12-27-1971 - Regular Meeting - MinutesMINUTES OF THE REGULAR MEETING OF CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
DECEMBER 27, 1971.
The regular meeting of the City Council was called to order
7:30 P.M., in the West Covina Council Chambers by
Mayor Ken Chappell. The Pledge of Allegiance was given.
Reverend Robert Lamphere of the United Methodist Church gave
invocation.
at
the
ROLL CALL
Present: Mayor Chappell; Councilmen Shearer, Nichols,
Young, Lloyd
Others Present: George Aiassa, City Manager
George Wakefield,'City Attorney
Lela Preston, City Clerk
George Zimmerman, City Engineer
H. R. Fast, Ass't. City Manager
John Lippitt, Ass't..City Engineer
Bert Yamasaki, Ass't. Planning Director
Councilman Lloyd: Mr. Mayor, can I rise to a point of
privilege? I had the opportunity last night
of witnessing some of the hockey tournament
which was underway and they had sent from the City of Calgary a letter
addressed to you and also two flags, which unfortunately I left at
the house which I.was supposed to bring down here, but which I
• assure you I will do my best to get here..
Mayor Chappell: Thanks very much. I am sorry I didn't hear
of the tournament I would have been most
happy to attend and accept the flags on
behalf of the City.
CONSENT CALENDAR
(Mayor Chappell explained the procedure of the Consent Calendar,
and -asked if any of the items were up for discussion.)
1. -COMMUNICATIONS
a). Mrs. Evelyn J. Spigelmire Request for Mail Order Business
License. (Refer to City
Attorney and City Clerk)
b) St. Vincent de Paul Request for exempt business
Society license (1972) for Salvage
Pick-up Truck. (Approved in
prior years. Recommend approval.)
c) Goodwill Industries Request for exempt business
license (1972) for Salvage Pick-
up Truck. (Approved in prior
years. Recommend approval)
d) Mrs. Edwin Lazzerini Re unsightly signs. (Refer to
3033 E. Valley Blvd. Planning Department)
West Covina
e) Notices from Local Agency Re: (1) City of Covina, Westerly
Formation Commission Annexation District No. 57)
(2) City of Covina, Northerly
Annexation District No. 81
(Receive and File)
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CITY COUNCIL 12/27/71
CONSENT CALENDAR - Cont'd.
f) Board of Supervisors
g) E.C.S. Corporation
2. PLANNING COMMISSION
3. RECREATION & PARKS COMMISSION
4. YOUTH ADVISORY COMMISSION
5. ABC APPLICATIONS
a) Hak Hoon Kim dba
ALTA-DENA DAIRY
310-F S-Vincent Avenue
Page Two
Approved City's request to
transfer funds allotted for
Sunset Avenue project to
Cameron Avenue improvement
between Barranca Street and
Grand Avenue. (Receive and
refer to staff.)
Proposal for operating City Water
Service facilities. (Refer to
staff.)
Summary of Action of December 15,
1971. (Receive and File)
Request for Joint Meeting on
Monday; February 7, 1972.
(4:30 P.M.)
Summary of Action: December 21/71.
Minutes of November 16, 1971.
(Receive and File)
Chief of Police recommends NO
PROTEST.
b) Jock Glenn McPhee & Southland
Corporation dba
7/Eleven Food Store
2887 E. Valley Boulevard
6. CLAIMS FOR DAMAGES FILED WITH CITY CLERK
a) Alexander Don
2249 E. Greenville Drive
7. CITY TREASURER'S REPORT
Flood Damage. (Deny and refer to
Insurance Carrier.)
Month of November, 1971.
(Receive and File)
8. TRAFFIC COMMITTEE MINUTES December 21, 1971.
(Receive and File)
Councilman Nichols: Mr. Mayor, a question and several
comments. The question is in regard to
the E.C.S. Corporation name. Is that
part of the Suburban Water Systems, or a separate company, or what?
Mr. Aiassa: Itois part of the operation of Suburban
Water Systems and Mr. Lippitt, our
Assistant City Engineer can elaborate on
it - if you wish.
Councilman Nichols: No, I don't have any further questions
in terms of the proposal. I just
couldn't identify the corporation by the
letter.
• I would like to make several comments
on the minutes of the Traffic Committee meeting of December 21. On
Page 9 of the minutes there is a recommendation that the Police
Department be authorized to use radar for speed enforcement on
Orange Avenue north of the freeway. My recollection is that many
months ago the Council authorized and directed the Police Department
to use radar in selected areas of the City. Subsequent to that
recommendation we received one or two reports on some 30 to 35
problem areas in the City where radar had been used, but I don't
recall that the Council has received a cumulative summary report in
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CITY COUNCIL 12/27/71 Page Three
CONSENT CALENDAR - Cont'd.
terms of the overall use of radar by the Police Department. It
would appear to me that we have reached a point where we would
either say as a Council that it should be continued in a
restrictive use or the Police Department should be authorized to
•use radar at locations in the City according to their own
discretion. I am inclined to lean to the latter point of view
and I am held back from saying that because I think it would be
appropriate for the Police Department to come to the Council with
some sort of generalization of the result of their use of radar so
far.
I am in favor of the recommendation
made here but I think perhaps the Council would be willing to
entertain some broader general authorization if the Police Depart-
ment would make such'a report and the request of Council.
Councilman Young: Mr. Mayor, may I respond? It seemed to
me we had one report and that was the
only report.....
Councilman Nichols: That is correct.
Councilman Young: Otherwise I do concur with your comments
but I think we are looking for the
capital needed for equipment.
Councilman Nichols: We may well be doing that but I think
enough time has been spent using radar
. for a report to be forthcoming. It was
just an observation and when more information comes back to us the
entire Council will be privileged to weigh it and respond to it.
I just feel there was an absence of information in greater detail.
On Page 10 of the Traffic Committee
minutes there is a comment on the Findings of "vertical curves".
This is a new use of a word "vertical" curves. And I don't know
what it means, therefore I can't analyze the Findings. When I think
of the word "vertical" curve I am hard put to find a vehicle in it.
So I would appreciate it if the City Manager would have the Police
Department define the use of that term for myself and anyone else
interested in it.
On Page 14 is a recommendation for the
authorization and the use of about $1,000 for the hiring of an
additional crossing guard for the balance of this school year on
Cameron Avenue near Cameron School. My recollection was that was
a crisis area in the last fiscal year in the City and that the
crossing was improved as indicated here before July 1 of this
current year. I am not sure about that, really, but the observation
I make is that the time the crisis arose before we became aware
that there was about 1000' of unsidewalked street in that neighbor-
hood that was preventing us from directing the Junior High School
students to walk down to a signalized intersection. It doesn't
seem the best use of funds now coming into January of this fiscal
•year to hire a crossing guard for $1,000 when $2,000 or $3,000 in
this fiscal year might solve the entire problem by sidewalking the
south end. So I would.refer this to the City Manager so he can
again review it and see what the budget proposals were and see
whether expediting sidewalking might be a better fiscal solution
to this problem than putting on an additional crossing guard.
If that is not the best solution then this would be the only
answer and with those observations I am certainly prepared to vote
for the'Traffic Committee minutes. Thank you, Mr. Mayor.
Mr. Aiassa: Mr. Mayor - I presume then you want to
hold Item 9 to the next meeting.
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CITY COUNCIL 12/27/71
CONSENT CALENDAR - Cont'd.
Page Four
Mayor Chappell: Yes, Item 9. Is there anything else?
Councilman Shearer: I will comment on the crossing guard.
As far as I am concerned I am willing
• to go ahead and vote on it because
the installation of sidewalks is not going to alleviate the demand
for the mid -walk crossing. Students are going to want to go the
shortest path. I discussed this with the principal of the school
and regardless of the availability of the signalized intersection
at Lark Ellen and.Valinda, he indicated because of school boundary
changes a rather large number of students that previously went
somewhere else are now coming north out of that central area and
they accumulate on Pima and come straight across. In order to
avail themselves of the signalized intersection at either end would
mean an extra three-quarters or half mile walk, and although it would
be healthful for them to do so, I assure you they are not going to do
that. So sidewalk or not, the demand for the half-midwalk crossing
is still going to be there.
Councilman Nichols: I agree with the practical implication
of what you are saying but if the City
and the Council accepted that as the
criteria for proceeding,well we have many crosswalks in the City
frequented by children that are slightly more proximated to their
direction but indeed where there are signalized intersections
within reasonable limits of those areas, and we are talking about
Junior High School students in the first place and not small children
and it just seemed to me if the City provided the sidewalks'to a
signalized intersection within 300' of the school grounds or 2 x 3001=
• 600' that the City would be justified in saying that any child that
does not want to cross the crosswalk is privileged to walk 600' more
and save all the taxpayers of the City a considerable amount of money.
Kids are going to take the shortcut, there is no doubt about that.
We have crosswalks directly in front of every school and children
cross the street 20' away from the crosswalk. I think really the
issue is - is there .a reasonable alternative to some sort of a
hazardous crossing?. At the present time there is no sidewalk that
would lead any of the young people to the intersection where there
is a signal, so the City is in a very difficult position to say
walk down the gutter 300' or 4001. But, if that sidewalk were
there, I think a reasonable alternative would present itself and
then it would be for this body to determine in those instances
whether the City should still provide crossing guards. If the City
says that, then we are going to be rather hard pressed because as I
indicated there are any number of intersections where there are
reasonable crossings, slightly removed from more direct unreasonable
crossings. It is a matter of philosophy, but my own thought on the
matter is at that particular area none of the children are below
the age of 12 years, or very few are, and the distance they would
have to go to a different route is the width of Cameron Park frontage,
which is about 300' or 400' and I tend to feel if the City provided
sidewalks there then the children or their parents, can choose
to use the other crossing, which would be making a voluntary
decision for their convenience and not for safety, and I think the
City would be in a reasonable position to say well really we should
• not be putting crossing guards there. Now, at the present time, I
certainly concur with the recommendation. Perhaps the judgment
you expressed is the best judgment and it is going to have to be
decided at some point before very long.
Councilman Young: I noticed that particular crossing
apparently meets the warrants on a
cursory,examination for the pedestrian
accentuated stop signal., It flashes yellow until the pedestrian
accentuates it and I noticed the capital investment on the
recommendation against pedestrian accentuated signals is $18,000
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CITY COUNCIL 12/27/71 . Page Five,
CONSENT CALENDAR - Cont'd.
plus maintenance over a period of time which compares with the -
I suppose Battalion Chief accentuated signal on Azusa Avenue up by .the
fire station with something like a $6,000 capital investment. I
can't understand why it would take three times as much money to put
in the same installation for children to accentuate as opposed to
a fire station. In any event we might look into it further and,
find that either one figure or the other is quite erroneous. That's
all. I shall keep plugging for pedestrian accentuated lights.
Councilman Nichols: These are only observations that I make
and I.don't contradict any of the
recommendations here. I don't want to
indicate that something should be deleted, in fact even Item 9 in
my judgment can be acted upon affirmatively and it will not
influence any of the thoughts we have had to look at in greater
detail.
Mayor Chappell:
Councilman Nichols:
Mayor Chappell:
You don't want to remove this item then?
No, I don't see any point in removing it.
Mr. Aiassa, this is with regard to Item 9.
Have we determined where the $1,000 is
coming from?
Mr. Aiassa: No, that is why I would like to carry it
over to the next meeting. The budget
and the crossing guard account have to
be in balance and I have to raise the $1,000. This is in addition
to the money they have in the account. Either they will have to
shift crossing guards from other areas or I will have to raise the
funds.
Councilman Nichols: Mr. Mayor, there was one other quick
observation I wanted to make. On the
center parking analysis much of the
response on the survey was directed toward feelings that there was
not adequate enforcement of the laws and regulations in existence
and the recommendation skirted that entirely. The recommendation
only pointed to the changing of the limit on the northside and
looking at it again in several months. I think we should commend
to the Police Department the thought that perhaps more diligent
enforcement might help.
Motion by Councilman Nichols to approve the Consent Calendar
agenda.except for Item 9 of the Traffic Committee meeting minutes
which shall be withheld. Seconded by Councilman Lloyd and
carried on roll call vote as follows:
AYES: Councilmen Shearer,Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
PUBLIC WORKS
AID TO CITIES LOCATION: Adjacent to San Bernardino
FUND USE Freeway at Pacific Avenue, North
Vincent Avenue, and South Garvey Avenue
between Orange and California Avenues.
(Council reviewed Engineer's Report.)
RESOLUTION NO. 4497 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA REQUESTING THE
CANCELLATION OF TWO ALLOCATIONS OF COUNTY AID TO CITIES FUND AND THE
REALLOCATION OF AID TO CITY FUNDS FOR THE IMPROVEMENT OF CERTAIN
SELECT CITY STREETS IN CONNECTION WITH THE WIDENING OF THE,
SAN B,ERNARDINO FREEWAY."
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CITY COUNCIL 12/27/71
PUBLIC WORKS: Aid to Cities Funds
Page Six
Motion by Councilman Shearer, seconded by Councilman Lloyd and
carried, to waive full reading of the body of said Resolution.
Motion by Councilman Shearer, seconded by Councilman Nichols, to
•adopt said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
CITY ATTORNEY
Mr. Wakefield: This is a revision of the previously
discussed ordinance following a month
of study and review by the City Attorney
and the Police Department relating to the licensing and regulation
of private patrol systems. In this revision we attempted to take
into account the comments and suggestions made by the members of the
City Council and those interested in the operation of patrol systems.
It is now in,ordinance form to be introduced.
ORDINANCE "AN ORDINANCE OF THE CITY COUNCIL OF THE
INTRODUCTION CITY OF WEST COVINA ADDING SECTION
6233.1 TO THE WEST COVINA MUNICIPAL CODE,
RELATING TO THE LICENSING AND REGULATION OF PRIVATE PATROL SYSTEMS."
One o additional comment might be in order.
The procedure set forth here follows almost exactly the procedure
that has been previously incorporated in our code for the regulation
and licensing of house to house solicitors. One item, which Council
commented about before but which the Chief of Police strongly urged
be included in the Ordinance is a subsection on top of Page 2 of the
Ordinance listing certain crimes which the conviction of would be
disqualifying so far as a patrolman's license would be concerned.
The Ordinance as drafted now would prohibit the issuance of a
patrolman's identification card to a person convicted of:"habitual
intoxication, robbery or burglary, fraud or embezzlement, grand
theft, the sale or use of dangerous drugs, or contributing to the
delinquency of a minor." In the opinion of the Chief of Police
these were all crimes that relate directly to the ability of an
individual to serve adequately as a private patrolman.
Councilman Nichols: Mr. Mayor. I am sure there may be some
philisophical comments that will relate
to the issuance of this ordinance but
I would like to proceed those, if any, by a technical point. It
seems to me that Section F of the Ordinance, if it is as I think it
is intended to be, is not worded as well as it might be. I would
like to question the City Attorney on that section, in particular
the sentence worded: "If the identification card is not issued
at the time the business license is issued an application for the
issuance of an identification card shall be filed with the License
Collector by the operator of the Patrol System, etc. etc." Is this
section intended to encompass those individuals already licensed
with a business license in the community in order that they would
be required to obtain the identification card that new licensees
would apply for?
Mr. Wakefield: This would apply to operators who applied
for a renewal of a patrolman's license
or a new license. In other words if
the patrol operator is already licensed the existing requirements
would not apply to him until he came in for a new license ora
renewal.
Councilman Nichols: I think that wording intends to imply
in the ordinance that the application
for the identification card might not be required at the time of
the issuance of the business license. It does not in its form
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CITY COUNCIL 12/27/71 Page Seven
CITY ATTORNEY': Patrol Systems Ordinance
qualify the conditions underwhich a person might not be required to
apply for one. Perhaps one will think I am picking at small matters
but where these types of ordinances are reprinted and widely
circulated to concerned people I think that they should be as self-
explanatory as possible and leave as little room for misunderstanding
as possible. It would be my own reaction that section should.be
reworded to say something to the effect that any person previously
licensed for patrol activities, etc., etc., within West Covina
shall within so many days of the adoption of this ordinance apply
for an identification card and submit a fee to cover that. This
will then cover all those individuals who have been previously
licensed and will not imply for the years to come when that issue
will not be present that it might not be immediately required. Is
there a reaction to that on anyone's part or is that too.picky?
Mr. Wakefield: No - I think Councilman Nichols has a
valid point. The Subdivi.sion C of the
section requires the applicant for an
operation of a patrol system to include in his application the names
and addresses of patrolmen who will be used in the operation of the
patrol system within the City. Subdivision F was drafted as it is
primarily to take care of those cases where a patrolman resigned
or quit his job and the operator of the patrol system hired a new
patrolman and this was intended to provide a procedure by which the
new employee could be issued the patrolman's identification card.
Councilman Nichols: It doesn't seem to cover that in my
opinion, completely and adequately.
• Mr. Wakefield: Yes - I think you have a point there.
Councilman Young: Has this proposed ordinance been re-
viewed or have we had any feedback
from the existing licensed patrol
organizations .in the City?
Mr. Wakefield: Copies of the proposed ordinance
were furnished to all the individuals
of patrol system operations who
commented at all in reference to the original draft.
Councilman Young: I think Mr. Perry is in the audience
and I just wondered if he has read
the ordinance.
(Mayor Chappell invited Mr. Perry to step to the microphone.)
Robert Perry Thank you, Mr. Mayor. I have a few
La Puente questions relating to what
Councilman Nichols was talking about.
Section C, paragraph 3, the names and
addresses of applicants. "The names and addresses of all
patrolmen who are or will be owners, offiers or employees of the
applicant and who will be used in the operation of the patrol
system within the City." Does this mean the men I have working
• in other cities also that work for me, or does it apply only to
the men working in the City of West Covina? -
Mr. Wakefield: It means only those working in the
City of West Covina. You will notice
it refers specifically to those
employees used in control operations within the City. It was
intended however to include those individuals who may perform
substitute service for the persons who operate in the City or who
may be employed in the System either wholly or partly within the
City.
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CITY COUNCIL .12/27/71 Page Eight
CITY ATTORNEY: Patrol Systems Ordinance.
Mr. Perry: The reason I ask this. Some other
City has this and itmeans where I
operate the agency in the City
everyone that is working for me in the City. For instance if I
have a man working for me in the City that I have my business
in and he works only in the City of Arcadia or Alhambra - would
that include those people?
Mr. Wakefield': No sir. If he were not to work within
the City of West Covina he would not
need to be issued the identification
card.
Mr. Perry: Alright - that takes care of that question.
Now Section D - "Within 21 days after the
filing of the application the Police
Department shall make such investigation of the applicant and the
patrolmen named in the application as it deems necessary......."
Does this mean it is going to take the Police Department 21 days to
do this?
Mr. Wakefield: The 21 days is the maximum limit permitted
under this draft of the ordinance.
Mr. Perry:. The reason I ask.- say I have a contract
asking for 10 men to start within a
week's time and if I can't start within
a week's time I don't get the contract.. And it says unless they have
ID cards they cannot start working within the City of West Covina.
What do you do in a case like this?
Mr. Wakefield: In that kind of a case I would think the
proposed employees should be identified
with the application to operate the
proposed system within the City and you would ask for special
consideration of the Police Department and they would be allowed
to operate while the identification was being completed.
Councilman Young: Would it be possible to include a pro-
vision for some provisional,operation
during the investigative period?
Mayor Chappell: Under Item(e)it says ".......In all other
cases the business license shall be
issued immediately and patrolman identi-
fication cards shall be issued to the patrolmen named in the
application. So actually they are going to give them the cards
and then take 21 days to check them out. As I read it they will
get the cards as they apply if they haven't done any of the items
listed there.
Councilman Shearer: Yes, Mr. Mayor, but that may be what
takes the 21 days to find out - if they
have done any of those things.
• Mr. Wakefield: That is correct. We tried to pick what
seemed to be a reasonable time for the
Police Department to complete its
investigation. As the information with respect to convictions
becomesmore computerized I am sure the information will be more
readily available to the Police Department, but as it is now it
does take a period of time to process through the State Bureau of
Criminal Identification and getting a reply back and this seemed
to be the minimum amount of time to provide the Police Department
to complete their investigation.
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CITY COUNCIL 12/27/71 Page Nine
CITY ATTORNEY: Patrol Svstems Ordinance
Councilman Young: I think the gentleman raises a
legitimate point in terms of the
° expediency and immediate need which
could be handled without doing the proposed ordinance an injustice
so he could acquire the personnel needed for the immediate con-
tract and then some provisional licensing for a period of 21 days
and if they qualify - fine, if not, he would have to get rid of
them.
Councilman Nichols: I tend to disagree with you Councilman
Young, if I may respond from a different
point of view. You, as an operator,
know the ordinance and you know what
the requirements are, I assume therefore you will do some screening
of your own for your employees. I rather assume probably that you
knowingly wouldn't hire a man if you knew he had any of these
things attached to his background anyway. I said I was disagreeing
with you Councilman Young but actually I am coming around the
back door. Yes, I think there should be some provisions.for a
short term operation pending completion of the investigation.
Obviously if the businessman is called
up on the first of December and asked to provide a certain number
of men for a short period of time and he says he can't do it for the
next 3 or 4 weeks he is placing himself in an impossible situation.
I think probably the Ordinance should be worded in such a fashion
as to create the assumption of innocence on the part of the
employee pending the findings of guilt in the investigation of the
Police Department.
• Councilman Shearer: I agree with that so you have three.
Mayor Chappell: So Mr. Wakefield, will you draw up
something that will give an emergency
status to this and I am sure in his
business these things do come up.
Mr. Wakefield: I will be glad to revise it in accord-
ance with the suggestions made, but
frankly we didn't consider the problem
of the provisional issuance of the license but it could be provided
for.
Mayor Chappell: Is there anything else Mr. Perry?
Mr. Perry: One other question, Section (e)
listing offenses not permitted and
ending with "....no business license shall be issued to the
applicant." For instance one of my patrolmen that I have now
if they find he has done one of these things the way it states
here, they will just deny me a license. I ,think they should allow
me to at least get rid of the man.
Mr. Wakefield: Yes you can withdraw the man's name
from the license application and sub-
stitute another.
Mr. Perry: I think that is about all I have.
Thank you.
Councilman Young: I have one other question of the
City Attorney. Whether or not this
proposed Ordinance in your opinion
would run afoul of the Business and Professions Code which does -
have some provisions in it, as I recall, relating to this particu-
lar activity. Are we up against a pre-emption situation in your
opinion, Mr. Wakefield?
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CITY COUNCIL 12/27/71 Page Ten
CITY ATTORNEY: Patrol Systems Ordinance
Mr. Wakefield: No sir. Although the State Law does
require the issuance of a license to
the operators of a private patrol
system the State Law specifically provides that cities and counties
may adopt such additional regulations as may be required to meet
local conditions.
Motion by Councilman Nichols that this item be held over to the next
regular meeting of the City Council. Seconded by Councilman Shearer.
Councilman Shearer: Before voting I would like to comment
that I don't like the fact in paragraph
(e)�that there is no - guess we could
call it - recourse appeal provision. I mentioned this last time
when the proposed ordinance was before us and it mentioned any
felony and now we are down to 10 years and we have 6 specific items
listed. I have no quarrel with the Police Chief and his
philosophy but I think we may find ourselves in the future in the
position of having persons in jail, and in theory at least that
tend to be rehabilitated people, however we are forever closing
the door in this ordinance to,a man having used a dangerous drug,
which I assume is marajuana,anytime in the last 10 years.
On the other hand a man convicted of
assualt, rape, murder, etc., can automatically be issued a permit
although he just got out of jail in that situation. I have no
objection to the Police Chief not being allowed to grant but on
the other hand I would like to see something in this ordinance
• that allows the discretion of the Council, perhaps a variance.
We have zoning variances for setbacks, etc., and I think we should
rewrite the ability here to grant a variance if it can be shown
to us that the man has been in our opinion rehabilitated. I will
not vote for the ordinance as paragraph (e) now stands.
Councilman Nichols: I agree with that. I think the clause
"no business license should be issued"
should be rewritten to state "only the
City Council shall issue a business license in these events."
So in the event any of these issues show up that administratively
a license cannot be issued. I think there are occasions when a
person might well qualify for a license and if it is absolutely
frozen under law even this body wouldn't have the authority to
grant a license under this Ordinance. I think the body should
retain under its discretion ultimate authority to do that.
Mayor Chappell: Does anyone object to that?
Councilman Young: In a sense I do, and probably I should
be advocating right along with
.Councilman Nichols and Councilman
Shearer, but I think it is one of those situations that every case
that comes along well I don't think there would be a single
situation come along where a person had been convicted of these
things in the last 10 years that the moment it came before the City
Council that there couldn't be shown extenuating circumstances
at this particular moment as to why we shouldn't have this
particular restriction. I think we are putting ourselves in the
position of using discretion where perhaps we would rather not
use discretion. There are times when a mandatory provision of the
law protects people called upon to administer that law as much as
it protects people towards whom it is being administered, and
hopefully protects the public in whose behalf it is being administered.
And we are dealing here - true enough - statistically, but we are
dealing with an operation with people that are not policemen but
have the appearance of being a policeman.• Including the badge, the
uniform, the weapon, firearms. We have had within our own community
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CITY COUNCIL 12/27/71
CITY ATTORNEY: Patrol Svstems Ordinance
Page Eleven
nearby one organization that had two homicides within one day that
occurred and I think which perhaps led to our study into this
which brings this Ordinance before us tonight. I think at this
point, at least where we are authorizing a private organization to
patrol the community as hired to do so with guns, badges, etc.,
I think these particular points are not that restrictive and I would
just as soon not have my discretion called upon in these particular
areas and especially where we have a 10 year limitation.
Councilman Nichols: Now this time I disagree with you
Councilman Young, and I am not coming
through the back door to agree with you.
I think in any governmental procedure there should be a ultimate
,recourse to the legislative body. No matter what it is in terms
of an administrative procedure. We do this in the application of
a liquor license where there are recommendations made, we do this
up and down.the line. If we put in the books an administrative
procedure that brooks no appeal I think we are making it very
comfortable for ourselves but I think.we are parting from us the
opportunity to do justice on some occasions when we should do
justice. True, this will -tend to bring appeals to Council that
will not otherwise come, but if a youngster at the age of 19 is
picked up in LaPuente for smoking marajuana and a record is
made, he then is prevented absolutely without recourse to appeal
at the age of 27 from serving as a patrolman on the streets of our
community. I think this is taking administrative jurisdiction to
that beyond a step where it should rest. I would rather that kind
of a issue come to us, the seat might get hot at times but I
maintain a firm concurrence with Councilman Shearer's point of
• view that there should be some appeal involved in this type of
regulation.
Councilman Young: Mr. Mayor, may I respond? You ask us
then to sit as a dual body? We sit here
tonight as a legislative body to make
this the law of our City but we write into it a provision that also
makes us a judicial body with discretion to pass a special law
for a particular person under particular circumstances. I submit to
you that the young man who is caught smoking one marajuana
cigarette at age 21 at age 31 passes beyond the scope of this
particular restriction. That same young man is forever precluded
from being a member of our West Covina Police Department because
they won't hire him for the reason they don't have to, they can get
equally qualifying people with no record and that is who they are
going to hire. I suggest to you further that there are provisions
in the law where these records can be eradicated through Certifi-
cates of Rehabilitation, through the State of California, or
through a complete pardon by the Governor, and I suggest that we
let these processes take their course and restrict our function
to the legislative function here as to what we would like to see
or like not to see basically operating in our City.
Councilman Nichols: If that was the case then we would
have to restrict ourselves from hearing
Variances under our Ordinances, restrict
ourselves from hearing evidence in terms of requests for exemption
of business licenses, we would have to restrict ourselves from
determining which group we should permit Parade Permits to. I
submit to your counsel that in fact our role is both judicial and
legislative and is constituted as such.
Councilman Young: I agree with you and the less of that
discretion we have perhaps the better.
I am not prepared to debate that. In
respect to Variances you are dealing with a piece of property that
CITY COUNCIL 12/27/71 Page Twelve
CITY ATTORNEY: Patrol Systems Ordinance
is unique. And with the respect to permits we don't have a general
rule, I suppose, except how you can go about qualifying for one.
I will submit that I cannot share your view or that of
Councilman Shearer, that this is as serious a problem as it is
made out to be and I don't think it is that earth shattering
either.
Mayor Chappell: Mr. Wakefield; can such a provision
even be put in this Ordinance?
Mr. Wakefield: I will be glad to take another crack at
it, your Honor.
Councilman Shearer: My last comment would be if we don't
allow an appeal then I don't think our
list of convictions are broad enough
and I would prefer to go back to any felony and don't limit it to
these 6, because I can envision perhaps something else - so that
is one of the reasons why I feel there should be some way of
appeal. I think the problem will pretty well take care of itself
by businessmen such as Mr. Perry, when he finds out this he probably
won't even consider hiring such an individual. So I don't think we
will be flooded with a lot of appeals but that one chance I would
hate to see us have locked in here and our hands tied.
Mr. Perry: Mr. Mayor.- I have one other thing in
regards to this. The State has a
provision in our Business Professional
Code saying.we cannot hire a person with a previous felony.
Misdemeanors is something else, but felonies we can't hire.
Councilman Young: It so happens.that Items 1, 2, 3 and
some of Item 5 and Item 6, can all be
either felonies or misdemeanors
depending on how the court treats them - so really Mr. Perry hasn't
solved our problem,even though we appreciate the effort. The point
that Councilman Shearer makes if we are not going to have the appeal
let's say all felonies, I say is a self-defeating point. I say if
we say all felonies then let's have the appeal because the felony
might be totally unrelated to one's qualifications such as packing
a gun around West Covina. But where we limit the felonies to
those involving basically certain types of moral turpitude and which
all can ,be treated as felonies even though there is a misdemeanor
possibility involved and if it is a very restrictive list it
doesn't even include murder or a rape in here and it is only restrict-
ed for 10 years. You can still be a murderer or a rapist and get
hired as this list now stands.
Mayor Chappell: Mr. Wakefield,, are you going to take
another crack at it?
Mr. Wakefield: Yes I will resubmit a new draft at the
next regular meeting of the Council.
Motion carried.
HEARINGS
WOODSIDE VILLAGE LOCATION: Woodside Village
MAINTENANCE DISTRICT Set for hearing this date by Resolution
NO. 1 - PROTEST HEARING of Intention No. 4476 adopted on
November 22, 1971. (Council reviewed
Engineer's Report.)
- 12 -
CITY COUNCIL 12/27/71
HEARINGS: Woodside Villaae
Page Thirteen
Mayor Chappell: The hour of 8 P.M. having arrived this
is the time and place for the public
hearing on Woodside Village Maintenance
District No. 1. Madam City Clerk,do you have the Affidavits of
• Posting and Mailing?
Lela Preston: Yes, I do.
City Clerk
Motion by Councilman Shearer, seconded by Councilman Lloyd and
carried, to receive and file Affidavits of Posting and Mailing.
Motion by Councilman Lloyd, seconded by Councilman Young and
carried, to accept and file Engineer's report.
Mayor Chappell: Madam City Clerk, have you received any
written protests or objections against
the proposed dissolution of Woodside
Village Maintenance District No. 1?
Lela Preston: No, I have not.
City Clerk
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF PROTESTS OR
OBJECTIONS TO DISSOLUTION OF WOODSIDE VILLAGE MAINTENANCE DISTRICT
NO. 1. THERE BEING NO PUBLIC PROTESTS FOR OR AGAINST, PUBLIC
HEARING CLOSED.
RESOLUTION NO. 4498 The City Attorney presented:
. ADOPTED. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ORDERING THE
DISSOLUTION OF THE ASSESSMENT ZONES HERETOFORE ESTABLISHED WITHIN
WOODSIDE VILLAGE MAINTENANCE DISTRICT NO. 1 IN ACCORDANCE WITH
RESOLUTION NO. 4476."
Motion by Councilman Young, seconded by Councilman Shearer and
carried, to waive further reading of the body of said Resolution.
Motion by Councilman Young, seconded by Councilman Lloyd, to adopt
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
WOODSIDE VILLAGE LOCATION: Woodside Village
MAINTENANCE DISTRICT Set for hearing this date by Resolution
NO. 2 - PROTEST HEARING of Intention No. 4478 adopted on
November 22, 1971. (Council reviewed
Engineer's Report.)
Mayor Chappell: Madam City Clerk, do you have the
Affidavits of Posting and Mailing?
Lela Preston: Yes, I do.
City Clerk
• Motion.by Councilman Lloyd, seconded by Councilman Shearer and
carried, to receive and file the Affidavits of Posting and Mailing.
Motion by Councilman Lloyd, seconded by Councilman Shearer and
carried, to accept and file Engineer's Report.
Mayor Chappell: Madam City Clerk, have you received any
written protests or objections against
the dissolution of Maintenance District
No. 2?
- 13 -
CITY COUNCIL 12/27/71 Page Fourteen
HEARINGS: Woodside Village
Lela Preston: No, I have not.
City Clerk
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING OF PROTESTS OR
OBJECTIONS TO THE DISSOLUTION OF WOODSIDE VILLAGE MAINTENANCE
DISTRICT NO. 2. THERE BEING NO PUBLIC PROTESTS, PUBLIC HEARING
CLOSED.
i
RESOLUTION NO. 4499 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ORDERING THE
DISSOLUTION OF THE ASSESSMENT ZONES HERETOFORE ESTABLISHED WITHIN
WOODSIDE VILLAGE MAINTENANCE DISTRICT NO. 2 IN ACCORDANCE WITH
RESOLUTION NO. 4478."
Motion by Councilman Young, seconded by Councilman Lloyd and carried,
to waive further reading of the body of said Resolution.
Motion by Councilman Shearer, seconded by Councilman Lloyd, to
adopt said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
THE CHAIR CALLED A RECESS AT 8:30 P.M. COUNCIL RECONVENED AT
8:40 P.M.
ORAL COMMUNICATIONS None.
• CITY ATTORNEY - Cont'd.
ORDINANCE The City Attorney presented:
INTRODUCTION "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ADDING SECTION
7602.5 AMENDING SECTION 7606 OF THE
WEST COVINA MUNICIPAL CODE RELATING TO WATER FACILITIES AND SERVICE."
Mr. Wakefield: The necessity for the Ordinance and its
contents is outlined in a report filed
with the City Council by the City
Engineer. It provides for two things. The establishment of a
plan check fee and inspection fee equal to 5/ of the estimated
cost of the construction of the water lines which are constructed
in tract and which are ultimately to be dedicated or conveyed to
the City. It also establishes fees for temporary water service to
construction projects prior to the time the meters are actually
installed to permanently serve the premises. The fee for temporary
service is fixed at a flat rate which depends on the size of the
meter. For a normal residential property.the fee is $3.00; for a
multi -family project the fee graduates up from $6.00 to a maximum
of $51.00
Councilman Young: Is this kind of an experimental program
to see how itworks out?
• Mr. Aiassa: Yes, we might have to revise it upwards.
We are using the .basic criteria that we
use on all our other fees and permits.
Councilman Shearer: Are these.rates for water per lot from
$3.00 up to $51.00 - is that a.per
each or per month?
Mr. Wakefield: That is a single one time charge for
the temporary water service.
- 14 -
r
CITY COUNCIL 12/27/71 Page Fifteen
CITY ATTORNEY: Water Service Rates
Councilman Shearer: Do we have to set water rates by
Ordinance? Because water rates are,
as we already indicated, probably
flexible - - and we have to publish in the papers at so much an
inch - - could a resolution legall set water rates?
Mr. Wakefield: Mr. Mayor and members of Council, a
resolution could effectively set water
rates.The only reason they were
incorporated in an Ordinance to begin with was simply because of
the requirements of the contract between the City and Umark,
which required that certain minimum rates be established and
Umark was concerned that the rates be fixed in a form which they
felt would give them oranyone else interested an opportunity
to appear in protest if the rates were not appropriate.
Councilman Shearer is correct, under normal circumstances the rates
could be fixed by resolution. and in the future it may be desirable
to do so.
Councilman'Lloyd: How does this compare with the rates
charged by the other water companies
in the City of West Covina?
Mr. Aiassa: The other water companies have a
fixed rate and I believe our staff used
the. going rates of two or three of the
private water companies, the mutu als and the city water rates.
We tried to stay uniform and close to what our engineering costs
are.
Councilman Lloyd: Then we are not out of line in compari-
son to other cities, private water
companies or mutual water companies
in this charge - is that correct?
Mr. Aiassa: Yes, that is correct.
Motion by Councilman Lloyd, seconded by Councilman Young and
carried, to waive further reading of the body of said Ordinance.
Motion by Councilman Lloyd, seconded by Councilman Young, to
introduce said Ordinance. Motion carried on roll call vote as
follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
HARRISON BAKER
Mr. Wakefield:
The next item is a
& ASSOCIATES
statement from
STATEMENT
Harrison Baker &
Associates in the
amount of $800.00 for
the preparation of the
condemnation
appraisal report for
the Guarantee Savings &
Loan Association.
This is in connection
with the processing of
the condemnation
action and its ultimate
trial if we are unable
to settle the
• action with the Guarantee
Savings & Loan Association.
Motion by Councilman
Young that the payment
of $800.00 be
authorized to Harrison
Baker & Associates.
Seconded by Council-
man Shearer.
Councilman Lloyd:
Mr. Wakefield -
has this action been
completed or in
the process?
Mr. Wakefield:
In the process.
The action has been
filed and serviced.
An answer has
- 15 -
CITY COUNCIL 12/27/71 Page Sixteen
CITY ATTORNEY: Harrison Baker & Assoc. Statement
been filed on behalf of Guarantee Savings & Loan Association.
This appraisal is the next step in the process of getting the case
to trial'.
Councilman Lloyd: One further question. Would I have a
0 conflict of interest in this?
Mr. Wakefield: No sir.
Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
Mr. Wakefield: I have no further items, Mr. Mayor.
There are two -items on the Redevelopment
Agency Agenda if the Council desires
to consider those items at this time it will be necessary to recess
as the City Council and reconvene as the Redevelopment Agency.
THE CHAIR CALLED A RECESS AT 8:50 P.M. COUNCIL RECONVENED AT
a 9 P.M.
CITY MANAGER
Mr. Aiassa: Mr. Mayor, with your permission and
that of the Council, I do have two
items. One item is a request for
authorization for the City Manager to request the State Finance
• Department to conduct a special census within the City of West
Covina, which costs us $600. and this is in the budget for 1971-72.
The reason for this request is the occupancy of the Bren
and Umark Development, plus annexations. We figure around $53.00
to $58.00 per capita and I think this will pay the cost of the
census and this new figure will be utilized in regard to any
subsidies available to the City.
Mayor Chappell:
Do you have any estimate of what
population this will pick up?
Mr. Aiassa: We are putting some figures together
now which we will give you at your
next meeting. I don't really have
them ready now.
Motion by Councilman Lloyd to authorize the City Manager to contract
with the State Finance Department for a special census in the City
of West Covina. Seconded by Councilman Young and carried on roll
call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
Mr. Aiassa: The second item is from the Employees'
• Association in regard to the Award/
Christmas Dinner party. The City
made available for the combining of the Award Dinner and the
Christmas Dinner the sum of $950.00. There were 314 people in
attendance and we have a statement from the President of the
W.C.C.E.A., along with a request for the $950.00. This is the
same as last year and the year before.
Motion by Councilman Shearer, seconded by Councilman Young, to
move approval on the expenditure of $950.00. Motion carried on
roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None - 16 -
CITY COUNCIL 12/27/71
CITY MANAGER - Cont'd.
Mr. Aiassa:
• MAYOR'S REPORTS
Page Seventeen
Mr. Mayor and members of Council, I may
take a few days off if it can be
arranged and if I do I will advise the
Council.
Mayor Chappell: I would submit the new schedule for
Council liaison with the Boards and
Commissions of the City:
-Planning Commission - Councilman Shearer, Alternate: Councilman
Young; Recreation & Parks Commission - Councilman Young, Alternate:
Councilman Lloyd; Personnel Board - Councilman Nichols, Alternate:
Councilman Shearer; Human Relations Commission - Councilman Nichols,
Alternate: Councilman Shearer; Chamber of Commerce - myself,
Alternate: Councilman Young; West Covina School Board - Councilman
Lloyd, Alternate: myself; Youth Advisory Commission - Councilman
Young, Alternate: Lloyd.
If you cannot attend.these particular
times will you please contact me before we have it printed up for
our next regular meeting and if a meeting is prior to our next
Council meeting I would appreciate your attending.
Councilman Shearer: Mr. Mayor - I noticed by the minutes of
the Youth Advisory Commission on
November 16th the Commission was advised
inadvertently that I was liaison to their body and inasmuch as I
have not attended I would like the record to show that up to tonight
• there was no special council liaison appointed.. So I would like
Mr. Stearn, the Commission advisor, to be advised that no appointment
was made and I was not derelict in my duties. Thank you.
COUNCIL COMMITTEE REPORTS
Councilman Lloyd: I have two items. It was pointed out
to me that Bishop Amat Football Team
has done an exceedingly well job.
Mayor Chappell: Yes they won the 4 A CIF Championship.
Councilman Lloyd: And they are in the City of West Covina...
Mayor Chappell: No, they are in LaPuente.
Councilman Lloyd: Well the request was that we give them
a proclamation.
Councilman Young: I had a pressure conversation on my home
front along the same line and I .said
"no" and my daughter is not speaking
to me now, she is in love with half the players down there.
Councilman Lloyd: If nothing else we ought to get
Councilman Young off the hook and they
• have certainly done an outstanding
job by winning two years in a row and they are in the area.
I would move that a proclamation by
the City of West Covina be given to the football team from
Bishop Amat High School in recognition of their outstanding
achievement, and that it be perma-plaqued. Seconded by
Councilman Young.
Mayor Chappell: I think it is a very good idea. They
have done an outstanding job for two
years running.
17 -
CITY COUNCIL 12/27/71 Page Eighteen
CITY COUNCIL COMMITTEE REPORTS
RESOLUTION NO. 4500 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA COMMENDING THE
• BISHOP AMAT HIGH SCHOOL FOR THEIR
ATHLETIC ACHIEVEMENTS."
Motion by Councilman Lloyd, seconded by Councilman Young and
carried, to waive further reading of the .body of said Resolution.
Motion by Councilman Lloyd, seconded by Councilman Young to adopt
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
DEMANDS Motion by Councilman Young, seconded by
Councilman Shearer, to approve demands
totalling $609,236.01 as listed on
Demand Sheets B518 through 520, total including payroll and time
deposits. Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
ADJOURNMENT Motion by Councilman Lloyd, seconded by
Councilman Shearer and carried, to
adjourn meeting.at 9:.07 P.M.
I]
ATTEST:
CITY CLERK
•
APPROVED:
MAYOR