attorney and Staff) P.O. BOX 769, W.C. b) FRANK T. KERSHNER Enclosed petition with numerous signatures 1300 Hidden Valley Dr. of residents in the vicinity of Hidden W.C. Valley Drive, Glenn Alan Avenue, etc., re stagnant water and mosquito problem. (Refer to Staff) c) CITY OF TORRANCE RESOLUTION NO. 72-150 RE Unsightly Electrical Transmission Towers. (Refer to Staff) d) FRED C. BRAND RE swimming policy at Municipal Pool. 1005 W. Merced Ave., (Refer to Recreation and Parks Commission) W.Co e) LAFCO NOTICE RE City of Covina proposed westerly Annexation District No. 58. (Refer to Staff) f) MR. & MRS. SOUGHERS, Together with petition with 9 signatures 645 N. Butterfield Rd. requesting sidewalk installation on the W.C. south side of Puente Avenue between Lark Ellen and Butterfield. (Refer to Staff) g) LEAGUE OF CALIF. RE City°s Voting Delegate and Alternate CITIES at the Annual League Conference. (Council) h) SAN GABRIEL VALLEY RE request for change of date from HOT LINE October 29th to Saturday, October 28, 1972, for the HOT LINE MARCHo (Recommend approval) i) STATE DEPT. OF RE copy of letter to Board of Supervisors PUBLIC WORKS re FAU System fund allocations. (Informational) 2. PLANNING COMMISSION September 6,-1972 Review Summary of Action. (Receive and file) 3. PERSONNEL BOARD August 1, 1972 Minutes. (Receive and file) REFER TO CITY MANAGER ° S Items #kH-6 & H-7 for action items from AGENDA meeting of September.6, 19720 4. HUMAN RELATIONS COMMISSION September 7, 1972 Review Summary of Action. (Receive and File) (No meeting in August) 5. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BOND PROJECT NOS SP-72002 LOCATION: Danes Drive, 300 feet east of DANES DRIVE CUL-DE-SACS Azusa Avenue. J. B. CROSBY CO. INC., Accept street improvements and authorize release of United Pacific Insurance , Company Bond No. U-662023 in the amount of $6,848.50. (Staff recommends accept- ance and release) 6. ABC APPLICATIONS Chief of Police recommends as follows: 2 • 0 CITY COUNCIL ABC APPLICATIONS - Cont°do HENRY & JEANETTE T. GROPPER 6545 Commodore Sloat Dr., Los Angeles FRANCES C. ENG THOMAS E. GOW MAYNARD M. & MILLICENT J. CARTER 1421 S. Frandale Avenue W.C. 7. PARADE PERMIT APPLICATION AMERICAN CANCER SOCIETY Councilman Chappell: )dba ) )dba ) Page Three 9/11/72 PACIFIC LIQUOR 2017 W. Pacific Avenue NO PROTEST TEX°S BULL SHIP 945% S. Glendora Avenue PROTEST Saturday, October 28, 1972, 8 A.M. to 6 P.M. Bike-A-Thon (Approve subject to Staff Review and recom- mendation) Mr. Mayor, there is one item, Item (.g) that we seem to need to make a decision on. Mayor Young: Mr. Chappell, you are the official dele- gate. I believe you and Mr. Lloyd are planning to attend this convention? (Both agreed they were.) That being the event could we then appoint Councilman Chappell as the voting delegate, since he is the official delegate from the Council on this matter and Mayor Pro tem Lloyd is the alternate. So moved by Councilman Lloyd, seconded by Councilman Shearer and carried. Councilman Lloyd: I have a question with regards to Item (c), which is a resolution by the City of Torrance. I am not questioning the resolution, but I thought - Mr. Aiassa - we had agreed on a manner for handling these resolutions? That it wouldn't require any action on the part of Council. Mr. Aiassa: Yes, you just receive and refer to Staff and Staff meets with the City Attorney to see if. there is any action needed by Council. Mayor Young: Actually what we agreed on was that they would be referred to us on an .informa- tional basis only. Normally refer to Staff means a report back to Council and I don't know that we want a report back, but we don't want -poles- like these exhibits indicate either. Mr. Aiassa: You are right, Mayor Young. The only time it would come back to Council is if it was determined by Staff that definite approval was needed by .Council. Mayor Young: The only item that I thought there would be some public presentation on is Item (f) on the sidewalk installation. There was a petition on that. I take it this matter is under consideration already. Mr. Aiassa: This matter is being handled through Staff. We met with the representatives of the Covina Valley Unified School District and went over the various needs and demands in the School District area. Staff has not completed a report yet. We met with 3 - n LJ CITY COUNCIL CONSENT CALENDAR - Cont'd. Page Four 9/11/72 Mr. Jones and Mr. Burkhart and reviewed with them our 5-year plan. So you will be receiving a follow up report on this matter. Councilman Lloyd: Mr. Mayor, I was going to bring that item up under Councilmen's Reports and Comments. However, I had a good many people call my attention to the Cortez area with regard to students that must walk in this area without sidewalks. I explained to the people that we don't have jurisdiction over that. I was going to ask Council to write a letter to the County pointing out this deficiency as far as a safety factor for youngsters walking to school. Mr. Aiassa: the County Road Commissioners teed with them directly. Mayor Young: Councilman Lloyd: I would suggest Councilman Lloyd, that you bring it up under Council reports and direct the City Manager to notify of these complaints and let them pro - Is that your pleasure, Mr. Lloyd? Yes sir. Councilman Chappell: Under Public Hearings by.:.the Planning Commission, the South Glendora Avenue Plan - Zone Change #463 and Precise Plan #637 - Arturo Pizzo, the Council should know that I am in escroQ on one of those pieces of property. However, the piece of property I am in escrow on is already zoned for what I will be building on that property if the escro,(4 clears. So at a future date someone doesn't say a Councilman was not quite open on this I thought I should bring it up now. On another piece of property next to Toyota Dealer, my partner and I are in escrow -and the zoning on the property is what we will be building - so whether or not this is -called up we *are not doing anything that a citizen can call us on - I wanted to call this to your attention - Item 3 of the Planning Department bulletin. Mayor Young: it at that particular time? This will be heard by City Council at a future date on its merits and I take it you will probably abstain from voting on Councilman Chappell: Yes sire But so there is no question on it between now and then I wanted to call your attention to it. Motion by Councilman Shearer, seconded by Councilman Chappell, to approve Consent Calendar Items 1 through 7. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None Mayor Young: GENERAL AGENDA ITEMS PUBLIC WORKS LIGHTING ASSESSMENT DISTRICT NO. 71-76 SPECIAL REFUND The motion inherently comprehends the discussion to this point, I am sure, and let the record so reflect. LOCATION'. Maplegrove Street, Oakgreen Avenue and Camper Drive. Council re- viewed Engineers Report. Motion by Councilman Chappell, seconded by Councilman Lloyd, to approve refunds totalling $657.84 to the 44 property owners who re- sided within County Lighting District No. 1866 during fiscal year 1971-72. Motion carried on roll call vote as follows, - 4.- • 0, CITY COUNCIL Page .Five PUBLIC WKS.: Lighting Assessment Dist. ##71-76 9/11/72 AYES: Councilmen: NOES: None ABSENT: None PRECISE PLAN NO, 611 REV. 1 KOBEL DEVELOPMENT CO. Mayor Young: Mr. Zimmerman: Shearer, Nichols, Lloyd„ Chappell, Young LOCATION: Amar Road between Eveningside Drive and Lark Ellen Avenue. Council reviewed Engineer's report. You have before you the Engineer's report and a suggested resolution. Is there anything to add to the Engineer's Report? No, Mr. Mayor and members of Council, there .is nothing to add. If there are any questions we will be glad to answer. RESOLUTION NO. 4625 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ACCEPTING A CORPORA- TION GRANT DEED EXECUTED BY K.OBEL DEVELOPMENT COMPANY AND DIRECTING THE RECORDATION THEREOF." Motion by Councilman Chappell, seconded by Councilman Lloyd and carried, to waive full reading of the body of said Resolution. Motion by Councilman Chappell, seconded by Councilman Lloyd, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None PROJECT NO. TS-73004 LOCATION: Amar Road and Valinda Avenue. TRAFFIC SIGNAL CO- Council reviewed Engineer's Report. OPERATIVE PROJECT Mayor Young: I hope this can be thoroughly expedited at this location. Apparently the City is asking that be done. You have a Staff Report with a recommendation. This involves an $8,000 commitment by the City of West Covina. Motion by Councilman Lloyd, seconded by Councilman Chappell, to approve inclusion of the participation project with Los Angeles County Road Department for installation of traffic signal at Valinda Avenue and Amar Road, and that funds be approved in the amount of $8,000 of gas tax funds for the fiscal year 1972-73. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None CITY ATTORNEY ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF TIE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 3300, 3302 OF THE WEST COVINA MUNICIPAL CODE.RELATING TO AIRCRAFT." Mr. Wakefield: This is an Ordinance requested by Councilman Lloyd to amend the appropriate sections of the code to authorize the City Manager to issue permits for the landing and taking off of helicopters without the presenting of the item to the City Council. 5 CITY COUNCIL CITY ATTORNEY: Ord. Introduction re Aircraft Page Six 9/11/72 Motion by Councilman Lloyd, seconded by Councilman Chappell and carried, to waive full reading of the body of said Ordinance. Motion by Councilman Chappell, seconded by Councilman Lloyd, to introduce said Ordinance. • Mayor Young: The only question I have,in reading this over®, we leave the discretion with the City Manager - are we pre-empting certain regulations by the Civil Aeronatics Authority? Mr. Lloyd,, you are the expert on this. Councilman Lloyd: Federal air regulations are not involved in this. This is a determination by the City since we have no approved air fields in the limits of the City of West Covina, we are merely landing or taking off on the necessity and convenience of those who wish to do it and with a waiver of a hold harmless approach �:to the City. There is no violation of Federal Air regulations so long as it is conducted within the rules of safety, etc. Mayor Young: We do normally require that there be adequate liability coverage - is this inherent inhere, that the City Manager is expected to insure that we hove adequate coverage? Because even though they hold us harmless that doesn't mean anything more than their net worth. Mr. Wakefield: There is another section in the code which is not amended. In these two sections it specifically covers the obligation to provide adequate liability. Mr. Aiassa: We did not amend Section 3303, which deals with liability. Motion carried. ORDINANCE The City Attorney presented: INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 3190. OF THE WEST COVINA MUNICIPAL CODE RE.L..PT- ING TO AN INCREASE IN SPEED LIMIT. Orange Avenue)." Motion by Councilman Lloyd, seconded by Councilman Shearer and carried, to waive full reading of the body of said Ordinance. Motion by Councilman Lloyd, seconded by Councilman Chappell to introduce said Ordinance. Councilman Lloyd: Mr. Aiassa, have we had any attitude;:or:. expre.§sions of reticenton the part of the citizeps for this speed limit? The reason I ask, *ae' have had::.such Ya strong stand on Virginia Avenue, . even though I agree with the diecsion of the Traffic Committee that perhaps practice would indicate the increase of speed, nevertheless, it may be an affront to those who live in the vicinity. Mr. Aiassa: No, I have had only one inquiry and I followed through on that. It was from the School District. We kept the'speed: limit so low on Orange Avenue because we had an open drain, and since we increased the street to full maximum standard, it was quite an odd- ball situation. When we put our radar equipment there it trapped just about everybody that went by® 6 - • CITY COUNCIL Wage Seven CITY ATTORNEY: Ord. Introduction - Speed Limit Increase 9/11/72 Mayor Young: Don't use that terminology in public, it is very offensive to the courts, Councilman Lloyd: Increased revenue to the City is always welcome! Mr. Aiassa: No, Councilman Lloyd, I have not received any. Mr© Zimmerman, have you? Mr. Zimmerman: No, none that have come to my attention. Mayor Young: Just to expose my lack of preparedness for the moment - what are we increasing from - to? Are we going from 25 to 35? Mr. Zimmerman: Yes, the current speed limit is 25, which: is fairly slow, and the new speed limit will be 35. Councilman Nichols: About a year ago the Council had before them a delegation of parents from the Monte Vista School area complaining about traffic conditions on Orange Avenue and they were requesting of Council a crossing guard at that corner and the Council declined to provide a crossing guard in that area. I would suspect one of the reasons for the quietude on this matter is due to the close of school and now with the start of school I further suspect when the Monte Vista PTA becomes aware that the speed limit is being upwarded by 10 miles an hour it will again come before the Council. I think the Council should probably be aware that there will be some vehement request again for a crossing guard. There is a certain percentage of studentpopulation that do cross in that area and do require some crossing guard assistance. I have some reservation about increasing the speed limit on this street because it is totally residential. There are no businesses in this area and it is travelled considerably. I tend to feel that perhaps this change is a little premature with the freeway widening and the change of access, etc., it just might be premature., So from my point of view because of these reservations, I will vote against approving the increased speed limit on this street at this time. Mayor Young: The motion here is for introduction, There will be a later motion for adoption. Is that correct, Mr. Wakefield? Mr, Wakefield: Mayor Young: automatically open desires to discuss publicized. . Councilman.Lloyd: Yes, Mr. Mayor. It will some back at your next regular meeting for adoption. I think it is provided in the Municipal Code that any of these ordinances that come up for adoption that it is ,just for public discussion if any member of the public the matter. I would hope the matter would be point and presume that I will stand in other areas on this and make a personal request. For your information, Councilman Nichols, I will support you,, However, I will vote for the ordinance introduction at this hear from 'those people because of my matter and that they can come forward Councilman Nichols: Normally individuals are not made aware of these ordinances until they are on the books or until such an effort is made to communicate with the people and if such an effort were made I can assure you there would be quite a gathering of people here. CITY COUNCIL Page Eight CITY ATTORNEY: Ord. Introd. - Speed Limit Increase 9/11/72 Motion carried on roll call vote as follows-. AYES: Councilmen: Shearer, Lloyd, Chappell, Young NOES: Councilman Nichols ABSENT: None • Councilman Chappell- I believe the School Board should be notified on this. I donut like to vote on something and have the people come storming in after the facto I think we should at least notify the PTA. I was going to suggest a compromise to 30 miles because 35 may be .too fast in this area, but driving on this street at 25 as often as I do ® well I just like to stay off of it like Virginia Avenue because you can't get anywhere on that street. And that is probably the purpose of keeping it at 25. Mayor Young: Can we have a special memo to the school authorities - Mr. Aiassa? Mr. Aiassa: We hand delivered a copy of the Traffic Committee minutes to the West Covina Unified School District office, to Mr. Eastman, which has this in it and we can do a follow up. Mr. Zimmerman, will you follow up and get his response to the minutes? (Mr. Zimmerman answered "yes".) Councilman Nichols© I might comment that the interests of the School Administration are not always synonymous to the interests of the public, In this particular case I do believe the School District officials have expressed some interest in upping the speed limit because of certain limitations placed on buses running back and forth through the City, but I donut believe that would receive the full acceptance of the PTA, and the PTA can oftentimes be even more vociferous than the Administration. So the concern I allude to is not.the concern of the "school officials" but of the parents who have school children attending and come in and bring up the subject of the hazards to man- kind. PUBLIC HEARINGS UNCLASSIFIED USE PERMIT NO. 175, PARCEL MAP NO. 2675 SISTERS OF IMMACULATE HEART OF MARY Present zoning of the subject Denied by Planning Commission Applicant on August 4, 1972. LOCATION., Northwest corner of Sunset and Merced Avenues. REQUEST.,pproval of an unclassified use permit to allow a gasoline service station and a parcel map to divide property to create a 150 foot x 150 foot parcel upon which said service station would locate. property is Neighborhood Commercial Zone. Resolution No. 2422. Appealed by Mayor Young: Gentlemen, you have before you certain information from the City Clerk, as well as Staff, indicating it is the desire of the applicant to postpone this item to a Meeting in October owing to the fact the Sisters have just retained the counsel of Mr. Baldonadoo I talked to Mr. Baldonado today and he has not had time to prepare amply for a presentation and the matter is requested to be continued to our meeting of October 23rd. It is suggested by the City Clerk that we open.the hearing this evening and take what testimony the people would like to offer and continue the balance of the hearing to October 23rd. I might ask is there anyone present that would like to testify this evening? (A Mr. Eugene Narco stated he would be'testfyng in Opposition, but had no objection to it being held over to October 23rd, and would be present at that time.) (Mr. Aiassa advised there is one correction 8 CITY COUNCIL Page Nine PUBLIC HEARINGS: UUP #175 & PP #2675 9/11/72 in regard to the date. The 23rd of October is Veteran's .Day, so the Council meeting will be moved to Tuesday, October 24th.) THIS IS THE TIME AND PLACE FOR THE .PUBLIC HEARING ON UNCLASSIFIED USE PERMIT NO. 175, AND PARCEL MAP NOo 2675. THERE BEING NO PUBLIC TESTIMONY AT THIS TIME PUBLIC HEARING CONTINUED, • Motion by�_Councilman Lloyd, seconded by Councilman Chappell and carried, to continue the Public Hearing.to October 24, 1972. ZONE CHANGE APPLICATION LOCATION,. 2817 E. Valley Boulevard NO. 474 & PRECISE PLAN REQUEST: Approval of a change of zone APPLICATION NO. 638 from C-3 (Heavy Commercial) to Medium THOMAS Me YEDOR Density Multiple Family, 20 units per acre (MF-20) Zone, and approval of a Precise Plan of design for a 100 unit apartment complex on a 4.7 acre parcel. Recommended by Planning Commission Resolution No. 2430. Mr. Yamasaki, Ass°to Planning Director, summarized Planning Commission Resolution No. 2430; slides shown of location of proposed buildings, etc. and explained. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE APPLICATION NO. 474 and PRECISE PLAN APPLICATION NO. 638. IN FAVOR Thomas M. Yedor (Sworn in by City Clerk.) I am the applicant in .the requested zone change. In developing the plan that you have just seen we worked very closely with the Planning Department Staff and inasmuch as this is the first zone change request under the MF-20 we were pretty well guided by your Staff as to the overall design of the particular development. The one request that we have and that`.was approved by the Planning Coamission as far as distance between buildings, only occurs where there are no windows on the wall. So even though the building might be 201 instead of 261, there are no windows looking at each other. I believe the property lends itself to this type of development. inasmuch as there is a similar development with a higher density immediately adjacent to the subject property and we have provided. privacy by way of our design for the single family residences ;::o the north® To the west is undeveloped commercial and what will happen to that I have no way of knowing. We have also in our design buffered ourselves to anything that might happen there. I will be glad to answer any questions. THERE.BEING NO:.FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Shearer,. Mr. Mayor, I have one question. The density bonus - which criteria is the applicant taking advantage of? Floor space or open space? Mr. Yamasaki,. I am sorry, I can't quickly find it in the Staff Report, but I believe it is open space. Councilman Shearer,. Weren't there two criterias - one was increased floor space and -the other the open space? Mr. Yamasaki: Yes, that is correct. - 9 - CITY COUNCIL Page Ten PUBLIC HEARINGS: ZzC ##474 & PP ##638 9/11/72 Councilman Chappell: We have in the items listed here "park fees". Where is the nearest park to this particular development that we would be putting this fund into? Mr. Yamasaki: Friendship Park. And the applicant used the alternative of the floor area rather than the open space. Councilman Chappell'. How much money will we receive from 'this development for park improvements? Mr. Yamasaki: The fees are based upon the number of bedrooms of each unit - I don't have the total calculation on that, it would take about 5 minutes to calc it out. . Councilman Chappell: What can be done to this precise plan of design without it coming to the City Council - can the swimming pool be taken out without coming to Council? . Mr. Yamasaki: The Study Plan A, as you see it, will be the way the development will be built. Staff also takes the renderings as drawn as part of the contract between the developer and the City. All of the drawings reflect the way the property will be developed or it must be returned to the Planning Commission and then reviewed by Council. Mayor Young: Is there any further discussion? The only aspect that concerns me is this "no children over 5 years of age." I see that as a very practical thing as far as the School District is con- cerned. I was kibitzing here a moment ago with Councilman Nichols, because we have this material before us, and I stated just as a child blows out his 6 candles on his birthday.cake the management says you are evicted— - I suppose that is a matter between the School District, or is thisa City requirement, or why is this in here? Councilman Nichols: I might speak to that, Mr. Mayor. That is a matter of the methodology of the operation of the developer. It rally isn't a part of this application and it really shouldn't be in here because it doesn't bear on the acceptability of the project. At the Planning Commission meeting we were advised that this particular organization operates a great number of these units and they find it economically and more viable to limit the age of children in the units. Mayor Young: So we don't have'our Police Department down there, for example, checking on the birth certificates of children! Councilman Nichols: I think the theory is that homeless children thrive better after the age of 6. Motion by Councilman Nichols, seconded by Councilman Shearer, to approve Zone Change Application No. 474 and Precise Plan Application No. 638. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None • CITY COUNCIL Page Eleven PUBLIC HEARINGS: - Cont°do 9/11/72 VARIANCE APPLICATION LOCATION: Northeast corner of Vine<,and NO. 683 Valinda Avenues. LENDERT SCHONEVILLE REQUEST: Approval of a variance to allow a parcel map to create two parcels with less than required lot size and lot depth on Lot 2, and less than required frgnt setbacks on Lots and 2 on a :2:21, 6 square foot parcel in the R-1 (One -Family) Area District II (Minimum 9,450(square foot lot size) Zone. Denied by Planning Commission Resolution No. 2425. Appealed by Applicant on August 22, 1972. Mayor Young: You have before you a Staff Report - is there anything to be added? Mr. Aiassa: Yes, I believe there is some action from the City Planning Department on this. Mr. Yamasaki: Yes, the Resolution of the action of the Planning Commission as well as Study Plan B, which is a plot plan for the subject property. THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON VARIANCE APPLICATION NO. 683. Mayor Young: This is the item the Planning Commission denied by a 3 to 1 vote with one abstention and it is here before us on an appeal. IN FAVOR Lendert Schoneville (Sworn in by City Clerk) 2934 Loscerillos Drive Gentlemen, I represent the owner of the West Covina property who is my client and on behalf of my client I request approval of Variance No. 683 to allow a parcel to be created of two parcels subject to the conditions as outlined in Staff Report dated August 2, 1972. The reasons for my request are as follows: The four required showings for a Variance have been met as outlined in the Staff Report under Items A, B, C, D, & E, on Page 2 and 3 of that particular report. Also the client has agreed to the additional recommendations made by the City Staff in the same report. We feel that the granting of a Variance will not establish a precedent because like conditions that we are asking for already exists within 3001.of this property and in not granting the Variance it would deny the owner of this property the rights now enjoyed by property owners within'a 3001radius. If there are any questions I would be glad to answer them. IN OPPOSITION Frank Oberpriller (Sworn in by City Clerk) 1020 East Vine First of all I would like to point out in the West Covina Staff Report that they say 9'other people in the neighborhood are enjoying the same rights". Before you gentlemen make any decision I hope you look the property over because these buildings they point out that enjoy these rights are old farm houses that have existed probably for 50 years and at the time they were built I am sure were more than 201 off the street, not as they are now. I think the structures they pointed out, one was at Valinda and Cameron on the southwest corner and is quite a substantial building, well over 3000 square feet, whereas this building in question is quite small and it stands within 9 or 10, of the curb. As you come down the street it is very harsh and sticks right out. I don't feel the recommendations made by the Staff will lessen the impact on the neighborhood. And further, to go back and say "other people are enjoying these rights", well that is false also because these ,people that do have these rights, their CITY COUNCIL Page, -Twelve PUBLIC HEARINGS: VAR. ##683 9/11/7Z property was there a long time before this Ordinance was even established.. So if we go back 20 years - well it is ridiculous to revert back and say "he had it coming 20 years ago so I want mine now." I would also like to point out there was a petition turned in to the Planning Commission of the residents around here. I know we don't have a big turnout but you know how people are, they sign a petition but won't show up. The people around are really not in favor of this. I am opposed on those grounds. Another thing, you are perpetuating an old building that is way past its useful life, a little paint and a little facelift will not help,,. fip.another 5 years it is going to be an eyesore just as it is now. So I feel it should not be passed. REBUTTAL Lendert Schoneville The gentleman raised the question of the setback. It is 91 from the front property line and not::"from the curb. It is another 121, so the setback from the curbline is 20 or 211. This building also was there before any Ordinance was passed with regard to not meeting the setback standards as they are now. Also the petition submitted objected to the substandard lot size only, that was the only thing mentioned in the petition. .Mayor Young: I think the Staff Report does indicate only slight variances in lot size requirements. Councilman Shearer: Mr. Mayor, before closing the hearing, I believe Staff has a couple of slides to show, should they be shown before the hearing is closed or afterwards? Mr. Wakefield. They should be shown before the hearing is closed. (Slides shown and explained by Mr. Yamasaki, with reference to the lot, house, etc.) Mayor Young: Mr. Shearer has requested very properly that this public hearing remain open. Do you have further comments, Mr. Shearer? If not, is there further testimony from the audience in light of the slides? Mr. Schoneville: I would like to point out that the owner has agreed to put shrubbery and .plantings in .front of the house to make it more soothing to the eye, as you have seen from the existing buildings close to the pro- perty line by having trees and shrubbery it makes it more pleasant to look at. THERE BEING NO FURTHER PUBLIC TESTIMONY PUBLIC HEARING CLOSED. COUNCIL DISCUSSION. Councilman Nichols: As the Council°s representative I attended the Planning Commission meeting in which this matter came up, so I have had an advanced opportunity to give this matter some thought. I have a number of timesdriven past the property and it has been a matter with me as much as anything that has been much in my mind in the last few weeks. I feel because I have been given this advantage of the earlier testi- mony that I would like to share my own views on this with you. I think this is the type of .an application that has never been before the Council and one which we may be faced with in the future due to the older structures in our City that are presently legally nonconforming and may becoming deteriorated. I see this matter as two real distinct issues. - 12 - CITY COUNCIL Page Thirteen PUBLIC HEARINGS: VAR. #683 9/11/72 A,,-.,,Feques.t, for a lot split and the other a request for 'the oppor- tunity to upgrade or redevelop the existing _structure. In terms of the lot split the testimony shows in that very area there are a number of lots existing that would be smaller than the smallest of these two lots. So if the lot split were considered separately it would seem to me it would be sufficient justification for the lot split.an&. if that newly created lot were larger than a number of lots in the neighborhood it would seem to me logical in the course of % events to permit the lot split. But then we run into a complication when we have an old structure on the back of that lot. I don't believe it would be any great secret to assume that perhaps the owner is going to sell one-half of the property. So I think the critical issue we face is - do we allow an older parcel of land that is legally nonconforming to be modernized or do we not? Do we damage the neighborhood in someway by perpetuating the older structuresand allowing the owner to dress them up and redo in someway? I have asked myself that as I have driven by this property and what the alternatives really are? Because of the economic values today it is highly unlikely that the owner or any other owner would say "well we can't upgrade this property so we are going to tear the house down." If the option were really to improve this property or not versus a new building on the property, then of course `'the :ownefsxiopton would be the more viable one. But in reality if the Council does not allow an older parcel to be improved the end result is probably that the neighborhood will not see that property removed unless it is really in a very bad state, but will indeed see it staying and staying there in its current state lending a less advantage to the neighborhood then it would if it were somewhat improved. It is my understanding, and I would like to be corrected if I am wrong, that the conditions Staff imposed on this development when it came to. the Planning Commission, were that these improvements on this property, such as the closing off of the garage, putting in a new garage, driveway, the.f ace lifting of the front, etc., that all these things had to be accomplished before the lot split .itself was in effect. So there would be no situation where the lot split would occur unless this property were improved as recommended. So we wind up this in the light of the fact that I believe the ultimate result here would be a continuing of what exists now and in reality a more gradual deterioration. So I tend to favor this development. I tend to favor it because I think any action that will 9±gnificantly upgrade older properties and make them more attractive as opposed to no real alternate except to leaving the property as it is in a less desirable state, is not a good choice at all. So for myself I feel the application is an improvement over what we would have and I would tend to favor it. Councilman Lloyd: I am caught in a dilemma on this in the fact we have had other requests for lot splits in other areas and we did turn those down, as I recall. And as I recall I was quite strong in stating I didn't want a lot split, but I concur also in the remarks of Councilman Nichols, that this is an opportunity to upgrade an area and as such I would . like to seize that, because if someone is going to show me and go forward on it with a new driveway, new garage, etc., and in essence improve the existing structures, certainly thereby improving the looks on the thing, then I am favorably disposed. The fact that Mr. Oberpriller pointed out that we should not go back and someone may have enjoyed some sort of a privilege previously,that right does not as a result accrue to the property owners today, and indeed you are right. That is absolutely right and this Council has never acted on the fact that someone has some sort of grandfather cltdFein their rights regarding their land and we have.changed the Ordinance of the City and upgraded our - 13 - • • CITY COUNCIL Page Fourteen PUBLIC HEARINGS: VAR. #683 9/11/72 Ordinances, so I think if there is sufficient protection to the property owners, the home owners in the City of West Covina to preclude any in -rush into City Council for lot splits and for quick -rejuvenating of older houses that indeed need to be torn down and I gathered - Mr. Yamasaki, that you have investigated and looked over the property sufficiently to determine that it is indeed capable of being renovated. Mr. Yamasaki: One of the conditions of approval would be that the Building Department would be permitted to enter the property and require any improvements be made to meet current Ordinance requirements. Councilman Lloyd: All right, I think there is sufficient protection in here and I would therefore concur with Councilman Nichols and vote favorably. Councilman Shearer: I think we are faced with what I might call the two horns; one is the ideal and the other is the practical and realistic, which has already been outlined and I don't think I can add any more to it. Ideally, I would like to see the house torn down and placed 251 back, but we' know that is not going to happen and we would be sitting for the next - I don't know how many years - with the same situation we have now. So from the practical standpoint I will vote to approve the application. Councilman Chappell: house rather than a How much leeway do we have in requiring the front part of that small residence to have a remodeling in the front so it looks more like a barn or hen house? Mr. Yamasaki: One of the conditions of approval requires the entire structure to be stuccoed or something similar and one of the conditions suggested by Staff if the Planning Commission did approve it, would be a complete reworking of the front.yard area including the cutting and reworking of the slab. Since this is a public hearing the Council can put additional wording in to the effect of a complete face lifting of the front of the building in an architectural manner or some other stronger wording to that effect. Staff was prepared to look at not only the landscaping but the face of the building as well. (Councilman Chappell asked that the slide of the present structure:, be reshown and again explained with regard to what can be done.) Councilman Nichols: Is it nod correct that the lot split will be contingent upon the applicant conforming to all the conditions of the redevelopment of the precise plan? Mr. Yamasaki: That is correct. The applicant must satisfy all the conditions of the Variance prior to the City Engineer signing off any parcelling off of the property. Councilman Nichols. Would it be appropriate to make the artist's rendering an aspect of the Precise Plan? Mr. Yamasaki: That is correct. Again since this is sent .in as part of the evidence it will be used as a guideline for the plan check by Staff at a later time. Councilman Nichols: The reason I.make that issue is because we have an applicant before us that is making a request that may —not be unique in our city but it is certainly precedent setting and if this turns out to look like a barn when it is through then the next family that comes in with.an" - 14 - CITY COUNCIL PUBLIC HEARINGS. VAR. ##683 Page Fifteen 9/11/72 older structure that desires to go this route is going to have a very rough row to hoe. So I,think a very great obligation rests upon the applicant to exercise absolute good faith in this development, other- wise ::I wouldn't be remotely interested in subscribing to it. Mayor Young: I am getting a little bit jittery because pre- cedent is something and so the applicant doesn't show good faith and we are not aesthetically satisfied with the ultimate result but we have now granted a Variance here creating two lots; one of which is slightly substandard and both of which contain structures which are in violation of existing codes. So we granted a Variance for that because of a hardship. Now this hardship does not presently exist in my opinion because the structures are there and they were there when the property was purchased and I don't know who owns this property because I have someone representing the owner here. I don't know when the property was bought or under what circumstances or conditions. This seems to me to be somewhat pertinent to whether or not it is a hardship because if I come in and buy a piece of property and I am told these are the conditions under - which I can sell you this property, you know you are in violation here -and there are existing ordinancefbut because you pre-existed those ordinances you are allowed to exist. And so we have this front house and you have this back house and you have a rental unit and as long as you don't change it you are okay. This is what I would expect to be told if I bought a nonconforming property because Ordinances changed in the meanwhile and I would fully expect if I came about to make a major change that I would be expected to comply with the new ordinances. These are the thoughts that come to my mind and this is the point Mr. Oberpriller is making, and here we sit really setting a precedent and promoting a perpetuation of the nonconforming use as our community has developed because our community has developed around theseold farm.'housese I live in one and I don't know if I conform or not and I am -scared to death because I want to get hooked up to a sewer right now and I may have to rebuild my house to do it. I hope not but in any event that is the risk I take when I buy the older piece of property that pre-existed the develop- ment of the last 15 years. It seems to me the owner could probably come in and get a building permit® and there wouldn't be a thing we could do about its to accomplish everything that is desired to be accomplished on that rendering and the other picture shown to us with the garage on the back. I question whether we could interfere with that kind of a building permit, it probably would be issued as a matter of course. So .it boils down to the real issue of a lot split. I don't know that I am correct now, I have jumped to a legal conclusion here, Mr. Wakefield, could we withhold a building permit on this particular structure because of its being a pre-existing nonconforming use? Mr. Wakefield: Yes, that is true, the existing building cannot be enlarged or the use of the nonconforming building extended and a building permit could not be issued to make the additions which are proposed as it stands now. Mayor Young: All right, so I am glad that I asked you when I did, because I am predicating a great big argument on the theory that we have to issue a building permit to at least enlarge that garage into a room, but I am in error on that assumption? Mr. Wakefield: Yes, that is true. Mayor Young: The point is we turn this thing into a more economically viable piece of property as it stands as a nonconforming use - - what do we do to the integrity of the Ordinances we have enacted all around that piece of property? What were the conditions when the present - 15 - CITY COUNCIL PUBLIC HEARINGS: VAR ##683 Page Sixteen 9/11/72 owners bought the property? What were the Ordinances then? What have we done to neighboring property or similar type properties where they have these nonconforming uses? What kind of a precedent are we setting when this same issue does arise in the future? Are we encouraging suddenly the rehabilitation of the few remaining areas like this? Councilman Nichols: I would truly hope so. Mayor Young: Or if we agree to a lot split but on the split lot conform it to the new existing standards? There is nothing you can do about the setback on that property. It is obvious it is set far forward of similar property along the street. What about those people's interest and what about the interests of the people that eventually buy that house and live in it? I think it has been correctly termed a "dilemma", especially after the legal counsel that I just received from our City Attorney - it makes it even more of a dilemma. I personally would be inclined to vote against this. Councilman Lloyd: I think that what we are really discussing here, and certainly there is a precedent, but I think the issue at hand is one really of aesthetics. Very frankly what we have at the present moment is not aesthetically appealing. I think this is probably one of the complaints of the people who live nearby or close to the vicinity. Were I to live in the immediate vicinity I would concur. As a matter of fact I have a building about a half block from my home which partially burned and I have in the back of my mind schemed how to get the guy to do something about it and they have done nothing about it. Fortunately it is not too visible, so as a result I don't get too exercised about it. My sensibilities are really not offended by this, but I think really what we are talking about is the aesthetics. We are also talking about the options which are open to the owner. We could go to the owner and say - sir,we would like to have you tear down your building and start anew - this has already been suggested by Councilman Shearer. I think the answer is he doesn't intend to do that and one of his options are he can sit, because he has a value in the property and forever more he can put a little paint on it and do a little here and there and perpetuate exactly what he has for a certain period of time, which goes beyond certainly my ihtention of being on this Council.. So the fact remains I am kind of grabbing at the "bird in the hand" and saying - while I don't like what I do I find life is made up of compromises and this is one of the compromises I am prepared to make and I do so not always in the best of conscience when I realize I have turned another man down on a lot split very similar to this, and .really it wasn't that drastically different. However, the fact remains that this is a specific case and a Variance pertains to specific cases, so I really do urge that you vote in favor of this, not because it is the answer but because I don't think we have any other way to go. (In response to Councilman Chappell°s request, the rendering was reshown.) Mayor Young: That rendering is beautiful but the one that bugs me is the one coming up to it when you look down the street and you see that house setting out there. Councilman Chappell: Well one thing is you are going to have that house sitting out there forever more and if we can improve that house in the neighborhood maybe we have accomplished something here this evening - if it looks like this when it is completed. Motion by Councilman Nichols that the artist's rendering be entered as a part of the Precise Plan titled Ekhibit A. Seconded by Councilman Shearer and carried; Mayor Young voting "no". - 16 - CITY COUNCIL PUBLIC HEARINGS: VAR. #68 Motion by Councilman Nichols, seconded by Variance Application No. 683 as per Staff carried on roll call vote as follows., AYES: Councilmen: Shearer, Nichols, NOES: Mayor Young ABSENT: None • ORAL COMMUNICATIONS Page Seventeen 9/11/72 Councilman Lloyd, to approve conditions attached. Motion Lloyd, Chappell Harry Armstrong I would like to address the Council members and 2731 East Cortez the other members of the City of West Covina on West Covina a water problem that we have running through the lots at 2739, 2731 and 2735. I will go back into the history of this thing a bit. I moved in in 1959. The property up in back of us at that time was vacant. The entire lot on Sunset and up in that area was all vacant property. The City - and I don't remember who it was, but some member of the City Staff came to me and I was the only house b�tiae ; Mr. Mottinger, in that area at that time. Some members of the City of West Covina staff cme to me and asked if I would permit them to run some water over the back end of my lot for that particular winter. Being a good fellow and I certainly know better now, I said sure go ahead - and they changed the location of the ditch running down Cortez Street at that time where the curbs are now in and relocated the ditch between the property of 2739 and, the property of 2745 - I believe that is the address. They relocated the ditch and took it away from the street and run it down through the back end of our property. When it rains there is 4 to 61 of water in the back end of my lot. In the back end of the other two lots directly east of me there is 4 to 61 of water. My horse corrals and barn and my neighbors - everything is flooded® On several occasions we have had to call the Fire Department and they have had to put sand bags around our house to keep it from flooding. I have been to City Council and action --:- was taken in 1964 and the ditch was supposed to be opened back of the lot at 2735. The City of West Covina did,this and I believe your City Manager would recall this and I believe you - Mr. Nichols - might recall it also. We forced the lot to be open at the back of 2735 and needless to say it didn't do the .relationship between neighbors any good, because it certainly made enemies of the neighbors, but in order to protect myself and keep myself from being literally flooded out I was forced to do that. The City of West Covina through their Attorney went into the courts and forced that ditch to be opened. I would like to make a recommendation so this doesn't happen every time it rains, because the rainy season is coming and every time it rains there is 4 to 61 of water in the back end of our lots. This, as a property owner, I don't feel is fair. It is asking something of a taxpayer of the City of West Covina to put up with a nuisance that the City of Covina and the County of Los Angeles is forcing upon us. I believe that the.City of West Covina, even thought the County property is only three houses away - I am the third house within the city limits of West Covina, but it seems to me like and I am an engineer but not, a mechanical or an industrial engineer, but it seems to me if the City of West Covina so decided they could come down the middle of Cortez with a storm drain even though they would have to run it down a ditch .in front of the other houses in the County. I know that none of you members of this Council, would be very happy to have 4 to 61 of water to put up with everytime we get an inch of rain. All of this water is now being directed down towards us through a storm drain down into a ditch. The water coming from Barranca and all that area is all coming down through this ditch and diverted over the back end of my property. When I first Moved there the water was practically nothing, but the result now four to §ix years later is that it is 4 to 61 everytime we have an inch of rain, Mayor Young., Is this the item that is the ;subj.ect of a petition that is before us this evening from a Mr. Kershner on Hidden Valley Drive? 17 CITY COUNCIL Page Eighteen ORAL COMMUNICATIONS - Cont°d. 9/11/72 Mr. Armstrong: No, this is altogether different. I am aware of that problem. Mayor Young: Mr. Aiassa, can we have Staff look at this issue? Perhaps you can confer further with the City Manager's office - it is obviously something we can't solve tonight. Mr. Armstrong: I realize that. I wanted it on the record so something can be done. The only relief we get is from the Fire Department when we call and they come out with sand bags. We wouldn't have nearly the problem if the ditch back of 2735 was kept optn, but it is closed most every year and we have to go through this same old hassle. As long as it is not a problem created by us but by the City of West Covina draining their water over our land I think the City of West Covina should be responsible for this. Motion by Councilman Nichols that this matter again be referred to Staff and at the time of the completion of the Staff Report to Council that the complainant be given a copy of the report and advised when it will come before Council again. Seconded by Councilman Lloyd and carried. Mayor Young: Mr Armstrong, if you would make it a point to call the City Manager's office tomorrow and extend your comments before the Staff member designated, we will have a report back before us in the very near future and hopefully, but not promising, some solution to this matter. Mr. Armstrong: Thank you. I would certainly appreciate some solution to this matter. Richard H. Castle, Jr. I am the designated representative of the Business Representative West Covina Firemen's Association and as and Attorney, for the you recall I made a presentation several Public Employees Union,. meetings past concerning the impasse Div. of Local 986 that the firemen had reached along with International Brotherhood other employee groups. At that time the of Teamsters Council considered the matter and directed the City Manager to hold one more meet and confer session or sessions, to develop benefits which were commensurate with the policemen's benefits. I believe Councilman Nichols made that recommendation. We met and I believe we had a very good discussion. Met with Mr. Eliot and Mr. Duval and during that meeting we ultimately discussed the question of interpretation anyway of Councilman Nichols' recommendation as far as the term of "commensurate" and found that fire fighters should also receive the increased clothing allowance the same as police, and also the sick leave reimbursement provision for the disability of firemen. At the last session, which was the 29th of August, I indicated to those present that the fire fighters were very concerned about the termination of shifts which occurred back in January and we were prepared to develop the circumstances surrouflding'-the trade of • shifts which was an unrestricting trade, also educational trade of shifts between Departments permitting firemen to attend classes and courses when thev would otherwise be working. I recommended to Mr. Eliot that we discuss that point at the meet and confer meeting so it could be resolved without having to file a grievance or file for a temporary restraining order or by making presentation to the Council, because we didn't feel it was necessary. After all the Council does have far more responsibilities than their listening to each personnel problem which comes up on a day to day basis with fire fighters and other groups. We recognize this. Mr. Eliot responded, and undoubtedly the response was from the City Manager, because I assume he consulted with the City' - 18 - • CITY COUNCIL ORAL COMMUNICATIONS - Cont°do Page Nineteen 9/11/72 Manager, that the discussion of the trade in shifts would be in- appropriate at that meeting, since that meeting was conducted as a result of the Councils recommendation for discussing benefits. We acknowledged that and a request was made on the 29th of August that no later than September 8th a meeting be held with the City Manager, the Chief and the firemen would have certain representatives present for the purpose of discussing this trade in shifts. We have never had that meeting for some reason which I don't know, I never received a copy of any communication. The City Manager felt such a meeting would be inappropriate.... Mayor Young: Did he state that? Mr. Castle, Jr.: Not to me. I don't have any information from the administration. Mayor Young: I wonder if you could just state the facts and leave out your conclusions and assumptions and just tell us why you are here. Every time you get off on one of these asides - well I know I get confused and I suppose some of the other Councilmen do. Why don't you just come to the point? Mr. Castle, Jr.: I will come to the point very quickly, and this isn't directed to the Council, like I indicated at the last session. Mayor Young. Well if it is not directed to the Council then suppose we just terminate'thi.s and you direct it to whomever it should be directed to(., Mr. Castle, Jr.-. Yes, I will direct it to the City Manager. Mayor Young: In that event I will declare a recess at this time and you can talk to the City Manager. Mr. Castle, Jr.. If I may make just one comment... Mayor Young: To the Council? Mr. Castle, Jr.: Yes, to the Council, Mr. Chuck Bahn is the President of the fire fighters Association. Now on the 29th of August I indicated that Mr. Bahn was going to be present at this meeting tonight. He is on duty tonight. Councilman Shearer: Mr. Castle, Jr.., May I ask a question? sir? I am not arguing. Who are you arguing with, Councilman Shearer: Well then d.on°t raise your voice. When some- body directs their 'voice to me and you are . directing your comments to the Council, I assume that they are upset and arguing, Mr. Castle, Jr.*. I am concerned. Councilman Shearci: Well be concerned, but don't raise your voice at me. Mr. Castle, Jr®: Mr. Bahn was going to be present tonight - after all he was there at the meet and confer meeting which the Council requested be held and now he is on duty. We indicated to Mr. .Eliot that we wanted him present tonight because he was their representative and we were going to ask - 19 - CITY COUNCIL ORAL COMMUNICATIONS m Cont°do Page Twenty 9/11/i2 Council tonight to pass on the benefits so we could get that out of the way, and Mr. Eliot indicated there would-be no problem whatsoever. Mr. Bahn requested it in writing that he be allowed to be here tonight and'he is.not here. The Chief indicated he could not come to this meeting. Now I would like the Council to take its recess if it may, but I would like to request that a magi who has been waiting several hours to take his place in the trade of shifts, which will not cost the City any money, go to the station and have Mr. Bahn be relieved so he can make a brief presentation after the recess. Mayor Young: You want to make a presentation in the presence of Mr. Bahn? Mr...Castle, Jr.: Yes, he is the President of the Association. Mayor•YoVng: So you will still make the presentation but you want him here when you do it? Mr. Castle,.Jr.: He was present during the meet and confer meeting. Mayor Young: Excuse.me, just answer my question. You don't want to make a presentation without Mr. Bahn being here? Mr. Castle', Jr.: No, I cant properly do that. Mayor..Young: And that is the whole issue. Mr. Bahn does not wish to address the Council? Mr. Castle, Jr.: He may, based on the comments of the Council. This is the prerogative he has and I think this is the basic misunderstanding with the City Administration as to the right of this representative, he has the right to be here. Councilman Nichols., Mr. Mayor, a point of order. Oral Communications is basically®historically-in our community a time set aside on the Council agenda for members of the community at large to, communicate with Council in terms of their con- cerns.. I personally don't feel that it is at all.appropriate for employee groups..br representatives of employee groups to attempt to utilize the Oral Communications on the Council agenda to bring up matters of their concerns as employees of the City, or representatives of Employees of the City. This is in.no sense on my part an effort to preclude the opportunity. If you find that a representative of the Employee group the -,employees are unable to establish communication With Council through some administrative edta.'tithe Council is fully authorized.to establish its.own agenda and direct administration to place.items on its agenda in a setting when they can give due time to the presentations and discussions and give all of the time necessary for that. I am sure if you find that you are unable to communicate with this,administration and if an employee group feels it cannot communicate in proper channels, a direct communication with the Council to the Mayor would result in your opportunity .to appear before • Council. For the Council to be placed in a position to get into a discussion of employee matters without any opportunity to inform itself in advance because of the avenue of Oral Communications being used would be doing a real uisservice to the employees and yourself. I think you are aware that the Council wishes to, but I would tend to feel I would be doing you a disservice and that the impact you would make through communication at this time under these .circumstances is.disproportionately unfavorable to your cause.. Mr. Castle, Jr.: Yes, under normal circumstances I believe your statements are highly adequate, but just a few CITY .COUNCIL. ORAL COMMUNICATIONS - Cont°do Page Twenty-one 9/11/72 days ago I was to have received a communication from management on a meeting to be held so the -trade in shift thing could be resolved prior to this Council meeting, which does not.give me an opportunity to arrange to be on your agenda. The next Council -meeting Iis in two weeks and I will tell you what is going to happen before then, we will be in court. Mayor Young: Well fine then..... Mr. Castle, Jr.: This is not what we want. we literally pleaded for a meeting with administration. And Mr. Duvall and Mr. Eliot will confirm that. Mayor Young: Mr. Castle, I don't think this Council intends to get itself so deeply involved in the administration of this City that it will declare a recess and order an employee trade a shift in order to have a Council meeting proceed. Now if court action is the only alternative to that then so be it. I can assure you speaking for myself alone at this point and not for the Council, that I am very deeply grieved and upset if, there has been a deliberate action by the administration to preclude the planned presence here and promised prescence here of an employee. I would like to know more about it and-i-f that is the case then I trust it will never -r_e-,q tre:. yho1e:� . e ::±r 49ht qw't .... -7 is the absence of Mr'*.' Bahrr; Mr. Castle, Jr.: No, that is the first issue. Mayor Young: Well that is what you presented - that is the only issue that comes shining through. I asked you a moment ago to come to the point and that is the point you came to. I asked you to relate relevant information and le ave out asides and opinions of what other people are thinking, whose Minds you don't haveo And I am sure you have a sophisticated attorney°s mind and you know what I mean. But the only point we have come to is the absence of Mr. Bahn and this is in response to my inquiry and that was the point. Now if you have some point you want to make to the Council will you kindly make it and let's get on with it or go to court. Mr. Castle, Jr.: There is a second point. The next serious issue. First, with regard to court, we have been antagonized immensely by the City Manager and the Fire Chief, We see it. The men feel it. It is unfortunate, and I don't mean only on the Oral Communications thing but we will get to the bottom of it. There is something and the firemen aren't going to tolerate it. The second point, .one of.our concerns for having a meeting by the 8th was that on the 24th the California State Firemen's Association is holding a conference and the fire fighters have selected two delegates, an additional fire fighter who desires to attend and Chuck Bahn who has been requested to attend by the firemen, and we wanted to have all this resolved before the trade.in shift arised on the 24th. I think Mro Bahn should quite properly be able to attend the conference. '4*'T-tides_ Iii �shkft' were quite common back prior to January until they were terminated and don't cost the City any money. There is an equivalent fireman that will take Mr. Bahn°s place, it doesn't leave the City with one less man and it doesn't cost the City any thing. We would like this question answered because if we have to wait until the next Council meeting it will be after the conference. Obviously this would relieve one serious issue prior to the 24th. Mayor Young: Is there anything .further, Mr. Castle? Mr. Castle, Jr.: The other is the Council recommended and we were very grateful for it, that the fire fighters receive the benefits the same as the police and we have resolved this in our meet and confer meeting, the ® 21 CITY COUNCIL ORAL COMMUNICATIONS - Cont°do Page Twenty-two 9/11/72 question of the clothing allowance and the increased sick leave re- imbursement and we would like Council to pass on that resolution. We don't know why it has not been presented on the agenda. Normally we don't submit resolutions as a result of meet and confer meetings, that would be one thing out of the way and we wouldn°t have to be concerned about that. Mayor Young: Well, Mr. Castle, I doubt if Council would care to act piecemeal on this item and that item. My recollection of Councilman Nichols' motion and I believe I voted against it, was that the City Manager was granted the authority to make the deal and the only reason I voted against it was my interpretation of the motion was that it would not have to come back before Council to take care of the uniform allowance and the accummulated sick leave allowance. I disagreed with the motion thinking it allowed the City Manager to make a deal without coming back to the City Council, but maybe I misconstrued the whole thing. So I think you are in clover however on everything except your trade in shifts and getting Mr. Bahn off on the 24th. I think you are in clover on everything except those two items. Mr. Castle, Jr.: Well Mr. Bahn°s presence at the conference is very significant and would require him leaving early on the 24th. He has those other days off but it is just the Sunday that he needs a trade of shifts on. Mayor Young: Well that is before the Council and I think this is a matter we would appropriately refer to Staff. If I can have a motion? So moved by Councilman Lloyd, seconded by Mayor Young and carried. Mayor Young: Thank you, Mr. Castle. Is there anything further? Mr. Castle, Jr.: No, but I would like to emphasize to Council that there are immense personnel problems that the Council is not aware of. It is not our intention to bring everything to the Council, however I am confronted now with very serious decisions as to what we shall do with the City Administration of this City, whether to harass them by filing legitimate charges against the appropriate persons or try and resolve the question - they won't meet with us. Mayor Young: I think this is a matter to work out with your client. Certainly this Council isn't going to encourage any harassment. This Council is going to stand where it always stood and that is that we desire to deal fairly with our employees. That is our policy and we have expressed it and I think we have shown outstanding good faith in that respect. So good luck to you, Mr. Castle. Mr. Castle, Jr.: I trust that what comes before you -in the next several weeks results in a reasonable application. Mayor Young: Somehow we will bungle along and try and do our job. Thank you. THE CHAIR CALLED A`. -'RECESS AT 9:23 P.M. COUNCIL RECONVENED AT 9:37 P.M. THERE BEING NO FURTHER ORAL COMMMUNICATIONS, ORAL COMMUNICATIONS CLOSED. CITY ATTORNEY - Cont°d ORDINANCE ;.Mr. Wakefield: ..Mr... Mayor and members INTRODUCTION of •C.ouncil p :.at: your' last m6-etir_g. a.questio.n was "tirdised,:.with. refek'7- ence to� . the, di.tribut-ilon. 2of comii :6rcial- .. advertising ..on a -.,door- to: door....basi8: within the .�. 22 - CITY COUNCIL CITY ATTORNEY - Cont°d. Page Twenty-three 9/11/72. City. I have prepared.a brief letter to the City Council which outlines the matter of the problem and also recommended that the provisions of our code be amended to conform to the latest ex- pression of our State Supreme Court and limiting the provisions of the Ordinance to commercial advertising as such and placing an affirmative obligation on the householder to indicate why he does not desire to receive the advertising material on the premises either by posting a notice on his premise or notifying the City Clerk and placing the responsibility on the City Clerk to maintain a list of addresses on which the owners have indicated the desire that they did not1 wish to receive commercial advertising on a house to house distribution basis. The draft of the Ordinance was attached to the letter.,\ "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 6350 AND 6351 AND ADDING SECTIONS 6350.1 AND 6350.2, to the WEST COVINA MUNICIPAL CODE RELATING TO THE DISTRIBUTION OF COMMERCIAL ADVERTISING.BO Motion by Councilman Lloyd, seconded by Mayor Young and carried, to waive further reading of the body of said Ordinance. Motion by Councilman Lloyd, seconded by Mayor Young to introduce said Ordinance. Councilman Lloyd: I looked this over, Mr. Wakefield, and it is very inclusive, but it seems to me it is very restrictive also. I don't know, are we being too restrictive compared to other cities? Mr. Wakefield: Councilman Lloyd, the kind of Ordinance which the City of West Covina currently has on its books is typical of the Ordinances of most cities. This Ordinance is restrictive - yes, but only to the extent that the Supreme Court has indicated that a City may go in connection with the regulation of the distribution of commercial advertising materials. I have attempted to make the Ordinance fit within the limits of the `supreme Court.opinion and yet conform to the basic policy that exists within the City Ordinance. Councilman Lloyd: Okay. How does this affect throw aways or news- papers delivered without request on somebody's lawn - doesn't it restrict that? Mr. Wakefield: It would restrict the distribution of the so- called throw away newspaper. It containp an express exception as to those newspapers which qualify under the regulations of the U.S. Postal Service for distri- bution as third class mail, which briefly means that the newspaper is published on a regular and periodic basis and that it has a paid subscription list. Motion carried. ORDINANCE NO. 1204 The City Attorney presented: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICI- PAL CODE SO AS TO REZONE CERTAIN PREMISESo (Zone Change Application No. 470 - Leon Shapiro)" Motion by Councilman Lloyd, seconded by Mayor Young and carried, to waive full reading of the body of said Ordinance. Motion by Councilman Lloyd, seconded by Mayor Young, to adopt said Ordinance. Motion carried on roll call vote as follows: - 23 - CITY COUNCIL Page Twenty-four CITY ATTORNEY - Cont°d. 9/11/72 AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None RESOLUTION NO. 4630 The City Attorney presented: • ADOPTED "°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ESTABLISHING DEPARTMENT HEAD SALARY RANGES AND AMENDING DEPARTMENT HEAD AND FLAT RATE POSITION SALARIES OF RESOLUTION NO. 1277.1' Mr. Wakefield" This Resolution fixes the Department Heads salaries on a retro-active basis back to July 1, 1972. Motion by Councilman Lloyd, seconded by Mayor Young and carried, to waive full reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Chappell, to adopt said ResolLtion. Councilman Lloyd: Aren't we in the process of discussing this at an Executive Session this evening? Mr. Aiassa: Yes, if you want to. Councilman Lloyd: I think it would really be wise. (Council agreed) I Motion by Councilman Lloyd to hold this item over to the Executive Sessions later in the evening. Seconded by Mayor Young and carried. Councilman Nichols: A point of order, Mr. Mayor. I believe there was a motion and second on the floor that wasn't disposed of? Mayor Young: Yes, that is the motion that was just tabled. Mr. Wakefield: Yes, that is the appropriate procedure. RESOLUTION NO. 4626 The City Attorney presented: ADOPTED "°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RECOMMENDING THAT THE LEAGUE OF CALIFORNIA CITIES SPONSOR LEGISLATION ESTABLISHING A CALIFORNIA STATE COMMISSION ON YOUTH." Mr. Wakefield: This was a recommendation made by our Youth Advisory Commission. Motion by Councilman Lloyd, seconded by Councilman Chappell and carried, to waive full reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Chappell, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None RES0.1,UTTOIT-NO: 4627'�- -The .Ci:t r`7Att6rney presented: ADOPTED °"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA RECOMMENDING THAT THE BOARD OF DIRECTORS OF THE LEAGUE OF CALIFORNIA CITIES APPOINT AT LEAST TWO PEOPLE BETWEEN THE AGES OF 18 and 24 TO THE HUMAN RESOURCES COMMITTEE OF THE LEAGUE OF CALIFORNIA CITIES." Mr. Wakefield: This also is a resolution recommended by our Youth Advisory Commission. 24 CITY COUNCIL Page Twenty-five CITY ATTORNEY - Cont°d. 9/11/72 Motion by Councilman Lloyd, seconded by Councilman Chappell, and carried, to waive full reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Chappell, to adopt said Resolution. Motion carried on roll call vote as .follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None Councilman Chappell: One comment on these two Resolutions, Mr. Mayor. The League of California Cities met and at their last meeting adopted all the ones they were going to bring up. Are we going to submit these direct to the State or how do we get these in the hopper? Mr. Wakefield: Mr. Mayor and members of Council, I think it is true that the time has now gone by for the sub- mission of Resolutions for the consideration of the General Assembly of the League of California Cities Annual Meeting, but I think they should be delivered to the League and perhaps they can be included on the agenda for the Resolution Committee. REPORT ON REQUEST Mayor Young: We have a Staff Report on FOR RATE INCREASE this matter. It is mis- RE TRASH PICK-UP leading in only one respect. Councilman Nichols and I met several times as a Committee of the Council in going over the matter of the rates for our trash collection in the City of West Covina. The Staff Report is quite comprehensive in what is presented to you. Is there further staff material that should be presented? Mr. Wakefield: Mr. Mayor, I think it is included in the City Attorney°s agenda because the rates are fixed by the contract itself and would require an amend- ment to the contract by the City and the Disposal Company in order to implement whatever rate adjustments you may approve. Councilman Nichols: I would only like to offer the observation for a matter of fact that is presented here, that the recommendation tonight for a rate increase for West Covina Disposal is the first rate increase for that firm in the past 3 years during a very highly inflationary period, and I feel the increase as recommended in the .rates from $1.95 to $2.15 per month for single family residences in our community is a moderate increase and 11 deserved by the facts at hand and one.imn which I am sure the citizens of the City will understand and will go along with. Mayor Young: It appears to be the case from the lack of response and I know there has been extensive coverage in the newspapers in regard to it. Have you had anything on it from the public - Mr. Aiassa - that we are not advised on? Mr. Aiassa. No, I have not. Mr. Zimmerman, have you? Mr. Zimmerman: Mr. Mayor and members of Council, no, I am not . aware of anything having been received opposing the rate increase. Mayor Young: This is a substantially scaled down request from the one which was brought forth with so much criticism a year ago. Councilman Chappell: I think it should be pointed out that this raise hasn't been just an arbitrary thing but that the complete books have been examined and the .facts are there that their costs have gone up in the way of labor and - 25 - CITY COUNCIL Page Twenty-six CITY ATTORNEY - Cont°d. 9/11/72 material and the cost of maintaining their equipment, so that we are not just sitting back and causing an increase to develop but it is because of these things and that they haven't had an increase in 3 years. I don't think that is really of greatest .importance other than the fact that during that period these costs have continued to rise and have continued to cut down on profits to where anyone under the normal conditions wbdld have had an increase a long time ago, but they must come before us and we must approve of it. So I feel we have really got it down to the bare bone again and perhaps we will be looking at another request in a year or two to keep up with the con- tinued rising costs. I will certainly approve of this type of an increase. Mayor Young: Thank you, Councilman Chappell. Construing Councilman Nichols' statement as a motion and yours as a second - is that Mr. City Attorney? Mr. Wak6field: Mr. Mayor, the appropriate motion would be to instruct the City Attorney to prepare and authorize the Mayor to sign an amendment to the contract between the City and the West Covina Disposal Company providing for an increase in the rate for the collection of refuse from single family residences to $2.15 a month and in multiple®f amily'units to $1.40 a month. So moved by Councilman Nichols and seconded by Councilman Chappell. Councilman Lloyd: Mr. Mayor, I have a couple of questions. Apparent- ly you and Councilman Nichols have met with these people. In your background on the thing where do we stand in comparison with the City of Covina and with Webster Disposal? Mayor Young: I will have to defer personally to the City Manager for an immediate answer. My final recollection is that we stand very favorably among numerous cities as well as the two you mentioned. Mr. Aiassa: Mr. Zimmerman, do you have the breakdowns? Mr. Zimmerman-. I don't have the breakdown in the file. However, the average price from 15 surrounding cities which included Covina and a number of others came out at the $2.14 average for a single family. Covina actually has a rate of $2.00 for Rml. Councilman Lloyd: That is what I wanted to know. Mayor Young. That is a municipal service. Councilman Lloyd: That ha= nQ hing to do with it.. It is a service to the people. I am not really very favorably disposed to this. I am not convinced that we have to pay this much ® frankly. I think we can go elsewhere and take a • look and see what thebidis elsewhere. We are increasing this and the man has a contract o Mr Aiassa: Yes and he pays a 5% franchise. Councilman Lloyd: What has that got to do with it? Can we contract with another Company? Mr. Aiassa: You would have to show cause for breaking the contract. I think Mr. Wakefield can give you the legal proceeding on this. a, - 26 CITY COUNCIL CITY ATTORNEY - Cont°d. Page Twenty-seven 9/11/72 Councilman Lloyd: I am not worried about the legal proceedings. The question was - could we commit to another contract with another Company? Mr. Aiassa: Not with the existing contract. Councilman Lloyd: Okay, he contracted for how much money? Mr. Aiassa: He contracted on the basis that over a period of time probably every 2 or 3 years he has an option to request a rate adjustment. He made his first request for a rate adjustment way back a year ago ... Councilman Lloyd: Yes, I got the first message, the $3.00 one. He throws these things out and I am not sure always with a great deal of responsibility, but the point is that we are in the process of asking the people of this City not only to pay a 20(� tax raise but now a raise in disposal services, probably very small - 20(,' - but nevertheless a rate increase. He got a deal with the City at $1.95, that is his current contract. Mr. Aiassa: Well if you look at the summary sheet attached he started back in 1953 and we had garbage pick up as a separate item and when we raised the rates in the past period to $1.75 we combined the garbage and the trash so people didn't have to put out trash cans and garbage cans. Councilman Lloyd: You also changed the pick up dates. One day was for one refuse and the other day for the other and we combined the pick up. Mr. Aiassa: It was a combination pick up. The number of garbage requests was so small that it was actually a very difficult bookkeeping procedure and by our negotiating with them instead of them coming in with an heavier rate increase in 1969 we just said - okay you pick up everything at one time. Councilman Lloyd: I understand but what I am saying one way they were picking up twice a week and now they are picking up once a week and that is the point I am making. 5o we have a difference in the coast of doing business. Mr. Aiassa: Yes, but when he was doing it twice a week there was probably ._._ one quarter of the places he picked up on because of Qarbage disposals and he only picked up garbage on that one day. So by combining _ it wasn't necessary to sort it out and it was picked up all at one time on the same day. Councilman Lloyd: I understand that, but I am saying he reduced by some percentage factor the cost of the operation mile for mile of his vehicles plus the time involved in going to and from, and from two situations to one, and I think the answer to that is - yes. iCouncilman Chappell: Back in 1.965 he did that. Councilman Lloyd: Okay, so in other words you were using that to show me why it was necessary we change these things and I am saying 'eyes" and there is another variable where two trips have gone to one. I think .if there is any balance we have come off on the balance. I am just not favorably disposed to this. Mr. Aiassa: You have a right to make your decision as a Councilman, but as your professional staff we - 27 0 0 CITY COUNCIL CITY ATTORNEY - Cont'd. Rage Twenty-eight 9/11/72 have submitted a breakdown on it where they have actually justified in their dollars and cents a $2.50 rate and also an apartment house rate that was higher than we are recommending. As you will remember in January it was the staff that did not come forth with support when they.wanted to raise the rate to $,3.00. Councilman Lloyd: What kind of controls do we have on the rates and what kind of review processes does the City have to know that these people do indeed complete the routes and all the other things required in the prescribed manner, time, etc.? Mr. Aiassa: We have notices and input. Anyone that complains usually does so through the City and we turn the complaints over to the West Covina Disposal Company and they in turn proceed to take care of the problems and we check back to see that the party has been taken care of in a satisfac- tory manner. When the first breakdown came in for an increase to $3.00 we had a break down in services and had a real uprising of complaints. In the last 4 or 5 months we have had nil reports in complaints. So it shows that the service is improving and we have made spot checks to see how his operation works out. It is a private enterprise and he is entitled to ..... Councilman Lloyd: Mr. Aiassa: costs, etc., which and came back with equitable rate for community. If you Councilman Lloyd: He is entitled to nothing over and above what his contract calls for. That is what he is entitled too. At the meeting we had with Mr. Young and Mr. Nichols, they specifically asked for their bookkeeping records showing their receipts, they provided. This is where we made the analysis our report stating that this appears to be a fair maintaining the standards and services in the want him to cut down the services and reduce the. — swing to you isn't disposal company and do it for $2.00 why Wait a minute, Mr. Aiassa, you are saying the only option I have is to either raise this or to reduce the services given to the people and I. am there a possibility of our going to another service achieving exactly what we have. If Covina can can't we? Mr. Aiassa: I can give you two good reasons. Noo 1 - the City operation which I ran in Tulare ran cheaper than all the private collectors for two basic reasons: Our overhead and service was maintained in a larger unit of the Corporation Yard and not divided for just one service such as trash trucks-, No. 2 - I had substitute employees that I didn't have to hire separately-, and No. 3 - we were not union. Councilman Lloyd: What you are saying you were really getting :somebody else to pay for it out of other city situations - well and good. In other words you are saying the City of Covina enjoys a privileged position as a result of being able to trade off services in the City. Mayor Young: I think, Councilman Lloyd, :there is a matter of capital investment which you are required to get into at first and I don't know how many years it would take us to recover that investment, but it would certainly be an item of consideration - several million dollars. Councilman Lloyd: If in anyway I have .inferred that the City should get into the trash business - perish the thought. CITY COUNCIL Page Twenty-nine CITY ATTORNEY - Cont°d. 9/11/72 Councilman Nichols: It is apparent to me that you have perhaps not had the opportunity to get into this matter in the same depth that Mayor Young and I have at the several meetings we had. I am prepared to go in several directions on this. If your feet are in concrete philosophically on the issue and if you feel plumbing the depth of information further would help I would be amenable to holding the matter over for two weeks,but not just as an exercise. Mayor Young and I meat several times on this, we went round and round because we felt we didn't have adequate informa- tion to make a determination on .it. The initial Staff recommendations informally, frankly was somewhere around $2.35 and"we indicated we weren't prepared to recommend anything to the Council with the informa- tion we had available to us at that time. Subsequent to that there has been a pretty close audit of the company books on the rate of their return and capitalization and my conclusion was in terms of the signi- ficantly increased cost the Company has had that an increase from the $1.95 to $2.15 was a very modest increase for the quality and level of service we are getting , which I feel has been improved significantly over the past years. You indicated that the man had signed a contract to provide services at a certain rate bnd that is correct, but within the framework of that contract there are stipulated times when that contract can properly be reopened and _remuneration within the contract can be reopened. It is rather obvious that a contract made in 1953 can't be held to the same rate in 1972. So it is my conclusion based on the study I have done and the conversations we have had, that this is a reasonable request and the Company should have it. It is always onerous and painful to be the author of any cost that evolves upon someone else, but that was my conclusion and I guess it was Mayor Young's. If you desire more time I would certainly be prepared to provide it and if you don't then I think we should get on with the vote. Mayor Young: I will concur with the remarks of Councilman Nichols. Councilman Lloyd: Well I am sure that you are aware and I know you are and share my concern over the 20� tax raise that we have just come through because I remember speaking to you personally and now I am turning around and adding another tax raise. You can call it anything you want but it is money out of the pockets of the people living in West Covina for a service which they have every right,to expect at the most moderate cost. I suspect from your recommendation you were strongly suggesting a "yesBe vote on my part at this moment - is that correct? Councilman Nichols: I am if you can see your way to it. Councilman Lloyd: I will consent to your request and vote °°yes°°. Councilman Chappell: In my negotiations as Council representative a year or two ago when we turned down the request, there was some discussion of picking up some of these larger items that we charge for and now pick up on a two year basis in our clean up campaign. Was any negotiation or conversation brought out to pick these items up more often than once every two years? Mayor Young: I don't believe so. I think it is still on an every other year basis. I would defer to Councilman Nichols or Mr. A.iassaa Councilman Nichols: Actually I think the contract does provide for that and the reason we skipped last year was because Staff recommended to us that the City°s portion of that involvement was a costly thing and because of our budgetary restraints that we pass it up and go to the action every other year. But that is in the contract and they will have to honor that when we are prepared to establish another clean up time. - 29 - • CITY COUNCIL CITY ATTORNEY - Cont°d. Councilman Chappell: Councilman Nichols: Councilman Shearer: But this was in addition to to having say a refrigerator you would have to do is call arranged for pick up, No, that was not discussed. Page Thirty 9/11/72 that with regard picked up - all up and have it Well they will pick it up now but they will charge you for it. Councilman Chappell: Yes, but there was some discussion at that time to arrange to have items of that kind picked up at no special rate. Mr. Aiassa: As you will remember it was two or three years ? ago we lifted out special large items and made a flat price for pick up, where before when a party requested the service they would come out and evaluate what the cost would be. This way it was determined and set up in the agreement what the charges would be in advance. Councilman Nichols: Mr. Mayor, I certainly do appreciate Councilman Lloyd's concern and I appreciate his willingness to concur and make it a general Council action. Motion carried on roll call vote as follows: AYES::. Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT. None COUNCILMEN°S REPORTS/ Mayor Young: Gentlemen, with your COMMENTS indulgence I would like to honor a promise I made a few minutes ago to some of the press, that we would accelerate the Councilmen's Reports/Comments, which normally comes near the end of the agenda. I know Councilman Lloyd has an item that I also have taken some active interest in and if you are not prepared to come in at this time then you will not be precluded later in the agenda as a matter of privilege. (Council had no objections.) Councilman Lloyd: I have been approached® -as youAMayor Young, by the local press, they are very muchconcerned over an order or instruction at City Hall which was released to the press, the methodology thereof. I have reviewed it and I have also talked to the City Manager on the thing and there is no doubt in my mind, although I think the City Manager should speak on this if I say anything in anyway which would reflect other than that which he really intended. There is no doubt in my mind that there was no intent whatsoever to stifle the press. That unfortu- nately the historical significance of this was that one of the local papers had released some information which the City Manager considescd premature and on that basis I am afraid that I probably perpetuated part of the instruction by way of advi8ing the City Manager as a person that deals in the area of public relations.and certainly press relations,7 that we.gught to formalize an order in the normal flow of information from the City Hall to the press. I think he did do that and I think in his attempt to assure that nothing would again get out which would jeopardize - let's say our Redevelopment situation, and that was jeopardized, that he made the order as strong as possible. Unfortunately it turned out that one of the other news- papers felt that their position was materially put upon and I agree!.it turned out that way. It wasn't intended, but it worked out that way. In addition to that there seems to be,if we enforce to the letter of the law, a bit of a°..thx-oviaag .the baby out ,. a. 301 _. CITY COUNCIL COUNCILMEN°s REPORTS/COMMENTS Page Thirty-one 9/11/72 with the bath water", and I spoke to the City Manager and suggested that this be softened so that we could have good press relations with the newspapers. I think he ought to comment on it. Mr. Aiassa: Mr. Mayor, I would like to add one item. The • reason I took some delay in regard to the communication is because a party from my staff prepared it and I felt should have a right to state his purpose and today we had a meeting with the editor of this particular paper and I think we found an area of agreement suitable for us to maintain our closed immunity in certain situations of land purchases, etc., and also we guaranteed him that we had no intentions of turning off all the pipelines at City Hall and all the public records, etc. I think it was the factor that the written communication - and really any document can be translated in any light and any way you want, -arid can be translated in a literal sense that it is.personally applicable on one side and not quite acceptable and applicable on the other side. I think the purpose and intent we reached today was that it was basically valid procedure and it was just a matter of namienclature and wordage. This is a matter we will work out and there will probably be a publication coming out on this in a day or two. We have both come to an agreement on certain language and phraseology, but the intent and purpose is still pointed out. I wanted to put some sort of a "gag rule" on this because one of my Departments was contacted on an incident on the freeway and I didn't get a written report on it, and then another one went through another Department and this happened to be on the freeway and our boy happened to be "�ohnny-on- the-spot" on it and I didn't get a written communication on it. So I think the whole thing was blown a little bit out of proportion to what we were trying to achieve and maybe we put more down in black .and white then would normally be done but we did have a problem, we did have new personnel and we had a certain amount of heavy confidence material that could be misconstrued and we did experience at certain intervals that factual data was not completely reported in regard to budgetary figures, etc., and all we were trying to do was eliminate confusion. Mayor Young: I think the general policy of the City is that the City is open to inquiry by'--the",}bublic including the press, Department Heads and City Personnel, where this is appropriate for appropriate answers as to what is going on in the City. Isn't that our general policy? Mr. Aiassa: Yes and I think the communication as it was put out put more basic responsibility on the people that do meet with the press and that there are certain things they should be aware of when they make remarks - unless it is their project and they know all the details - don't confuse and muddy the water. .And in essence this was what we were attempting to do. Mayor Young: In other words you prefer that the Planning Director not comment on what is happening in the Police Department? Mr. Aiassa: Absolutely, and I certainly don't want vice -versa. And one of the things the press must appreciate is when they do want information it is available and we will put them in the right channel and direct them to the right source, Councilman Lloyd: I just'keally do feel we did have a bit of mis- understanding on the thing and I am sorry because I think we have had very good press relations and I know Mr; Aiassa has tried very hard in that area and I think he has done a good job of it. I do recognize that the - 31 - CITY COUNCIL Page Thirty-two COUNCILMEN'S REPORTS/COMMENTS 9/11/72 complexities of our living in an -urbanized situation here have risen considerably and I think in just the short span of time I have spent in the area I watched the Sentinel grow from a free paper handed out on the corner of Badillo and Citrus to the growth of the Covina Argus Citizen:: and other papers combined into the San Gabriel Valley Daily • Tribune, as a result of this growth it.,of::.courser,brings about change in.everything. Let me say only this, I made the offer to the City Manager and I would reiterate it in public, which may be a bad thing for people to give away that which they sometimes sell, but if in anyway I can be of help in the area of press relations, since it is my profession and all, I would be more than willing to help if I could help. Mayor Young: Is there anything further on this point that we are discussing? Councilman Shearer: I am not exactly sure what we have been saying here, but I saw the editorial in one of the papers that called this "a gag rule" and I was quite surprised. Quite frankly when I received a copy I read it and saw nothing out of line and threw it away. So I was somewhat at a loss to what the editorial had reference to. I got another copy and still personally saw nothing in the memo that is in anyway "a gag rule" in my opinion. So I personally wasn't offended at what the memo said and I was somewhat offended at the editorial in the papers. Councilman Lloyd: Mr. Mayor, I have one further item. One of the major problems we face in our area and Mr. Armstrong really was reiterating it, is the fact that we have an island or finger which comes down Cortez Street and it is halfway between Barranca and Citrus which is County, and Mr. Armstrong spoke to me about this and I also spoke to Mr. Aiassa about it and I think it requires some attention. The solution of the problem in my opinion is the annexation of the area into the City of West Covina. If we go forward with that development which ought to occur. We have open gutters which are filled with debris and the flow of stuff that plugs up the culverts. I would like to make a motion that Staff contact County to see if there is any possibility of a solution of finishing off Cortez -at least between Barranca and Citrus, or that area where the City begins. I am also very discouraged where the City leaves off at Forestdale and goes through to Barranca, I would like to have that finished off too, but perhaps that is asking the County to do too much, Mr. Aiassa: We have done some basics already on this even before Mro Armstrong appeared tonight and it is going to be a very costly project. We dial put the Vine Street drain in and saved all the trees and this is going to be a similar type of expense, which is very expensive. Mr. Zimmerman is running up the preliminary figures and this may be one thing that our Supervisor can get his fingers in. Councilman Nichols: I wi.11 second your motion, Councilman Lloyd, and that will propel the Staff's cogitations to a new item. Motion carried- Mayor Young abstained. (Mayor Young explained his season for "abstaining" was due to the fact he was passing notes Muting -the. dlgcussi6n and -hadn't paid complete attention to it.) • CITY COUNCIL Page Thirty-three CITY MANAGER'S AGENDA 9/.11/72 FIELD TRIP Mayor Young: We have a Staff Report FIVE YEAR PLAN AND with a suggested field WEST COVINA PARKWAY trip which would call for a tentative date when we adjourn this evening. September 18th is suggested at 4 P.M. Is that time and the place agreeable? Councilman Nichols: I would move that Council proceed to adopt this recommendation as its last action tonight. Mayor Young: All right. Hearing no objections we will await a motion to adjourn to these quarters on September 18thm I assume we meet here and then take the tour and that would be followed by dinner® (Mr. Aiassa stated the place of the dinner would be made known later after arrangements are made as to the number attending.) Councilman Lloyd: I presume the press is invited? Mr. Aiassa: Yes. WEST COVINA SYMPHONY Mr. Aiassa: ORCHESTRA & SOCIETY DIRECTOR AGREEMENT We have a request for a holdover on..:this because we are meeting with the Chairman and there are some questions on this. Motion by Councilman Nichols, seconded by Councilman Lloyd and carried, to defer this item to the next regular Council. -meeting. - NOTICE OF PUBLIC HEARING RE AN INTERIM OPEN -SPACE ELEMENT FOR THE LeA. COUNTY GENERAL PLAN & REFINING & AMENDING SAID PLAN they are going to formulate surrounding cities. Mayor Young: Wehave a Staff Report on this notice for public hearing, so I presume this is informational. Mr. Aiassa: I wanted Council to know that we should send representation because important factors with regard to the Mayor Young. Do you propose to designate a staff representa- - tive and you want Council approval? Mr. Aiassa: Yes, so in case we have to make an oral communication at least we have the credence of the Council. Motion by Councilman Lloyd, seconded by Councilman Chappell and carried, directing the City Manager to designate a member of his staff to attend the Regional Planning Commission meeting on September 25, 1972, at the Rowland Hills High School Gymnasium at 9 A.M. RESOLUTION NO. 4628 Mr. Aiassa: This Resolution is in ADOPTED regard to'action taken by the Personnel Board and previously approved by Council. We have now prepared the Resolution for Council adoption. The City Attorney presented,. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING RESOLUTION NO. 1277, RELATING TO .LIMITED SERVICE EMPLOYEES AND PRESCRIBING THE SALARY RANGES APPLICABLE TO CERTAIN CLASSES OF SUCH EMPLOYEES IN THE COMMUNICATIONS DEPARTMENT." CITY COUNCIL Page Thirty-four CITY MGR: Res. #4628 9/11/72 Motion by Councilman Lloyd, seconded by Councilman Chappell and carried, to waive full reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Chappell, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None APPROVAL OF PUBLIC SERVICES Mayor Young: You have the recommenda- DIRECTOR CLASS SPECIFICA- tion of Staff before you TION and also the Personnel Board. Are there any comments? RESOLUTION NO. 4629 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING CLASS SPECIFICATION FOR PUBLIC SERVICE DIRECTOR." Motion by Councilman Lloyd, seconded by Councilman Nichols and carried, to waive full reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Chappell, to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None MAYOR'S REPORTS PROCLAMATION Mayor Young: I have been asked to proclaim Square Dance Week in West Covina, September 10 to 16, 1972. If there are no objections, I so proclaim. UNITED NATIONS Mayor Young: Also we have a request from the ASSOCIATION United Nations Association re- garding the appointment of a United Nations Chairman for this locality for 1972. I simply submit this to you for any connections you would care to make. If agreeable I will suggest that we hold this over for discussion in the Executive Session we­�will be having shortly. (Council agreed.) DEMANDS Motion by Councilman.Lloyd, seconded by Councilman Shearer, to .approve Demands totalling $303,958.67 as listed on Demand Sheets B539 through B541, B543 (a) and C838 (a) ® Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None MAYOR YOUNG AT 10:35 P.M. CALLED AN EXECUTIVE SESSION OF THE COUNCIL ON PERSONNEL MATTERS. COUNCIL RECONVENED AT 11:34 P.M� • RESOLUTION NO. 4630 Mayor Young: May we have a roll call vote on the motion previously made for the adoption of this resolu- tion? Motion carried on roll call vote as follows: AYES: Councilmen: Shearer, Nichols, Lloyd, Chappell, Young NOES: None ABSENT: None - 34 - CITY COUNCIL ADJOURNMENT • ATTEST: CITY CLERK U J Page Thirty-five 9/11/72 Motion by Councilman Lloyd, seconded by Councilman Chappell and carried, to adjourn this meeting at 11:35 P.M., to 4 P.M. on September 18, 1972. APPROVED: ANTAAKR - 35 -