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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) - 1 - 1� • 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 - 2 - 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. - 3 - 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 - 4 - • 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." - 5 - 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 - 6 - 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. - 7 - 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. - 8 - 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? - 9 - 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 10 - 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