02-15-1994 - Abatement of Graffiti Ordinancecity of West Covina.
Memorandum
To: City Manager
City Council
From: Environmental Services
Director
Subject: Abatement of Graffiti
. Ordinance
ITEM NO.
DATE____2_-_/_'5___—�2�
40 PRINTED ON RECYCLED WER
SUMMARY: The , Zero Tolerance Anti -Graf f iti Task Force has
recommended the City adopt amendments to the Municipal
Code regarding the abatement of graf f iti in the City.
This ordinance has been reviewed by the Task Force and
others. The Task Force is recommending approval of the
ordinance.
On June 15, 1993, the City Council -appointed Zero Tolerance Anti
Graffiti Task Force (Task Force) presented to the City Council a
.,comprehensive report on recommended actions to improve the City's
anti -graffiti efforts. One of the recommendations was to adopt an
ordinance similar to Diamond Bar and -other cities to control the
implements used in graffiti vandalism and strengthen the penalties
and responsibilities f or such vandalism. The City Attorney has
completed a review of the Municipal Code provisions regarding
graffiti and has drafted the attached ordinance to supplement the
existing provisions to include the recommended features. This
ordinance has been reviewed by the Task Force, the Chamber of
Com . merce, and others and suggested revisions have been incorporated
where appropriate. . The Task Force recommends the City Council
adopt this ordinance.
History I
The Task Force made their initial recommendations in June, 1993.
They had reviewed the ordinances.of'other cities., such as Diamond
Bar, and determined West Covina needed to amend the Municipal code
to:
1. Place the implements of graffiti vandalism under. some
controls by retailers and limit the purchase and
possession of these imp ' lements. These implements include
but are not limited to aerosol paint containers, markers,
paint sticks and etching devices.
2. Increase the penalties imposed by the City for graffiti
vandalism, hold the vandals more. accountable and:p,lace
greater responsibility on the parents of the graffiti
vandals.
The City Council referred the proposed ordinance amendments to the
City Attorney to draft proposed. amendments that will accomplish the
desired ends by supplementing the existing code provisions. The
drafted amendments were then circulated to the Task Force members
and the City Council representative, Councilmember McFadden. The
Chamber's ordinance and Projects Committee reviewed the draft at
their January 17 meeting. The Task Force subsequently reviewed the
draft ordinance at their December 6, 1993 and January 31,1994
meetings. The changes suggested at these meetings, including all
of the changes suggested by Councilmember McFadden,, were
incorporated into this final draft. . The Task Force members in
attendance at the January 31 meeting recommended the City Council
adopt this ordinance.
Control of Graffiti Implements
The proposed ordinance will require all businesses in the City to
place aerosol paint containers, markers, paint sticks, and*etching
devices under additional controls. The businesses will be require ' d
to 'have any purchaser show they are over 18 years old before
selling the product. The businesses will be required to place
these implements under enough controls to prevent unauthorized
access.. The proposed ordinance also requires the businesses to
provide the required signing regarding the limited access and sale
to persons under 18-years of age. Any violation of the ordinance
will be a violation of the Municipal Code or State law which ever
is appropriate.
To place these implements under strict control, the business could
use a locked cabinet, glass display case, place them on the wall
behind the counter or oth4rwise.locate them to prevent access.
Staff . reviewed the business license list to attempt to determine
the number of businesses that may be impacted by the proposed
ordinance. It is estimated that 114 businesses may be affected.
.including:
Business e Number
Paint stores 4
Miscellaneous Retail (Aaron -Brothers) 1
Hardware store 1
Hobby, toy & game shops 4
Stationary stores 8
Variety stores ..6
Liquor stores .23
Gift, novelty & souvenir stores .27
Miscellaneous General Merchandise 8
Grocery Stores .15
Pharmacies & Drug Stores 17
114
When these types of controls were last examined in 1990, the
Chamber of Commerce surveyeTthose businesses who. had paint spray
containers that had contents that exceeded 6 ounces. At that time
the number of businesses affected was far fewer than the 114 that
could be affected now. The 1990 survey only had eight businesses
responding. The result of that survey was four businesses
supported the restriction and four businesses opposed the;
restriction.
There has been 'no recent survey of the- potentially * affected
busine , sses by the Chamber or by City Staff. In the absence. of a
more recent survey, the Chamber of Commerce took a neutral, position
on -the limitation of access provisions of the proposed ordinance,
but are supporting all other provisions of the ordinance.
California Grocers Association has also expressed interest in the
proposed ordinance, but Staff has not been informed of their.
position on the ordinance.
During the course of the Task Forces review of the proposed
ordinances provisions several other points were discussed. These.
included:
1. The experts in the prevention and removal of graf f iti have
stated that the restriction of access to these implements may
have unintended consequences and probably will not reduce the
amount of graf f iti in the community. They pointed out that if
the spray container is controlled, the taggers could resort to
the use of regular household paints and roll it on. They also
pointed out that the taggers and other vandals go to swap
meets to purchase the materials by the case or steal the
materials. Thus, it cannot be definitively stated that the
control of these implements,will reduce graffiti in the City.,
2. Several cities in the San Gabriel Valley have this type of
control ordinance. Los Angeles County has a similar
ordinance. Field observation and discussions with staff in
other cities indicates there has been no appreciable drop i . n
graffiti in these communities to date..
3. The level.of enforcement by the City could,be limited by the
financial resources to pay for the staffing of Code
Enforcement and the overall priorities of the enforcement of
the City's codes. Staff is currently considering how $845,000
could be cut from the current .1993-94 budget,. We are
expecting that we will have to cut $1.2 million from the 1994-
95 budget as we develop- it in �the coming months. Even if
there is no reduction of personnel, Code Enforcement is only
reacting to complaints and is not proactively seeking code
violations. Thus, the implementation of this code provision
would be up to the business person to comply and be subject to
complaint if they do not.
After, the Task Force discussed the above points, they acted to
recommend the attached ordinance.
Penalties and Responsibilities
Code amendments are proposed to raise the level of penalties to
those allowed by law. The strictness of the code on the possession
of the graffiti implements has been enhanced. The parental
responsibility for the graffiti vandals has been added. Overall,
the current municipal code has been strengthened to the limit of
the law.
As noted earlier, this ordinance has been reviewed by the Task
Force, the Chamber of Commerce, the Police Department, the City
Attorney and others. Any suggested changes that would be permitted
by law have been incorporated into the proposed ordinance.
options
-,,The City Council has several options in addition to the adoption of
the proposed ordinance.' These include:,.
'tations to the
1. Adopting an ordinance without � the limi
access to the listed graffiti implements.
2. Introducing the ordinance but,hold off the adoption until
the Chamber of Commerce surveys the businesses that could
possibly be affected and report the results to the City
Council.
3. Not introducing the proposed ordinance.
Summary
The provisions within this ordinance- . have a greater impact on
businesses, graffiti vandals and those responsible for the vandals
than the current municipal code. Staff supports the need to
strengthen the penalties. -and responsibilities. of those who
,vandalize the community or allow minors to do so. Staf f- is
concerned that the impact of the limitations on the access to the
implements that may be used for vandalism may catch some businesses
unaware and may have, a greater impact on them than on the vandals'
accessibility to the implements. However, as noted above, the
Chamber of Commerce overall supports the proposed ordinance.
The Zero Tolerance Anti -Graf f iti Task Force recommends the City
Council adopt the proposed ordinance. If the City Council is
comfortable in going forward with an ordinance, Staff recommends
the introduction of the -proposed ordinance that is attached.
Recommendation
It is recommended I the City Council approve the' revision of the
Municipal Code regarding graffiti abatement. by introducing the
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following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA
AMENDING AND EXPANDING PROVISIONS REGARDING ABATEMENT Of GRAFFITI
Micnael L. miiier
Environmental Services Director
Attachment
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL.OF.THE CITY
OF WEST COVINA AMENDING AND EXPANDING PROVISIONS,
REGARDING ABATEMENT OF GRAFFITI
The City Council of the city of'West Covina,does ordain as
follows:
Section 1. 1 Findings.
The City Council finds as follows:
A Graffiti is inconsistent -with the City property
maintenance. goals and aesthetic standards and� the existence of
graffiti. on public and, pri vate property is obnoxious and a
blighting factor which not only depreciates the value of the
property upon which it exists",but also depreciates the value of
adjacent and surrounding properties in.the community and adversely
affects the business community.
B. The proliferation of graffiti is often gang related and
may be a sign of the existence of broader and more significant
illegal activities.
C. The prompt removal of, any and all graf f iti wherever
located in the City is in the public.interest and for the public
benefit, as the continued existence of graffititends to attract
additional' graffiti and may encourage other acts of malicious
vandal*
ISM.'
D. City Council encourages the courts dealing with graffiti
.taggers,and their parents to utilize any and all available and
effective remedies, including but not limited to required parental
removal of graffiti or revocation or suspension -of driving,
privilege.
E. . A program authorizing the use of City funds to -remove
graffition public a nd private property- is a suitable mechanism for
the prevention and removal.of graffiti within the.City.
F. Graffiti implements and paraphernalia, especially those
used by gang members and criminals, may often be stolen, and
therefore reasonable regulations are needed to, discourage the theft
of such implements and paraphernalia.
G. Adoption of an ordinance making the presence. of graffiti
unlawful on any property will: (1) assist. and encourage property
owners to cooperatively engage in measures to prevent graffiti, as
well as to remove g . raffiti from their property in a timely and
beneficial manner; (2) alert parents and legal guardians to their
involvement in, and responsibility for, payment of civil damages
resulting from the willful misconduct of a minor in their charge;
(3) notify any per . son who willfully damages property by inscribing
graffiti that his or her acts will have -direct personal consequence
which may include fines, imprisonment, - court mandated community
service, suspension.and/or delay of driving privileges; (4) no . tify
retailers within the City that it. is unlawful to sell or give to
any individual under the age of eighteen (18) years certain
graffiti implements as defined by this Ordinance and that they must
keep,, store and maintain certain such implements in a secure
location, and otherwise, inaccessible except by special request; (5)
advise any person, . firm or corporation engaged in the retail sale
of certain potent ial graffiti implements of its responsibilities.
under this ordinance and to the pote . ntial consequences, including
the impositio . n of a fine, imprisonment -or both, for failure to take.
proper precautions to keep, store and maintain in an inaccessible
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location any implement regulated by this ordinance; and (6) secure
the cooperation of residents, bus inesses, and contractors of
services in the arrest of individuals responsible for inscribing
graffiti on property by providing,for the payment of a reward for
information leading to the apprehension and conviction of. any
person who willfully places graffiti or other. inscribed material
upon public or privately owned property within the City.
Section 2. Chapter 15, Article IV is amended to delete
Sections 15-98 to 15-107 whic'h were reserved, and which now. are
transferred to Chapter 15, Article V.
Section 3. Chapter 15, Article V, Division I of the West
Covina Municipal Code hereby is 'amended to -read as follows:
15-98. Definitions.
Whenever the following words and phrases are used in..'this
Chapter, they shall have the following meanings ascribed to them:
A. Graffiti. Any unauthorized inscription�, symbol, design
and/or -configuration of letters, and/or numbers written, drawn,
scribedA, etched,' marked, painted, stained, stuck on or Adhered by
any means whatsoever, to any surface whether publicly or privately
owned; including.but not limited to, trees, signs, mailboxes/
poles, fixtures, utility boxes, trash -containers, walls, windows.,
roofs, paths, fences, walks, streets or,pavement,. under/overpasses,
,tunnels, bridges, trestles, drainage.fdcilities, buildings. and/or
the'interior or exterior of any other structure or surface. The
term "graffiti" shall include the commonly used term "tagging" and
those two terms shall be interchangeable as used in this Chapter.
A graf f iti implement is any. implement used f or graf f iti, including,
but not limited to the following:,
Aerosol Paint Container. Any canister, can,.bottlet
container, . or other receptacle., which contains any substance
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commonly known as paint, stain, dye and/or any other pigmented
substance which is and/or can be pressurized in order to propel any
such substance.
2. Markers. 'Any implement commonly known. as an-. indelible or
perman . ent ink marker and/or marking pen and/or similar implement
which contains any pigmented substance including, but not limited
to, ink or any other substance which cannot be easily and
completely removed with water after said substance has dried, which
implement at its broadest width is greater than 1/811 or which
leaves a mark of at least 1/811.
3. Paint Stick. Any device which contains any substance,
solid or liquid', including, but not -limited to, any form of any
substance commonly known as paint, stain, ink, chalk, wax, epoxy
and/or any other similar substance which' c, an be applied to any
surface by such means as applying pressure to and/or contacting any
surface in such a way as.to leave any visible mark, which at its
broadest width is greater than 1/811 or which leaves a mark,of at
least 1/811.
4. Etchers. Any tool, device and/or other mechanism
including, but not limited to, glass etchers, metal etchers,
cutting instruments, drill bits or any other instrument that is
capable of permanently scratching or otherwise marking any surface
including, but not limited to, glass, mirrors, windows, steel,
aluminum, brass., tin, fiberglass, wood, plastic, concrete or any
other surface.
B. Bona Fide Evidence of Majority and Identity. Any
document evidencing the age and identity of.an individual . which has
been issued by a. federal, state or local, government entity, and
includes, but is hot limited to, a motor vehicle. operatorls-
license, a registration certificate issued under the Federal
selective Service Act, or an identification card issued by.a member
of the armed forces.
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15-99. Declaration of Public Nuisance..
A. Graffiti which appears on any property and/or structure
so as to be visible from a public.'right-of-way or.other public
owned property is hereby declared to be a public nuisance subject.
to abatement as provided in the Article V and any other applicable
provisions of the West Covina Municipal Code.
15-100. Prohibition Against Causing or Attempting to Cause
Graf f iti.
It is unlawful f or any person or group of persons to , apply or
cause or attempt to app I ly or cause graffiti or totag including,
but not limited to, any of the following acts:
A. Drawing, scribing, etching, marking, painting, staining,
sticking or adhering by any means wha tsoever, any unauthorized
inscription, symbol, design, and/or any markings 'of any kind
including but not limited to configuration of letters and/or
numbers upon any surface, whether publicly or privately owned,
including, but not limited to, trees, mail boxes,'- signs, poles,
fixtures, utility boxes, trash containers, fences, walls, windows,
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roofs, paths, walks, streets or pavement, under/overpasses,
tunnels, bridges,trestles, drainage',,facilities,,.buildings and/or
the,interior or exterior of any other structures or surfaces.
Attempting to draw,, scribe, etch, mark, paint, stain,
stick or adhere by any means whatsoever, any unauthorized,markings
of. any' kind including but not limited to inspection, symbol,
design, and/or any configuration of,letters and/or numbers upon any
surface, whether publicly or privately owned, including, but not
limited to, trees, mail boxes, signs, poles, fixtures, utility
boxes, walls, windows, roofs, paths, walks, streets or pavement,
fences, trash containers, under/overpasses, tunnels, bridges,
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trestles, drainage facilities,. buildings and/or the exterior or
interior of any other structures or surfaces.
C. conspiring to, or participating in any way in causing or
attempting to cause graffiti, including, but not limited to, acting
as.a "look -out."
15-101. Furnishing or selling Specific Types of Graffiti
Implements to Minors.
A. It shall be unlawful and a violation of' this Code. for any
person, individual, organization, business, firm, corporation-J, or
any other entity to give, sell or'loan or cause or-permit.to.*be
given, sold or loan ed to any other person any implement with I the
knowledge that such implement may be used to cause or attempt to
cause graffiti or to give or sell any aerosol paint container,
paint stick or marker to any individual under the age of 18 years
who is not with a parent or legal guardian without first obtaining
bona fide evidence of majority and identity.
It is_unlawful for any retail or commercial merchant to store,
stock, or display any aerosol paint container, paint stick or
marker in such a way that it may be handled by or be accessibl . e to
anyone who is not an employee or otherwise authorized personnel,
without the assistance of.said employee or authorized personnel.
B. All such merchants who sell aerosol paint containers,
paint stic . ks or markers as part of -a business shall conspicuously
display a I sign applicable to all such aerosol �paint containers,
paint. stocks or markers available for...s.ale stating substantially
the following;
1. "Must be 18 years of age to purchase. Must have
valid I.D. to.purchasell; and
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2. "Any person who maliciously defaces real or personal
property with graffiti is guilty of a misdemeanor punishable
by fine, imprisonment, or both."
All signs must be at least.ten inches. (1011) by sixteen inches
(16"), with letter size of at least three -eighths inch (3/811), and
posted in a conspicuous place within six feet (6f) of the implement
or paraphernalia being offered for sale.
15-102.�. Possession of Graffiti Implement
No person under the age of eighteen (18) years andnot in the
presence of a parent or legal guardian. shall have in his or her
possession, an aerosol paint container,. paint -sticker, markeror
etcher while in any public area,.including but not,limited to any,.
park, playground, swimming pool, public recreational facility, any
public right-of-way, or any private property which is open to the
public in the City unless necessary in order to participate in any
City or school sponsored'f unction.,', This section shall. not apply.to
authorized employees of the City of West Covina nor shall it apply
�to the authorized agents or, contractors. under contract with the
city.
15-103. Removal of Graffiti
A. Prohibition -Against Allowinq Graffiti to Remain. it
shall be,unlawful for any owner, occupant, lessee, lessor, renter,
tenant�or person otherwise in charge or control of any property
within the City to permit any.graffiti to exist, or to allow any
graffiti to remain on any surface located on such property when the
graffiti constitutes a public nuisance under 15-99 (or other
applicableprovisions of this Code) and notice of removal has been
given under (B) below.
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B. Removal from Non -City Property.
1. . It is the duty of every property owner, occupant,
lessee, �lessor, renter, tenant, or person otherwise in charge or
control of any property within the City to remove graffiti promptly
from his . or her property in a manner acceptable to the City. When
graffiti constitutes a public nuisance under .15799 (or, other
applicable -provisions of this Code), the City may cause a written
notice to be served up9n the owner - of . the. af f ected property
requesting removal of the graffiti. That notice when given shall
.be given, pursuant to (C) of this Section.
2. If such property owner, occupant, lessee, lessor,
renter, tenant or person otherwise in charge or control. of the
property, fails to remove the -graffiti with . in 48 hours af ter
receipt (as defined in [,C]) of the notice requesting the . removal of,
the graf f iti, or if the City has determined not to give such a
notice and remove (or cause to be removed) the graffiti at its
expense, the graffiti may be abated by the City pursuant to the
provisions.of this Article (or other applicable provisions of this
Code). The cost of abatement may be billed to the property owner
and unpaid costs of abatement placed on the tax roll in the . manner
allowed by law. and as set out in the West Covina Municipal Code
Section 15-200 et.'seq.
3. In abating graffiti under this article, the City
need not comply with the abatement requirements ofthe West Covina
Municipal Code Section 15--o200 through 15-206 and the procedures set
out in this Article shall apply instead. The City may utilize any
other enforcement or col lection techniques legally available to it.
4.. When the City Manager or her/his designee -
determines to remove graffiti at its expense, and the owner of the
property consents to such removal and executes the neces.sary.
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documents, the City -or its'6ontractor�is authorized to provide for
the removal of the graff'iti.
5. When the City or its contractorprovides for the
removal of the graffiti, it shall not authorize or undertake to
provide for the painting or repair of any more extensive area than
that where the graffiti is located.
6. Prior to the removal of graf f iti from property not
owned by the City, the City or its contractor shall obtain written.
consent of the owner occupant, lessee, lessor, renter, tenant, or
other person in charge or control of the property who'shall execute
a release,and waiver'approved as to form by the City Attorney.
C. Notice. Notice pursuant to this section shall be deemed,
.,given upon personal service, or 48,hours after being deposited in
the United States Mail, First Class, postage,prepaid, directed to
the intended individual or after posting the,property position�.
15-104. Parental Civil Liability. Consistent with Civil
Code section 1714.1, in situations where graffiti is willfully
caused by individuals under the age of, 18, the parent. or legal
guardian of said, minor shall be responsible for its removal or
payment for the cost thereof. The City may recover such costs up
to $10,000 (or as otherwise determined by law) in a civil action in
addition to any other remedies provided by law.
15-105. Removal from City Property. Whenever the City
Manager or his designated representative determines that graffiti
exists upon property owned by the City,.Iit may be removed by the
City at its expense as soon as possible.,
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115-106. Reward for Information/Restitution/6ommtnity
Service.
A. The City Council may, by resolution, of f er and pay,. a
reward for information leading to the -apprehension and conviction
of any person who plac ; es.graffiti or other'inscribed material as
defined herein upon public or privately owned structures within the
City. In addition to any f ines. levied by the City for violation of
this ordinance, any person who has damaged property by inscribing
'graffiti on public or private property shall be liable for the
amount of any reward paid pursuant to this Ordinance and Section
53069.5 of the California Government Code.
B.' As a part of ahy sentence or other penalty imposed, I the
court may also order thatrestitution be paid to the victim by the
admitted or convicted.perpetrator, and in the case of a perpetrator
who is a minor, by the* minor's parent or' lawfully designated
guardian or custodian, pursuant to, inter alia, Civil Code section
1714.1 and Government Code sections 640.5 and 640.6.
C. Upon conviction of any person for violation of this
Division, or any State law pertaining to vandalism of property with
a graffiti implement,the City encourages the sentencing court to
impose community service time, pursuant to Section 640.6 of the
California Penal Code, as that may be amended from time to time,
and to revoke or suspend driving privileges as provided by State
law.
15-107. Ordinance Shall Work in Coniunction With State
Statutes and Local ordinance.
This ordinance shall be interpreted so as to work with and. in
conjunction with (when and where applicable) any and all state
and/or local ordinances relating to the control of graffiti and/or
related vandalism, including, but 'not limited to, Sections 594,
594.1, .594.3, 640.5, 640'.6, of the, Californ, ia Penal Code; Section
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1714.1 of the California 'Civil Code; and Section 53069.3 of the
Calif orni a Government Code as those may be amended from time to
time.
Section 4.
Section 1-37.2 shall be amended to add Section,15-98 through
15-107 under "Chapter 15. The remedies for violation of this
article shall be those set out for misdemeanorviolations of City
ordinances, up to. and including a fine of $1,000 and up to 6 months
in county jail..
Section 5. Repeal.
The provisions of Sections 15-108 15-11o.her.eby are
repealed and those sections reserved.
Section 6. Severability.
If any section, subsection, sentence, clause,, phrase. or
portion of this chapter. is f or �any reason held,to be invalid or
unconstitutional by the decision of any' court, of competent
jurisdiction, . or by reason of any preemptive. legislation, the
remaining provisions of this ordinance shall remain in full force
and effect. The City Council hereby declares that it would have
adopted this ordinance and each section, subsection? sentence,
clauses, phrases or portions thereoff independently, irrespective
of the fact that any one'or more secti-ons, subsections, sentences
clauses, phrases or portion thereof may be declared invalid or
unconstitutional..
Section 7.. Effective Date..
This ordinance shall I be eff I ective thirty (30) days after the
date of its adoption.
section 8.
The City Clerk of the City of West Covina shall certify to the
passage and adoption of this ordinance and shall cause the same to
be published in the manner required by law.
PASSED AND ADOPTED by the City Council of the City of West
Covina at a regular meeting held on the day of
.1994
MAYOR OF THE CITY OF WEST COVINA
ATTEST:
CITY CLERK OF THE CITY OF WEST COVINA
STATE OF CALIFORNIA
COUNTY'OF LOS ANGELES SS
CITY OF WEST COVINA
I Janet Berry, City Clerk of the City of West Covina, HEREBY
DO CERTIFY that the foregoing 'Orrdinance was duly adopted at a
regular meeting of the City Council of the City of West Covina on
the day of 1994, by the following roll
call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK OF THE'CITY OF WEST COVINA
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