02-14-1972 - Regular Meeting - Minutesw-
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
.CITY OF WEST COVINA, CALIFORNIA
i
FEBRUARY 14, 1 9�72.
The regular meeting of the City Council was called to order at
•7:33'�P.M., in the West Covina Council Chambers by Mayor Ken Chappell.
The Pledge of Allegiance was given. Reverend Robert F. Condon,
Chaplain of the Queen of the Valley Hospital gave the invocation.
-40
ROLL CALL
Present: Mayor Chappell; Councilmen: Shearer, ,Nichols,
Young?Lloyd
Others'Present: George Aiassa, City Manager
George Wakefield, City Attorney
Lela Preston, City Clerk
H. R. Fast, Ass't. City Manager
George Zimmerman, City Engineer
Richard Munsell, Planning Director
Leonard Eliot,.Controller
Alec Andrus, Administrative Analyst
PRESENTATION
Mayor Chappell: A presentation will be made by Mrs. Paul Herman
and Mrs. Franklin Gove on behalf of the
Junior Women°s Club of West Covina, a copy of
the State of California Resolution No. 626 regarding Drug Abuse
Prevention and Education Week.
,Mrs. Herman and Mrs. Gove presented Resolution to the City and
than}ced the City for their help in putting on'the Drug Abuse Prevention
and'Education Week..
Mayor Chappell: We thank you for putting on -the week of Drug
Abuse Prevention and Education. We think the,
information you have put out is worthwhile
and we.hope you will continue your efforts in the community. Your
group is one of the most hardworking groups in the City. (Appla.use)
CONSENT CALENDAR
Mayor Chappell stated that the following items listed under the,
CONSENT CALENDAR will be enacted by one motion. (He explained the
procedure.)
1. WRITTEN COMMUNICATIONS
a) Frank G. Bonelli
Request
b) Mrs. Carl F. Davis,Jr.,
West Covina Council of
Parent Teachers Assoc.,
lst.District
• c) M. Kathleen.Keller
1518 Sunset Hill Drive
West Covina
d) American.Cancer Society
Request
e) Spanish Trails Girl Scout
Council Request
For support in getting Legislature
to bring about property tax relief.
(Refer to Staff)
Request for City to institute program
of recreational benefit for handi-
capped children. (Refer to Staff
and Recreation and \`Parks Commission.)
Re. E1 Dorado School closing.
(Receive and forward to School Board)
(See Page 4)
Permission to conduct annual
appeal for funds. (Approved in
prior years) (Approve subject to
staff review)
Permission to conduct annual
cookie sale. (Approved,in prior
years) (Approve subject to Staff
review)
CITY
COUNCIL 2/14/72
Page Two
CONSENT CALENDAR - Cont'd.
f)
Barbara Ann Bakeries
Re overpayment of 1972 Business
(H. G. Mykles, General
License Fee in amount of $15.00.
Manager)
Request refund. �Withdra.wn .arid dis-
cussed on Pages - 7)
• g)
West Covina Chamber of
Re. West Covina Chamber of Commerce
Commerce
International Spring Fair April 22
through April 30, 1972. Request
City's share of $2 000. (Withdrawn
from Consent Calden9�9 .r a.n discussed
on Pages 7 , 8 an
h)
Nancy Galloway
Re" formation of a "Beautify West
832 West Spruce St.,.
Covina" group to clean up City.
West Covina
(Refer to West Covina Beautiful and
Staff)
r1
U
i) Division of Highways
j) Fredric R. Kutner, M.D.,
k) Charles R. Simmons,
West Covina Ministerial
Association
1) Walsh-Forkert Civil Engrs.
m) beorge Pike.
2. PLANNING COMMISSION
a) Summary'of Action
b) Parcel Map No. 2611
Larwin Multi -Housing Corp.,
c) The Villas
d) Parcels Adjacent to
Freeway Widening
3. PERSONNEL BOARD
a) Minutes of January 4/72
b) Park Foreman Class
Specification
c) Criminalist
Submitting copies of Utilities
Agreement #7Ut-419 re relocation
work on San Bernardino Freeway
between Puente Avenue and Holt
Avenue. (Refer to Public Works
Item A (2)
Re Nazi headquarters. (Withdrawn and
discussed on,Pages.9-- 14)
Re Nazi group in City. .(.Withdrawn and
discussed on Pages 9
Re Brutocao property Tract No.
29126, requesting City vacate an
easement. (Refer to Staff)
Employee request for Leave of
Absence with pay. (Refer to City
Manager)
February 2, 1972. (Receive and
file)
Location: Easterly of' -Grand,
northerly of San Bernardino Freeway.
Request: Lot split to create two
parcels from one 13.58 acre parcel.
Recommended by Planning Commission
Resolution No. 2377. (Staff
recommends approval)
Recommendation for urgency ordinance
re moratorium on construction for the
next 90 days (.S'ly Annexation No. 213)
(Staff recommends approval) (Refer to
City Attorney Item E (3)
Recommendation for ugency ordinance re
extension of moratorium as
established by Ordinance No. 1178
expiring February 20, 1972.
(Staff recommends approval) (Refer
to City Attorney Item E (4).
(Receive and File)
Accept recommendation of Personnel
Board.
Accept recommendation and report of
Personnel Board to amend Resolution
No. 1277. (Refer to City Attorney
Item E (5)
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CITY COUNCIL 2/14/72
CONSENT CALENDAR - Cont°d.
4. HUMAN RELATIONS COMMISSION
Summary of Action
5. YOUTH ADVISORY COMMISSION
Summary of Action
•
6. ADMINISTRATIVE ITEMS
a) Humane Society
b) International Guiding
Eyes
c) D. E. Davis
d) Freeway Widening
7. ABC APPLICATIONS
Kenneth Eugene White and
Gisela Gertrude White
5205.N., Hyacinth, Azusa
The Southland Corporation
P. 0. Box 698, La Mesa
Page Three
January 27, 1972. (Receive and File)
Adjourned meeting February 1, 1972.
(Receive and File)
Request to solicit. (Staff report)
(Receive and file)
Request to solicit (Staff report)
(Recommend approval)
Complaint re horseriding. (Refer to
discussion on Page 4)
Monthly progress report.
Chief of Police recommends NO PROTEST.
dba 7/Eleven Food Store
1319 W. Merced Avenue
8. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS
a) PRECISE PLAN NO. 608
AZAR CONSTRUCTION CO.
b) TRACT NO. 23 631
DONALD L. BREN CO.
c) TRACT NO. 25512
DONJWLD L. BREN CO.
d) TRACT NO. 30398
DONALD L. BREN CO.
• e) TRACT NO. 31096
DONALD L. BREN CO.
r:
f) TENTATIVE TRACT NO. 31103
UMARK, INC.
Location: 821 S. Glendora Avenue
(Toyota Agency)
Accept street improvements and
authorize release of the Aetna Casum
alty and Surety Co. Bond No. 33572404
in the amount of $1,100.(Staff recom-
mends acceptance and release of bond)
Location: Northwest corner Amar Road
and Brentwood Avenue. Authorize re-
lease of the American Insurance Co.,
Bond No. 7104773 in the amount of
$1,330. Monuments in place. (Staff
recommends release of bond)
Location: Southwest corner Amar Road
and Temple Avenue. Accept sewer im-
provements and authorize release of
the American Insurance Co. Bond No.
7104741 in the amount -of $46,WO.
(Staff recommends acceptance and re-
lease of bond)
Location: Woodgate Dr. east of Temple
Ave. Accept street improvements and
authorize release of the American
Insurance Co. Bond No. 7105510 in the
amount of $53,000. (Staff recommends
acceptance and release of bond)
Location: Temple Avenue north of
Woodgate Dr. Accept sidewalk improve-
ments and authorize release of the
American Insurance Co. Bond No.. 7105849
in the amount of $400. (Staff recommends
acceptance and release of bond)
Location: Lark Ellen Ave. north of
Amar Road. Accept street improvements
and authorize release of St. Paul Fire
and Marine Insurance Co. Bond No.
4000V3985 in the amount of $30,000.
(Staff recommends acceptance)
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CITY COUNCIL 2/14/72 Page Four
CONSENT CALENDAR - .Cont'd.
9. CLAIMS FOR DAMAGES FILED WITH CITY CLERK
a) Rar(jaret Villa, et al - Accident January 14, 1972 at Amar
Road and Indian Summer Avenue)
Deny and refer to Insurance Carrier)
• b) Reverend Robert A. Blees Flood damage, October 7, 1971.
2258 E. Greenville Drive. (Refer to City Attorney)
• (Mayor Chappell asked if there was any discussion on the above listed
items.)
Councilman Lloyd: I would like to call up Items (g) and (k)
under Written Communications.
Councilman Young: With respect to Item 1 (c). I would like to
simply, modify the recommendation, which
reads 'Receive and File" to "Receive and
Forward; to the School Board", because this relates to the School
problem which the Board is grappling with - I know because I went to
the meeting. I will make that as a motion.
Seconded by Councilman Shearer and carried.
Councilman Young: Also Item (f) I would like to withdraw from
the Consent Calendar in light of the attached
Ordinance to this particular request. I
tYink that bears discussion.
Mayor Chappell: If there is no opposition to that - Item (f)
is withdrawn from the Consent Calendar.
Councilman Shearer: Item 6 (c), the item referring to the
undesirability of horseback riding within
residential areas. Mr. City Attorney/in view
of the fact that the State of California makes reference to "horse"
in the same sense as a motor vehicle, could the City .ban the riding
of horses on public streets?
Mr. Wakefield: Yes, Councilman Shearer. I think the City
City Attorney does have the authority to prohibit the
riding of horses on public streets.
Essentially it gets down to a question of which uses of the public
streets are or are not safe and are compatible with the pr hcipal�.use
which is the operation of motor vehicles. If any particular street
or all streets of the City :w'ere-determined to' be unsafe to ride
horses that use could be prohibited.
Councilman Shearer: The basis of prohibition would be on safety
and not on the basis of the letter complaint.
Mayor Chappell: Is there any further discussion by either
Council or a member of the audience? If not,
a motion would be in order.
Motion by Councilman Lloyd, seconded by Councilman Young, that
. Consent Calendar items 1 through 9 with the exception of Items (f),
(g), (k), and (j) be approved as submitted. Motion carried on roll
call vote as follows:
AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: -None
Mayor Chappell: We will now go back to the items withheld.
The first item is (f) - Barbara Ann Bakeries
request for a refund on the overpayment of a license fee.
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CONSENT CALENDAR WITHHELD ITEMS
Page Five
Councilman Young: Yes, Mr. Mayor, I called this item to the
Council's attention because it seems to me
a perfectly reasonable request has been made
by the Barbara Ann Bakeries for the $15.00 refund and I wondered why
the item was on the agenda. Why didn't we just send them the money?
. It says "refer to the City Attorney" and then I noted that we have
an ordinance "that any license fee paid whether erroneously or
• otherwise shall not be refunded". Somehow this offends my
sensitivities.
Mayor Chappell: I believe that is why it is being sent back
to the City Attorney. We are not refunding
the whole amount. We are looking into
whether we can refund that portion of overpayment.
Councilman Young: I think we ought to refund the $15.00 that has
been overpaid and I am prepared to so move,
if in fact it is an overpayment. If they are
mistaken then let's advise them that they have paid properly,
otherwise send it back. And I think we ought to consider the use
and disposition of funds that are paid erroneously. If someone gives
me $10.00 by mistake I don't know why I should be entitled to keep
that $10.00 as an individual or a City. This bothers me a bit. I
will make a motion that we refund the $15.00 at this point.
Seconded by Councilman Lloyd.
Mayor Chappell: Mr. Wakefield, can�you give us any legal
opinion at this moment as to whether we can
vote on this or not?
Mr. Wakefield: Mr. Mayor and members of Council, may I
City Attorney suggest as a means of procedure, if the
Council believes that the equities of the
situation justify the refund/then I would
recommend that you authorize the refund subject to the approval of
the City Attorney as to the legality of it.
Councilman Lloyd: Mr. Aiassa, what kind of expenditure of
city funds is involved in the handling of
the paperwork on this type of request, even
though an error has been made. Do we have any cost in manpower and
production?
Mr. Aiassa: Our first initial cost is the issuing of the
license and that is quite a procedure.
Secondly, if it is refunded it has to come
through the warrants, which is also a cost.
Councilman Lloyd: What kind of administrative costs are we
talking about - do you know? Is there a
reason for the ordinance as it is? Is
there a figure involved in the cost of the production administratively
in delivering a license and then having to refund the money?
Mr. Aiassa: Well,there is time consumed in the issuing of
the license, also the policing of the license.
We have one employee that does nothing but
handle the licenses and if they don't pay their license then we have
ito send someone out, etc. That is why the ordinance is written
that the fee should not be refunded because I think the $15.00 has
already been consumed in the expense of the operation by the City.
Councilman Lloyd: In other words is it always $15.00 or. could
it be in excess?
Mr. Aiassa: It depends on the operation of the business.
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CITY COUNCIL 2/14/72 Page Six
CONSENT CALENDAR.WITHHELD ITEMS
Councilman Lloyd:
In other words somebody could pay a business
license fee of three .or four hundred dollars?
Mr. Aiassa:
That is right.
SCouncilman
Lloyd:
I think this is what Councilman Young is
probably talking about and at that point I
will turn the floor over to him.
Councilman Young:
I wasn't thinking in such grandiose terms
certainly. Do we bill for licenses? And do
I get a bill?
Mr Aiassa:
Yes,we do bill and yes you did, your
secretary pays it.
Councilman Young:
Apparently these people are desperately trying
to abide by the rules of the City so they
don't get a bill and they feel they overpaid
by a third.
Mr. Aiassa:
For the Council's benefit I would like to say
this. Many times these agencies, and
especially bakeries ,end vending outfits. say
they will only operate
so many vehicles and then our enforcement
officer finds they operate
more. They have a tendency to put down the
minimum and then we find
out they are operating the maximum. In this
one incident we might
have had a miscarriage of justice but in 80% of
the cases the City is
the one that gets hurt.
Councilman Shearer:
Were they billed $45.00?
Mr. Aiassa: Yes9they were billed for three and they have
had three continually for several years. I
don't believe business is that bad. That is
why we referred it to the City Attorney to see if we could find out
what the real problem is.
Councilman Shearer: It would seem to me the mistake primarily
was theirs for over paying, we assumed and
rightfully so, that they had three and
based the license fee on that. They should have indicated this at
the time. Because of that it has caused staff to go through a
certain amount of extra work and I would question if the $15.00 should
be returned.
Mr. Aiassa: Normally if they are not going to operate in
the numbers they have in the past year they
notify the City Clerk that they are not
going to be operating more than a certain number of vehicles and
if the amount is less then the City Clerk issues a new business
license for the exact amount. This is usually under the cooperation
of the vending company.and the City. I believe in this incident
probably an auditor picked it up.
• Councilman Young: I suppose this is Parkinson's law really in
action.. We have $15.00 here that we can
haggle about for two or three hours and then
pass another item of $203, 000 in demands and another $400., ESQ; will
be passed very routinely in one quick motion. And if we get
crossexamined on all the warrants involved here we are hung out to
dry. I think the point is certainly made. If there has been a
good faith error made I don't think we ought to keep their money.
If it is an error not in good faith or a mixed problem of city and
licensee here where it is some fault both ways or all the fault
lies on the licensee then perhaps we are justified in keeping the/
money and everybody is then on notice for the future that the City
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CITY COUNCIL 2/14/72
CONSENT CALENDAR WITHHELD ITEMS
Page Seven
don't do it. It is not going to bankrupt Barbara Ann Bakeries or
the City one way or the other. The principle of an ordinance
which says "any license paid'. whether erroneously or otherwise
shall not be refunded", that particular principle disturbs me. A
good faith mistak-e I feel should not result:in a penalty to
somebody. That is why I brought it up.
• I like the City Attorney's suggestion and
I will stand on the motion to refund subject to the City Attorney's
approval.
Mayor Chappell: Does the second agree to that?
Councilman Lloyd: Yes.
Motion carried; Councilman Shearer voting
"no".
Mayor Chappell: The next Item is (g) West Covina Chamber of
Commerce International Spring Fair.
Councilman Lloyd: Mr. Mayor - I note people from the Chamber
of Commerce are here - Mr. Strach:an:,_ are
you going to talk on this tonight? The Chamber
is asking for $2,000.
Mr. Strachan: I will be glad to answer questions.
Chamber of Commerce I think Mr. King is prepared to talk on the
Manager subject.
Councilman Lloyd: Mr. King is this more than it was last year?
Mr. King: Yes, it is $1, 000 more.
Councilman Lloyd: Is the reason wh y y_,.,i.ti's more?
Mr. King: Yes,we have much better participation this
year.
Councilman Lloyd: That would tend to mitigate in saying it
should be less.
Mr. King: Well,we have more manpower` and so we know
it is going to be a succ&s,with your cooperation.
Councilman Lloyd: Mr. Aiassa, what was the amount of money
given to the Chamber of Commerce this year?
Mr. Aiassa: Approximately $39,000.
Councilman Lloyd: Have you spoken to the Chamber on this
request?
Mr. Aiassa: I talked to Mr. Strachan last week and -I
told him that under the circumstances .....
well that is why it is recommended that it
be referred to staff because at present it is above the allocation
made to the Chamber of Commerce and any amount of money not budgeted
has to be reviewed.
. Councilman Lloyd: Are the monies available in the amount of
$2,000 and are you prepared to go forth and
recommend that it be paid to the Chamber of
Commerce?
Mr. Aiassa: I have not reconciled the budget yet, we are
in the process of doing that now. Normally
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CITY COUNCIL 2/14/72
CONSENT CALENDAR WITHHELD ITEMS
Page Eight
when they make a request for money I don't try and make a conclusion
on the same night the request is made. I think this is an unfair
imposition placed upon the administrative staff that is working
very closely on an austerity budget and trying to save money.
Councilman Lloyd:
Mr. Aiassa:
scheduled in the budget
Councilman Lloyd:
Mr. Aiassa:
Were you able to raise the $1,000 last year?
That item also was not a budgeted item. It
came late in the middle of the fiscal year
and we had to remove an advertising item
and use that money to cover this.
Do I understand that you are prepared to
negotiate with Mr. Strachan?
I will be more than glad to negotiate.
Councilman Lloyd: Mr. King, let me state this - which I am sure
you already know - once the budget is approved
it .goes beyond the pm]. y dapab. lity.;oj;: >this body,
and the man that has the purse strings and who has,been charged with
all of the monies of the City and if one penny is to come up9it has to
be raised by the City Manager, and this.Council cannot order him to do
so unless it is willing to make compensatory reductions and go through
budgetary hearings, which have already been approved. So before
one cent can be raised at this time he has to approve it and I would
suggest that if next year you are planning a similar program that you
should notify the City to consider the possibility of whatever the
amount is. At this point, until such time as Mr. Aiassa is prepared
to give us a kind of a hard line approach on the amount of monies
that might be available due to certain budgeted items that have not
been spent, I don't think this body can really say very much other
than refer it to staff.
Mr. King: In other words we will negotiate.
Councilman Lloyd: I am not saying that.....
Councilman Young: That was the recommendation wasn't it?
Councilman Lloyd: I just wanted to see if we had the money.
Councilman Nichols: I would like to say before we negotiate
excessively on this matter that I won't be
in favor of it no matter how much negotiation
goes on for what I feel is a good and valid reason. We are in the
greatest year of stringency that our City government has ever had.
We have several hundred employees of this City who have not had even
a 1/ cost of living adjustment. We have refused expenditures on item
after item that are not budgeted items. And this is not a budgeted
item. We met with the Chamber. of Commerce at budget time and we
granted to them some $39,000 which for this community is a great deal
and more than any community ip this area is giving to its Chamber of
Commerce. My way of thinking, in coming in at this time of the
year, in this budget year particularly, and asking for a $2,000
contribution is simply another way of getting in the side door and
practicing up -man -ship on a budget, if.. in fact this activity
went on last year and there was a great anticipation that it might
go on this year. And indeed I am not in any sense reflecting on
the worthiness of this effort. The Good Lord knows that this
Council and City government are expending the people's funds to a
massive degree to try and upgrade and improve the competitive basis
of our community. But I couldn't Ain good conscience ask for funds
to come from some place in this desperate year for this type of
activity.
In summary I would like to make it unqualifiedly
clear that no matter how long the negotiations are or what the
CITY COUNCIL 2/14/72 Page Nine
CONSENT CALENDAR ITEMS WITHHELD
compromise is, I don't think that the City government in this year
is in a position to participate further in.the Chamber°s activities
other than the $39,000 that the Council appropriated originally.
Motion by Councilman Young, seconded by Councilman Lloyd and carried,
• to refer Item 1 (g) to staff. Councilman Nichols voted "no".
• Mayor Chappell: The next subject for discussion is Item 1 (j)
and (k), both relating to the same subject.
Councilman Lloyd: Mr. Aiassa, I understand that a good deal of
activity has taken place with regards to the
Nazi headquarters which has sprung up in the
City and I wondered if you would review the action to this of t;(Ma or
called or a show of hands of those present who were.interepsti in this
1(irttiasa: I have a summary report as follows:
"On 2/9/72, Mr. Stewart of the Nazi Party came
to the City Hall Planning Department request-
ing information as to what he must do to meet the conditions of the
Sign Ordinance. This information was given to him by Carol Whelan.,
'On 2/10/72, Mr. Stewart again came to City
Hall to request a permit for the installation of a legal sign at the
headquarters, 1609 West Garvey Avenue. He presented the proper
sketch and filled out a sign application. However, issuance of this
permit was withheld until such time as the existing sign violation
had been removed. Mr. Stewart left the office to consult with his
attorney.'
'On the same date we observed three members of
the Nazi Party remove the roof sign from the headquarters, and
shortly thereafter Mr. Stewart reappeared at the Building Department
to obtain the permit for his legal sign. Before issuance of this
permit, contact was made with Dick Terzian, Deputy City Attorney, as to
whether we should issue the permit at this time. Dick Terzian con-
curred with the opinion of George Wakefield given to us on Wednesday,
February 9, in that we were to process the permit without any other
conditions than what we would require from any other applicant.'
-2/11/72, 9 a.m. - T. J. Stanford and I went
to Citrus Municipal Court for the arraignment of Smith and .Stewart
on the two charges filed. At that time, Judge Martin asked them if
they were to be represented by an attorney. They said - yes; however,
their attorney was not there. The Court then contacted their attorney
who stated that he had not been retained on this particular case.
However, he is the attorney of record for the Nazi Party on.the
E1 Monte case. Judge Martin continued the arraignment and plea over
until February 14, 1972, and he stated that the arraignment would
take place at that time, with or without their attorney°s presence,
and that he did not intend to trifle with the law. The Attorney for
the Nazi Party is James'R. White.'
°P.S. - as of 2 p.m., 2/11/72, the two flags
and flag poles have been removed."
• And to update the bulletin you now have,
at 9 a.m., today in the courtroom of-Commissioner;Matcha, the attorney for
the Nazi Party received an extension of time on the arraignment
• until February 22, 1972, at 9 A.M. It is my understanding that at
this arraignment they also intend to file a demurrer. Afterwards
they appeared at City Hall and requested a building permit for the
construction of a partition to replace the'one noted in one of our
complaints. This permit is now being processed ,by staff.
Councilman Lloyd: Mr. Wakefield, what is
demurrer and how long
activity on it?
the consequence of the
will we continue the
MAE
CITY COUNCIL 2/14/72 Page Ten
CONSENT CALENDAR ITEMS WITHHELD
Mr. Wakefield: Mr. Mayor and members of the Council, thhe',filing
City Attorney of a demurrer is in effect an objection to
the legal sufficiency of the complaint that
has been filed against the individuals that
were named. The ruling on the validity of that demurrer will be made
by the Judge of the Municipal Court before whom the matter comes
and if he decides that the demurrer is -well .taken then he may
dismiss the complaint. If in'his'.bpinion it is not well taken then
the individual defendants will be required to plead to the
complaint and the matter will be set for trial ift .the-ordinary.',way. This
is one of the procedures available to a defendant to question --the
legal sufficiency of a complaint filed against him.
Councilman Lloyd: Mr. Wakefield, in view of the onerous and
public nature of the organization in the
city limits of this City, as the Nazi Party
Headquarters, what recourse do we have in the City as far as keeping
them out or restricting their activities?'
Mr. .Wakefield: The authority of the City Council in a matter
City Attorney of this kind is limited. The City has only
the right to require that these individuals
qr the group which they represent follow the provisions of State
Law and the requirements of our municipal ordinances in whatever
they do. And this, the City has endeavored to do. We filed a
criminal complaint on the day the original signs were put up and
the flagpoles were erected on the structure. We have followed the
matter closely and carefully both througA the Police Department and
through the other agencies of the City government. Each step which
has been taken thus far has been carefully reviewed. Unfortunately,
even though we may not agree with the aims or -
purposes or objectives
of the organization that in of itself does'not constitute a basis upon
which the City may act. The constitutional protections -that -are—
provided for in the United States Constitution extends to radical
and distasteful points of view as well as to more orthodox points of
view and more orthodox organizations. I think that all of us at
staff level can say to the City Council and those present here and
interested in the matter, is that we share your interest and concern
and within the limits of the law and the limits of our own ability
to deal with the situation we will take everyz step that can be effective-
ly taken to control the activity and to control the organization.
Councilman Lloyd: Thank you, Mr. Wakefield. All I have to sad
is 30 years ago I was involved in the
war, as many people present here were, in
direct confrontation with Nazi Germany. My views haven't changed
from that time. I lost many good friends. So there is no point in
my going on unless Council has some other views.
Mayor Chappell: Mr. Aiassa, are we doing anything else in
line with the operation of fhis Headquarters
at this time, or do we anticipate any more
action that is perhaps within our ordinances and the State Laws?
Mr. Aiassa: We have received an informal notice that
the Reeves have given an eviction notice.
• That is a civil arraignment between the
Reeves and the tenant. Also we are proceeding with the prosecuting
.of the violation of the illegal sign and the illegal constructions
they made which will be handled on February 22 in the courts.
Councilman Young: Mr. Mayor. I have a question or two. I
gleaned from the comments up to now, from
the City Attorney primarily and I have had
this opinion and I think most of us in.the whole audience have and
we are limited in what measures we can take to control the activity
- 10 -
CITY COUNCIL 2/14/72 Page Eleven
CONSENT CALENDAR ITEMS WITHHELD
or eliminate it or what have you. We are in the area of politics,
very distasteful politics;and to be sure, ` ift something- that our
fair City in -.the utmost throes'of any kind of controversy we've
had'; perhaps has not'been this controversial or•this.'.distasteful to us.
In the process of :fighting it of course,
• we can and perhaps do play into the .hands of the enemy (if I may
use that strong term) to some degree. For example; primarily by
giving attention to it. Let me ask this question of either
Mr. Aiassa or Mr. Wakefield. Isn°t it true that normally if
somebody comes in and violates a sign ordinance this individual or
organization is given a notice of violation and a demand to comply.
Isft1t that correct?
Mr. Aiassa: Yes.
Councilman Young: And this occurs before any criminal action
is taken or contemplated - isn't that true?
Mr. Aiassa: Yes.
Councilman Young: And if there is compliance no criminal action
is taken?
Mr. Aiassa: Yes.
Mr. Wakefield: Councilman Young9you are correct. In this
City Attorney case I think the notice to comply that was
issued was shorter .than that which we would
normally give to an offending individual.
However, from the staff point of view we felt that the danger in the
display of the signs was such that a shorter notice was justified
under the circumstances.
Councilman Young: Do we now have compliance?
Mr. Wakefield: So far as the sign itself is concerned
City Attorney that is now on the front of the building
that sign does meet the legal requirements
of our sign ordinance for the zone in which the property is located.
Councilman Young: The City will pursue its course, I am sure,
but I think inherent in here is a problem
of discrimination in the application of
an ordinance. I think the result well might be that we give .
prominence to the organization which would not otherwise be given
now that there is compliance. I think prominence is exactly what
they want and we are playing right into their hands in giving this
prominence, because the press does ,tend to follow items of this
controversial nature because they are items of interest and that is
what makes news and the often lies the credibility gap in
society. I would like to see us exercise what measures we have to
exercise but with -sufficient restraint to minimize the amount of
public attention that is given to this particular organization.
I would not presume to sit here and dictate to staff or my fellow
Councilmen, but discrimination can run two ways and cut with a
two-edged sword. I am very hopeful: that the civil remedies being
• applied (and I have some familiarity with those) will be successful'.
Mr. Aiassa: I would like to say I concur with the
• ;� statements made by Mr. Young. And that
' particular location seems to have a
r, quandgly for illegal signs. I believe there was a certain judge
that put up a certain sign there and it turned out he violated the
sign ordinance and we followed the same procedure then as we have
now. So we showed no preference in that location. We are also
investigating two other items which I don't want to make public.
There might be two more violations that might be processed through
the City Attorney. !`
�� 11
CITY COUNCIL 2/14/72 Page Twelve
CONSENT CALENDAR ITEMS WITHHELD
Mayor Chappell: I think this points out that we are doing
all we can to assure that this organization
does comply and uphold the ordinances and
laws of the land.
• Councilman Young: Mr. Mayor - I was wondering if there were
people present that wanted to speak to the
subject. This might be the time since we
are on it.
Mayor Chappell: Does the Council have any objections to
hearing anyone on this subject at this time?
(No objections.)
Stanley J. Spier Mr. Mayor, -Councilmen and the audience, I
903 Mobeck believe we are faced with more than an
West Covina infringement of a sign ordinance or the
rights of human beings to live and exist
as they would like to. If we don't have an
ordinance that prohibits distributing of hate literature in our
schools and seeing 10, 11 and 12 year old children passing this
literature out, which I have in my hands here and which I will submit
as evidence of the material passed out: White Socialist Party,
Heah Come the Reverend, Boating, and the White Tow'e:r^ - the Newspaper
of White Revolution. I believe when it has to do with the well
being and good health and welfare of our children and our families
then I think an ordinance should be passed to stop this if we don't
have one. I will never advocate the right for anybody not..to live
as they would like to and the freedom of speech, religion and
the pursuit of happiness because I will fight for our right to
disagree and we did. But by golly when it starts to injure and if
we have another El Monte here in West Covina I don't want to see it,
but this may be what,we are heading for. Unfortunately we can't
keep everybody out of here. I believe it would behoove the Council
to pass an ordinance if we can. I thank.you very much.
Mayor Chappell: Is there anyone else in the audience that
would like to speak on this subject?
Councilman Shearer: Mr. Mayor.' I_was just going to agree with
the gentleman and suggest that perhaps the
City Attorney report back to us if there is-
anyfway possible that we can stop the passing out of such literature
by passing an enforceable ordinance - by all means that we do it.
Being younger than some of you I did not have the experience to
participate in the conflicts that the gentleman here did participate
in. My father was in the First World War and he imparted to me a
certain feeling of respect for mankind, etc., and this sort of
literature turns my blood as well as the gentleman who pefihaps came
face to face with a demonstration of this type of thing. I don't
think there is a person here that does not feel that if there is
anything in our power within the law that we would not hesitate to
do it. On the other hand I feel hesitant to over -react. in a manner
that will bring notoriety and publicity to this group - which they
do not deserve.
I look at this as I do my son - 11 years
old - he doe s_things..once in -.a -.while contrary to my wishes and
. desires and I think just to call attention to himself. Occasionally
he is very disappointed, strange as it may seem, that I don't
over -react and give him the attention that he might otherwise be
seeking by doing some of these childish things. And I think this,is
what our friends across the way are doing, although it does have a
much more dire consequence if accepted and believed. I agree 100/
with what the last gentleman said. As far as this Council is con-
cerned we will do all we can, believe me. I would like to have the
City Attorney come up with something, if at all possible, to stop
MWAE
CITY COUNCIL 2/14/72 Page Thirteen
CONSENT CALENDAR ITEMS WITHHELD
the circulation of this kind of trash in our community. There is a
good place for this trash on Azusa Avenue called the B.K.K. Dump.,
Mr. Spier: If I may respond, Mr. Mayor. I appreciate
• your remarks Councilman Shearer but we
have to remember one thing - Nazi Germany started with giving a
finger and taking the whole hand. So we believe it has to be
stopped now and if we turn our backs and say "hey wait a minute
this is just a.little thorn in our side" - thorns get to..be great
big gaps before we know it and we are right in the middle of
something we don't wish to be.
Councilman Shearer: That does of course place ;burden on all of
us as parents, as community minded people,
to combat this' type of "blank91 as all other
types of evil in the world. Placing the responsibility on me with
my children, you with'your children, and all of us with our children,
to teach them the right and wrong so when this is passed out at
school and comes into their hands (because things will come into
t'ir hands that neither you or I can control) that they are
prepared to oppose that and if we don't do that we can pass all the
laws and the ordinances in the world and if our children and all the
children in the Country aren't educated by their parents and prepared
to meet this with.their education and thought then ordinances will
do no good.
Samuel Cohen I would like to comment on what
Benwood Street Councilman Young said;, by pointing these
West Covina things up and talking about it and getting
it in the press we are bringing attention
to these people. I don't see how we can
-avoid bringing attention to these people, particularly when they
have two great big banners flying from the staffs and two great big
swikas sitting on top of the building, and 200,000 motorists
using the San Bernardino Freeway on a daily basis and on weekends,
and seeing these things. Certainly this is more publicity than
any newspaper can give it and these things get around by word of
mouth. I am located in the City of Los Angeles in business and
many associates have accosted me and said "Sam, how come they have
allowed this to happen in your City., It is unheard of." Well
when in E1 Monte nobody knew about it, it was not in a public place,
but being as close as it is to the freeway the publicity that we
are trying to avoid is being given very blatantly right out there.
Thank you.
Councilman Young: Perhaps I should respond. The point I am
making is not certainly to stifle discussion
or stifle any action of the City that is
administered in the normal fashion that the City operates and that
the laws are administered. I am quite willing to discuss the
matter. I certainly concur with everything that has been said here
this evening. I am well aware of the fact, which you may or may
not be, and I am sure the City Attorney is, and that many of us here
are, that we operate within the framework of the Constitution of the
United States and we operate within the framework of that Constitution
as it'is interpreted and'administered`by the courts_ d that we are
dealing with an organiz-ation that -is, .at -least--. on t-t-he ' woe , political.
Just as the Communist ic-' Party.g. Demecrat.s 9 . Republicans, --or other -_things
are political.. =-. Nonetheless there is the
concept of the e�al -protection of the laws; there is the concept
of equal application of the laws. We may well be in the position
in the City of West Covina where there has been a violation of the
West Covina'Sign Ordinance. That is the only violation I am aware of.
There may be some others which the City Manager does not care to
disclose at this time and I don't care to pursue the point because
I know he is working .in good faith and our Police'Department and -all
other Departments of the City are working iai-good faith. There may
- 13 -
CITY COUNCIL . 2/14/72 Page Fourteen
CONSENT CALENDAR ITEMS WITHHELD
be other violations but these are all that have come to our public
attention. I do know that the normal method of administering the
laws relating to signs where there is a violation the violator is
given a chance to comply. If he complies there generally is no
• prosecution, The matter is dropped because compliance is the issue.
I dislike getting in the position of getting whipped by the Nazis
in the courts and I think we are very close to that position if
this matter is seriously pursued. I haven't been able to look at
the literature that Mr. Spier has passed up to the Council, It
hasn't gotten down this far, and I wouldn't have time to look at it
at this time.
Mr.. Cohen ". Approaching it from'your tack they have us
over the barrel at this time and there
isn't anything we can do about it.
Councilman Young: Mr. Cohen, it isn't my "tack". I am
expressing a tack that I know exists and
we have to be realistic and this is where
many things begin in the home, the community and otherwise, but
it is a realistic tack, it is not my tack. My tack may be to go
over there and tear the damn place down, but I can't do it and you
can't do it. Do you understand?
Mr. Cohen:
Yes. Thank you.
Rudy Hbrnandez The only reason .I am here fr®m,,.La- Puerite.j. I °m
1574 with the military.Purple Heart in West Covina.
La Puente We feel that our organizations in the City
of West Covina have followed all the rules
and regulations of the City. We, as the Veteran�;' Coordinating
Council in the City of West Covina are trying to hold our
organizations back as hard as we can until this Council can come up
with some solution. I myself feel and I think many people feel as
I do, we fought the Germans overseas and it wasn't the Germans we
fought - it was the Nazis. So why should we have to fight them
over there and come back to our Country and have to fight them
again. So I feel in my heart that the Council here in West Covina
will come up with some solution. Thank you.
Mayor Chappell: Thank you very much for your faith in us.
Is there any further discussion? If not
we will close this portion of our meeting.
Motion by Councilman Shearer, seconded by Councilman Lloyd and
carried, to refer to staff items (j) and (k) of Item 1.
(THE CHAIR CALLED A RECESS AT 8:30 PoM. COUNCIL RECONVENED AT
8:45 P.M-.)
HEARTNC;S
ZONE CHANGE APPLICATION
NO. 461
ALVIN W. BURNETT, M.D.
• and CALVIN SCHNEIDER, M.D.
•
LOCATION: Northeasterly corner of
Azusa Avenue and Thelborn Street.
REQUEST: Approval of a change of
zone from O-P (Office Professional)
to S-C (Service Commercial) on a
0.86 AC parcel. Recommended by
Planning Commission Resolution
No. 2373.
(Mr. Munsell, Planning Director, summarized Planning Commission
Resolution No. 2373, slides shown and explained.)
THIS IS THE TIME AND PLACE FOR THE PUBLIC HEARING ON ZONE CHANGE
APPLICATION NO. 461.
(Mayor Chappell asked if the proponents were present, they were not.)
- 14 -
CITY COUNCIL 2/14/72 Page Fifteen
HEARINGS: ZC NO. 461
THERE BEING NO PUBLIC TESTIMONY EITHER FOR OR AGAINST,PUBLIC HEARING
CLOSED. COUNCIL DISCUSSION.
Councilman Shearer: A couple of questions. The map first shown
indicated there was a parcel on the north
• and also on the south. Are both of those
parcels under consideration?
. Mr. Munsell: No Councilman Shearer, the parcel on the north is
under consideration; the pareel;-on the south is
part, -,.of. the,-}p-recise-plan., but serves- only as
parking and the.applicants:...didcnot request a zone change on that parcel.
Councilman Shearer: In the staff report - Item 4 ® "S-C zoning
will allow retail commercial tenants in the
existing building, however such would occur
only if parking is adequate.", I don't quite understand that
statement. Is Parking adequate for S-C usage here, or isn't it?
Mr. Munsell: Parking varies,.based on the -types of uses.
For the most part the O-P has a higher
parking standard than most retail commercial
activities,such as real estate officesnwhich do in fact operate
in the bottom floor of this structure now. So that most uses would
find that the existing parking designed for a combination of office
use such as real estate offices and office professional in terms of
the medical facility would probably meet or exceed many commercial
uses that would go in. The type of exception you might find would
be a cocktail lounge or a restaurant which might have a higher
seating capacity than a normal office which would therefore require
more parking°
Councilman Shearer: What kind of a problem would we face if we
granted the zoning and they decided to
rent -to a tenant that was undesirable from
the standpoint of the usage requiriing more parking than available.
Do we have some easy recourse to force this condition?
Mr. Munsell: Yes sir, our recourse is the approval of
the business license,, which is processed
through the Planning Department before being
given an okay, and if there is a problem on a piece of property in
terms of the type of use it is flagged and the applicant is made
known, as in this case, if he is shy of the parking that he cannot
be issued a business license until adequate parking would be provided.
Mayor Chappell: What would prevent him from actually
remodeling the structure and then coming in
for a business license? He has already done
it then. Is there anyway we can make sure he wouldn't make these
alterations prior?
Mr. Munsell: There are no alterations permitted without
a building permit. If.those.are done without
a permit and it created a hardship and all of
a sudden the property owner had something he couldn't use that is
something we call a self-inflicted hardship. Unless there is some
major problem over and above that/ the normal recourse is to order
whatever improvements might be creating the problem to be removed
rather than allow him to force the issue and allow whatever he
might desire. We have had no problem that would indicate this kind
of a problem with these applicants.
Councilman Lloyd: Yes, but isn't it true that decision
wouldn't necessarily come back to the Council?
Mr. Munsell: That is correct. The approach would be one
15
CITY COUNCIL 2/14/72
HEARINGS: ZC #461
Page Sixteen
in which if a business license was applied for prior to anybody
taking occupancy they would be informed they could or could not on
whatever conditions they would have to comply with'to meet the
requirements. If they in fact moved in and then said - we are
• already here, what can we do? The only thing th£*.could be
accomplished would be to order them to vacate the premises or
whatever it is that needs to be . solved, or the property owner
• would have a right to apply for a variance which wouldgo before
the Planning Commission and could come to the Council on an appeal.
0
Councilman Nichols: We are raising an issue that is implicit
in every activity that goes on in our
community in terms of occupancy. In our
zones we do have varying requirements for parking and there
undoubtedly are many situations that have dev61oped- that could
perhaps attempt to change usage and thereby find.: themselves
in a situation of . having inadequate parking. The only way we
can avoid the possibility of that type of problem would be to
require every use within a zone to provide the parking for the
maximum requirement within the zone for that type of use. That
would in turn work a very great hardship on rrAny types of businesses
that ate authorized'.within.-the zone. So J- think- we would., have to go on
the.basis.that the user knows what the requirements of the law are and
that the .burden,.will' remain upon him and' not the City -to try and. antici-
pate,some'.future use that might be illegsl..in terms1of the ordinance.
I think all.we can require is the correct amount of parking.for.the type
of.development..being proposed.
Motion by Councilman'Young, seconded by Councilman Lloyd, that the
requested Zone Application No. 461 be approved subject to the
conformance with all provisions of the Code. Motion carried on
roll call vote as follows:
Councilman Shearer: I have been threatening to do this for a long
time. I am going to vote "no" tonight. Perhaps
a symbolic "no"tofortify my feeling that on a hearing of this type,
the applicant should:at,least be present and state his ilnterest. Hope-
fully; there will not_ be. tiro other "no"votes. My 4I no " vote is..sort of
n a forewaring- in•:_the future to applicants to appear before the Council.
Councilman Nichols:
Councilman Young:
Councilman Lloyd:,
Mayor Chappell:
Yes.
I would like to support Councilman Shearer,
but in case Councilman Lloyd votes "no" I
will vote "yes".
I would agree with you Councilman Shearer,
I think they ought to be present, but I
will vote "Yes".
Yes, but we should encourage them to be here
Mr. Munsell.
Motion carried: AYES: 4 NOES: 1
Councilman Lloyd: Mr. Mayor, I think it might be in line as a
• policy of this body to inform Mr. Aiassa
that his staff might ask any applicant to please be present. I
feel we put in our time and our energies and I too am somewhat
offended that these people ask for this, they cry great tears and
then they don't show. If you wish I will put that in the form of a
motion?
Mayor Chappell: Do you really want to put it that tight?
Councilman Lloyd: Yes, Z think these people should be not only
forewarned but also informed that it might
- 16 -
•
C7
0
0
CITY COUNCIL 2/14/72
HEARINGS• ZC #461
Page Seventeen
be rather hard because the Council assumes if they are interested
in doing business in the City they should be present. I
recognize we can't tell them they have to be here but we can
certainly tell them it is a considered opinion of this body, if
indeed it is, that their presence be here so when we ask "are
you in the audience" the man can say "yes I am", which says to
me I am really interested in what I am doing. I don't think
these people are really interested at all.
Councilman Young:
to be present. I think
STREET VACATION
PORTION OF AZUSA
AVENUE
PROTEST HEARING
I am going to take issue with Councilman
Lloyd on that. I am willing to go along
with the policy of encouraging these people
that is the intent of Councilman Shearer.
Motion died for lack of a second.
LOCATION: Azusa Avenue south of Francisquito
Avenue.
Mayor Chappell: This is the time and date set for the
hearing of protests and objections set
this date by Resolution No. 4505 adopted
January 10, 1972. Council is asked to review the Engineer's
report. Madam City Clerk, do you have the affidavits of posting
and publication?
Lela Preston:
City Clerk
Yes, I do.
Motion by Councilman Young, seconded by Councilman Lloyd and carried,
to receive and file affidavits of posting and publication.
Mayor Chappell: Mr. Public Service Director, will you make a
statement regarding the public use of the
proposed vacation of a portion of Old
Azusa Avenue?
Mr. Fast: Yes,Mr. Mayor. You have attached to your
staff reportva sketch showing the proposed
vacation. The easterly 301 of Old Azusa
Avenue is proposed for vacation. The westerly 301 of Azusa
Avenue was vacated several years ago and the portion now being
vacated was retained so as to provide access to properties that
would have been denied acceso because of construction on Azusa Avenue,
southward. The easterly 301 of Old Azusa Avenue is no longer needed
for public right-of-way due..to.-"realignment of Azusa Avenue
southward. Also the Development of Tract 29126 which gives access
to public streets for those parcels of land originally located on
Old Azusa Avenue. The City has received communications from all
property owners affected requesting ithe vacation.
Mayor Chappell: Madam City Clerk, have you received any
written protests or objections against
the abandonment of a portion of this
street?
Lela Preston: No, I have not.
City Clerk
Mayor Chappell: Is there anyone in the audience who would
like to speak for or against the closing
of Old Azusa Avenue as described?
- 17 -
CITY COUNCIL 2/14/72 Page Eighteen
HEARINGS• ZC #461
Louis Brutocao: I am not protesting, I am in favor. I just
wanted to let you know I am here.
Mayor Chappell: Thank you, Mr. Brutocao. Did you want to
• say anything?
Mr. Brutocao: No, I concur with Mr. Fast. It should have
• been done years ago but it had to be kept
open for°the properties.
THERE BEING NO FURTHER PUBLIC TESTIMONY, PUBLIC HEARING CLOSED.
RESOLUTION NO. 4516 The City Attorney presented:
ADOPTED °'A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA ORDERING THE VACATION OF A
CERTAIN PORTION OF AZUSA AVENUE, SUBJECT TO
THE RESERVATION AND EXCEPTION OF CERTAIN
RIGHTS AND EASEMENTS."
Motion by Councilman Shearer, seconded by Councilman Young and
carried, to waive further reading of the body of said Resolution.
Motion by Councilman Shearer, seconded by Councilman Young, to
adopt said Resolution. Motion c:aWied on doll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
PUBLIC WORKS
PROJECT NO. SP-69004 LOCATION: Cameron Avenue, west of Barranca,
REQUEST adjacent to South Hills Country Club.
Mayor Chappell: Council is asked to review the Engineer's
report and take the following action:
Authorize the Engineering Department to
request that Los Angeles County include the unimproved section of
Cameron Avenue adjacent to the South Hills Country Club Golf Course
in the plans and specifications for the overall project on
Cameron Avenue.
Councilman Shearer moved that the staff
recommendation be approved. SE!conded by Councilman Young.
Mayor Chappell: Mr. Aiassa, wasn't there some money
appropriated by the County for this;
sometime previously?
Mr. Aiassa: We had reallocated some of our funds to
complete the portion in the City of
West Covina to complete the project.
Motion carried.
SAN BERNARDINO FREEWAY LOCATION: Various sanitary sewers
. WIDENING throughout the City.
Utilities Agrmnt . No . °7UT-4192
Mayor Chappell: We are asked to approve utilities agreement
with the State Division of Highway for
relocating the City°s sanitary sewers. We
do have an Engineer'swritten report.
Motion by Councilman Young, seconded by Councilman Lloyd and
carried, to approve Utilities Agreement No. 7Ut-4192, and authorize
the Mayor and City Clerk to execute same. Councilman Shearer
"abstained" from voting.
CITY COUNCIL 2/14/72
PUBLIC WORKS: Conted.
RESOLUTION NO. 4517
ADOPTED
AND HIGHWAY PURPOSES TO
THE RECORDATION THEREOF.
Page Nineteen
The City Attorney presented:
"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ACCEPTING A GRANT DEED
EXECUTED BY RAYMOND C. GOETT FOR STREET
BE KNOWN S ECKERMAN AVENUE AND DIRECTING
(Precis, Plan 609) . "
Motion by Councilman Shearer, seconded by Councilman Young and
carried, to waive further reading of the body of said Resolution.
Motion by Councilman Shearer,
adopt said Resolution. Motion
AYES: Councilmen:`_ Barer,
NOES: None
ABSENT,. .N®ne.
MAINTENANCE DISTRICT NO. 3
FORMATION OF ASSESSMENT
DISTRICT FOR MAINTENANCE
seconded by Councilman Young, to
carried on roll call vote as follows:
Nichols, Young, Lloyd, Chappell
LOCATION: Area southerly of
Maplegrove Street between Valinda
Avenue and Pass and Covina Road.
,(Council reviewed Engineer's report)
RESOLUTION NO. 4518 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA APPROVING MAP NO. MD-3 FOR .THE
FORMATION OF A MAINTENANCE DISTRICT IN THE
CITY OF WEST COVINA."
Motion by Councilman Young, seconded by Councilman .Shearer and
carried, to waive further reading of the body of said Resolution.
Councilman Lloyd: A question, Mr. Mayor. How much is this
oing to cost the residents that move in.
here, Mr. Aiassa?
Mr. Zimmerman: This is not to be activated at this time. It
City Engineer would'. only . be activated in the evernt ....
Councilman Lloyd: Excuse me for interrupting - when these
people move in,will it cost them any money?
Mr. Zimmerman:
RM
Motion by Councilman Shearer, seconded by Councilman Young, to adopt
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
RESOLUTION NO. 4519 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA DECLARING ITS INTENTION TO
FORM AN ASSESSMENT DISTRICT FOR THE
MAINTENANCE OF OPEN SPACES AND APPURTENANT FACILITIES DEDICATED.TO....,
THE.. CITY'" AND.'.LOCATED WITHIN THE BOUNDARY OF THE TERRITORY INCLUDED _
IN.MAP NO. MD®3M.'(SET DATE OF PROTEST HEARING FOR MARCH 13, 1972)
Motion by Councilman Young, seconded by Councilman Shearer and
carried, to waive further reading of the body of said Resolution.
Motion by Councilman Shearer, seconded by Councilman Young, to adopt
said Resolution. Motion carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
- 19
CITY COUNCIL 2/14/72
PUBLIC WORKS: Cont"d.
Page Twenty
AUTHORIZATION TO PROCEED WITH LOCATI.ON: Orange and Merced Avenues.
BIDS FOR THE CONSTRUCTION OF
A SOMBRA AREA AT W.C. MUNICIPAL
POOL
• Mayor Chappell: We have a written report from the
. Recreation and Parks Department and we are
asked to approve the transferring of monies
from Galster Park accounts in the amount of $14,t00 and approve
plans and specifications transmitted herewith and authorize the
Recreation and Parks Department to call for bids.,
Councilman Lloyd: Mr. Aiassa, haven't we already approved this?
This is really not a negotiable item. It
seems like I keep hearing about this Sombra
Area and here we are talking about spending $14,5OO4Didm°t we have it
in the budget?
Mr. Fast: Mr. Mayor and members of Council, you have
redirected the matter of the expenditure of
capital funds in the Recreation and Parks
Department, specifically the Parks Department allocation,back to the
Recreation and Parks Commission for their recommendationsto you.
These recommendations did come back to you. That was twice you
heard it, and you have from time to time now been approving the
various items as they come before you for approval to go to bid.
This is why you seem to keep hearing the items, .This is the
second item you have heard, later on there will be a third item,
but they have all gone back to the Recreation & Park Commission
for their review and recommendation and then come back to you
with their recommendations.
Mr. Aiassa: Also last year we put the footings in for
the Sombra area because we couldn't afford
to put in the complete unit, and we then
advised Council that in the 171-172 budget we were going to try
and finish the Sombra.
Councilman Lloyd: Question. What would happen if we don't
do this right now?
Mr. Aiassa: We wouldn't have another summer .use of
that area. I was there last summer
and there is a great expanse of concrete
and it is hot. This could also be sheltered for swim meets, etc.
Motion by Councilman Young, seconded by Councilman Shearer, to
approve the transferring of monies from Galster Park accounts in
the amount of $14, 500 ; and to approve the plans and specifications
transmitted herewith and authorize the Recreation and Park Depart-
ment to call for bids. Motion carrie4, on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
Mr. Aiassa:
Mr. Mayor, a further comment.
At the time
we originally built the
pool we
deleted
•
this portion because we
didn't
want it
as part of the general
contract but it was part
of the
Masted Plan
• and by doing it this way we did,save several thousands
of .dollars.
RECREATION & PARK
Summary of Action, Jan.
25, 1972.
(Receive
COMMISSION
and file)
Summary of Action, Feb.
7, 1972.
(Adj. Mtg.)
(Receive and file)
Mayor Chappell: We also have a request from the Commission
- 20 -
CITY COUNCIL 2/14/72
RECREATION & PARK COMMISSION - Cont°.d.
Page Twenty-one
for authorization for four Recreation and Park Commissioners to
attend the California Park and Recreation Society Conference at
$150. each.
Motion by Councilman -Young, seconded by Councilman Lloyd and
carried, to receive and file summary of action dated January 25, 1972.
Motion by Councilman Young, seconded by Councilman Lloyd, to receive
and file summary of action dated February 7, 1972.
Councilman Shearer: Question. Does receive and file in this
case approve the item included in the
summary of action asking that we grant
approval of a certain amount of construction on city property?
Mr. Wakefield: It does not constitute approval of the
item. If you wish to approve the item
then you would "accept and file" the
minutes and the summary of action.
Councilman Shearer: My only concern is that the thing doesn't
get lost. If you receive and file and it
doesn't constitute approval then in that
case it has to come before us again. What was the intent of the
Recreation and Parks Commission in whatever action they may have
taken on the'7th of February?
Mr. Fast: The intent of the Recreation and Parks
Commission was that Council would give
approval for the construction of
permanent bleachers. The action on your agenda should have been
to "accept and file".
Mayor Chappell: We have a motion before us to receive and
file?
Motion failed, all voting "no".
Motion by Councilman Shearer, seconded by Councilman Young,,to
accept and file the summary of action of February 7, 1972, of the
Recreation and Parks Commission.
Councilman Young: I take it the matter of cost, design,
layout, space, etc., was.all reviewed by
the Recreation and Parks Commission and
approved by that Commission?
Mr. Fast: Yes and it must also pass through the
Building Department.
Councilman Shearer: Just to make sure no one misunderstands,
This is the normal construction as any
Little League would do and funded by the
Little League, and not the City.
Mr. Aiassa: :Yes, that is correct. Except once in
awhile there is a request to help.
Mayor Chappell:. And in this instance there is no request
for help at this time.
Motion carried.
Councilman Young: I would like to say that I happen to be a
founding father of this organization.
It sure is good to'see the great progress
the girls are making in softball.
Mayor Chappell: Probably the fastest growing league that
exists among girls in SouthernCalifornia.
21 -
CITY COUNCIL 2/14/72 Page Twenty-two
RECREATION & PARK COMMISSION - Cont'd.
You are to be commended for your founding fatherhood.
Mayor Chappell: We still need action on Item 3.
• Motion by Councilman Lloyd, seconded by Councilman Young, to
approve the request of the Recreation and Parks Commission to send
• four Commissioners to attend the California Park and Recreation
Society Conference at $150.00 for each .Commissioner attending.
Motion carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
Bob Welch Last month I was here and gave you one
407 No. Astell thousand names on a petition to retain
West Covina the Holiday'-Saardust .Bowl.. I::am-hLare
this month to hand you 600 more signatures
on this petition. Thank you.
Mayor Chappell: You are going to say again "not necessarily
for this. location"?
Mr. Welch: That is correct. We are for the
redevelopment project.
Mayor Chappell: Thank you, it sounds like you have been very
busy.
James Kaelin I am here for the same reason, to hand in
611 So. St. Malo 310 signatures to the same petition of
West Covina, Junior Bowlers using the Holiday' -Stardust Bowl
in the ages of 6 to 18 years. Also
including some of the students that go to the mentally retarded
and physically handicapped school that bowl there on Friday and
Monday afternoons.
Mayor Chappell: Fine. It certainly sounds like you have
been very, very busy. Thank you.
Mrs. Bert Bergman Gentlemen, after 3 ,years of sitting at
426 So. Leaf Avenue Budget Sessions while you were studying
West Covina budgets, and seeing the amount allocated
for the Sombra Area eliminated because of
other priorities and hearing at the first part of tonight's
meeting the very fact that this City is running under a stringent
budget I find it very questionable to authorize this amount that
was authorized under Item 5 of Public Works for $14,500 for the
purpose of sheltering some people because "its hot The shelter
that is proposed does not.actually have a part of the conduct of
the swimmers,, :It is for people that watch the swimmers, and I
think the City is hurting a little bit too much to continue to
make that type of expenditure. At the last Council meeting there
• was some discussion about the West Covina Symphony Orchestra and
the number of people with regard to the expenditure indicating
how many were served for how much money spent. • .There wasn't any
further discussion on this tonight. I am sure that Budget Sessions
this year will again reflect the fact that public safety needs
to be cut over requests for other things that are vital to this
City. Now there is every possibility that since this was Galster
Park fund,. money that there will be some indication it can.only
be used for parks. The services to the public in West Covina.
of $14,500 can with a little bit of searching be much better
directed to serve the greater number of people. I would:ask that
'the Council continue to figure where the money can best be spent
for the most efficiency. - 22 -
CITY COUNCIL 2/14/72 Page Twenty-three
ORAL COMMUNICATIONS- Cont'd.
Councilman Nichols: Mr. Mayor, if I might respond on that
particular item. That is, Mrs. Bergman,
from the park tax. It was reviewed by
the Recreation and Park Commission and re -reviewed. It was
• deleted for two previous years from the budget. The Recreation
and Parks Commission did review all aspects of where the money
• might well be spent and they are the appointed arms of the Council
and the Commission did in fact, I believe, unanimously conclude
after careful review that was the best place to expend these particular
funds and the Council I don't believe acted precipitously or rashly
in reinstituting these funds for this particular direction. If,
as Councilman Lloyd: indicated earlier, there was the option to
hold ,these funds and use somewhere in the General Fund 9m.9 T_think the Coun®
cil might.lhave'. reacted :differently:' Tkie .�2: 000' figure'= thae, find 'beeri`ment oried. earlier
for the: Chamber ..Pf. Commerce ..would., iri fac:t,'be. Genefal_Fund money andl.wou.ld .have 'to
be removed from existing accounts. I think everyone in the
community rightfully has their own opinion as to where dollars
best be spent; however, there ,are many hundreds of people that do
participate in the swimming program and who would, I think, feel
that the expenditure of those monies was a wise expenditure. It is
a debathble issue but,I do feel that I should not leave the
possible unintentional impression that the Council acted hastily
or that the Recreation and Parks Commission didn't deliberate long
and..hakd before finally recommending that these particular monies
be redirected within that budget for this purpose. I think I would
reiterate my conclusion that it was probably as proper an
expenditure as we could Take this year taking all things into con-
sideration.
Councilman Lloyd: ,I would like to tell Councilman Nichols
I concur.
Councilman Shearer: I would like to point out,that the $14,500
that was tentatively authorized subject to
the submission of bids not only included' -the
Sombra Area but an item of $3,000 for the completion of the additional
landscaping in the area of the pool. So there was more than the
Sombra itself.in,that particular item.
Harvard Helen I am the owner and operator of Veteran's
11259 Virginia Addressing Service and I presently have a
Lynwood letter before the City to address the entire
City. This is with regard to painting
numbers by glass beading in front of residences in the City -
R-1's and R-21s. I have been in this business for 15 years and
have worked in possibly 40 to 50 communities including this one
in 1961 or 15.62 when I did the entire City and in 1965 I did about
half of it. The curb numbering is glass beads so it reflects
at night and it lasts about three times longer than a stenciled
job. In comparing to your freeways, the only ones you can see at
night are the glass bead ones, and that is the same as my ,curb
signing. In the last 4 years I have done about 20 cities, four of
which are in the San Gabriel Valley and.:are City financed:
Arcadia, San Marino, Alhambra and Monterey Park. Alhambra I have
done four times. There are other cities which I do under the
. donation basis in this valley - .San Gabriel, El Monte, and many
other ones but further away. I would like the Council to consider
this done on a City financed basis for the reason it is done on
• City property and if you are going to do it at all every residence
in the City should be done and then it is definitely a City function.
Also it can be done cheaper than done on a donation basis. I have
found in this community itoshould average about 85e, a house whereas
if done under a City financed contract the cost would be about 50e,
a house. If there are any questions I would be happy to answer.
Councilman Nichols: I believe this request did come before
Council and was referred to staff.
- 23 -
CITY COUNCIL 2/14/72'
Page Twenty-four
ORAL COMMUNICATIONS
- Cont'd.
Mr. Aiassa:
It has been
referred to the Youth Advisory
Commission
and they definitely,
s
seriously want
to engage in the program.
Councilman Nichols:
So in any event
there will be a report
•
coming back
to the Council and until then we.
wouldn't be
in a position to respond.
Mayor Chappell:
We do thank
you for your presentation.
Mr. Helen:
was here
at the last three council
meetings so
I know the disposition. I would
say,if it is
to be done on a citywide basis
with 10,000 curbs to
be numbered it
would take 500 man hours.
And it is doubtful
if the kids could perform on,that type of a
program or do it as
well.
Mayor Chappell: We will be getting a recommendation from our
City Manager on this and we thank you for
coming out.
CITY ATTORNEY
ORDINANCE NO. 1184 The City Attorney presented:
ADOPTED "AN ORDINANCE OF,THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING THE WEST
COVINA MUNICIPAL CODE SO AS TO REZONE
CERTAIN PREMISES. (Zone Change Application No. 457 - Thomas W. Ellis.)"
Motion by Councilman Young, seconded by Councilman Shearer and
carried, to waive full reading of the body of said O.rdinance__
Motion by Councilman Shearer, seconded by Councilman Lloyd�;.to adopt
said Ordinance... Motion carried on roll call vote as follows:
AYES: Court-ailmen: Shearer, Nichols, Young, Lloyd,, Chappell
NOES: None
ABSENT: None
ORDINANCE NO.,1185 The City Attorney presented:
ADOPTED "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA AMENDING SECTION 3191
OF THE WEST COVINA MUNICIPAL CODE RELATING
TO A DECREASE IN MAXIMUM SPEED LIMITS. (Gemini Street and Giano
Avenue.)"
Motion by Councilman Lloyd, seconded by Councilman Young and
carried to waive full reading of the body of said Ordinance.
Motion by Councilman Lloyd, seconded by Councilman Young, to adopt
said Ordinance. Motion carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
• ORDINANCE NO. 1186 Mr. Wakefield: Mr. Mayor and members of
ADOPTED Council, this is an
urgency ordinance based
on the recommendation of the Planning Commission and the staff
report which was on your age-da earlier this evening.
"AN ORDINANCE-:DF THE CITY COUNCIL DF THE
"4QF WEST LOILIN PROHIBITING --THE ISSUANCE OF' BUILDING PERMITS
FOR THE CONSTRUCTION.OF SINGLE FAMILY.'RESIDENCES WITHIN THAT._PORTION
OF THE CITY.OF.WEST COVINA ANNEXED TO THE CITY AS WEST COVINA
SOUTHERLY ANNEXATION DISTRICT NO. 213 PENDING COMPLETION OF A ZONING
STUDY OF THE AREA AND DECLARING THE URGENCY THEREOF'TO TAKE EFFECT
IMMEDIATELY®"
- 24 -
CITY COUNCIL 2/14/72 Page Twenty-five
CITY ATTORNEY: ORDINANCE NO. 1186
The effect of the Ordinance will be to
suspend the issuance of building permits in the Villas area for
a period of 90 days from this date pending the completion of
the zoning studies by the Planning Commission and an ultimate
recommendation for either a change in the zoning or the revisions
of the standards which are currently applicable within the area.
When the area came into the City it came in with the zoning
• established by the County of Los Angeles and it was in Zone R-1,
20,000, which in the opinion of the staff and Planning Commission -
does not equal the standards of;the previous developments within
the area.
Motion by Councilman Young, seconded by Councilman Lloyd and
carried to waive full reading of the body of said Ordinance.
Motion by Councilman Young, seconded by Councilman Lloyd, to adopt
said Ordinance.
Councilman Young: I hove a question. Is there anybody in the
audience that is particularly interested in
this.Ordinance? (no one)
Councilman Nichols: There is some question in my mind as to
whether it is a proper course to
freeze all development in the. Villas
area for 90 days. I don't see any inferior construction in the
Villas. I don't really recognize that.20,000 square feet is an
inferior lot size. I,would like to know more about the basis for
this recommendation to freeze all development in this area. What,.
is the urgency requirement?
Mr. Munsell: Staff moved to initiate appropriate zoning
on this Parcel.As Council is aware at
time of &nnexation unless action to zone
or prezoning is taken the County zoning that was on the land before
.annexation remains on the land until such time as the City should decide tD
change it. The current zoning is R-1 20,000 and an analysis.of the
lots in this particular area indicate that somewhere in the
neighborhood of 40% of the lots are substandard to the R-1 20,000
requirements. So that somewhere in the subdivision of the land
the County has allowed probably an averaging of the lots so within
the number of that subdivision they all average somewhere in the
neighborhood of 20,000. The Planning Commission felt very strongly
that since there has .been a change of owner of the Villas'property
and since the development on the land is substantially.higher than
the minimum county requirements on the R-1 20,000 that the most
appropriate City of West Covina zone should be placed on the land
so that we might have assurance that those property owners who
have now purchased very expensive homes will not suffer the
plight that sometimes happens when a new developer comes in
and might take advantage of it by building lesser units.
The developer in response to a staff inquiry
has indicated to staff he is doing a study that will take at.least
90 days to determine as to how best to approach the completion of
the .Villas development which indicates to staff and strongly to the
Planning Commission that the developer is looking for:.a solution to
the problem and the Planning Commission felt it would be most
• appropriate to give him time to look for it, which is the 90 days
he has asked for. And since the Commission had expressed concern
to staff to initiate these discussions to assure that these property
owners that now reside here will be protected,it was determined that
this Urgency Ordinance be initiated to control whatever might
happen in the interim to make sure it is within the best interests
of those people living in the area.
Councilman Nichols: My question has been answered more to my
satisfaction than I remotely dreamed was
possible. - 25 -
CITY COUNCIL 2/14/72 Page Twenty-six
CITY ATTORNEY: Ordinance No. 1186
I certainly concur in the recommendation.
Motion carried on roll call vote as follows:
AYES: Councilmen Shearer, Nichols, Young, Lloyd, Chappell
• NOES: None
ABSENT: None
Mr. Wakefield: Mr. Mayor and members of Council, the next
item is incorrectly set forth on the
agenda. The Urgency Ordinance which was
adopted with reference to the use of property along the
freeway and its frontage roads will expire on February 20, 1972.
The Planning Commission and the staff have recommended that the
Ordinance be further extended_: 'In..ordet •to ,accoinplish. this it will
be necessary to set the matter for hearing and to publish notice.
If the notice could be published by next Thursday then the matter
could be set for hearing on February 28. You might inquire of the
City Clerk whether or not that is possible. It is relatively a
simple notice and I think the planning staff has prepared the form of
notice.
Lela Preston: If a short notice,I will call the,paper
City Clerk in the morning and I think we can probably
get it in.
Mr. Wakefield: If that is. true .then it would be in order
for the Council to set the matte. of. tine ekbmnsion of
the existing urgency_ ordinance restricting the
use of property along the San Bernardino Freeway for single family
residential use for a hearing on February 28, 1972, at 8 o'clock.
So moved by Councilman Young, seconded by
Councilman Shearer and carried.
RESOLUTION NO. 4520 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY,COUNCIL OF THE
CITY OF WEST COVINA AMENDING CERTAIN
PROVISIONS OF RESOLUTION NO. 1277 RELATING
TO AUTHORIZED POSITIONS AND SALARIES (Criminalist)."
Motion by Councilman Young, seconded by Mayor Chappell and carried.,
to waive the full reading of the body of said Resolution.
Motion by Councilman Young, seconded by Councilman Nichols, to adopt
said Resolution. Motion carried on roil call vote as follows:
AYES: Councilmen: Shearer® Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
RESOLUTION NO. 4521 The City Attorney presented:
ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA APPROVING AN AGREEMENT
BETWEEN THE .DEPARTMENT OF FINANCE OF THE
STATE OF CALIFORNIA AND THE CITY,OF WEST COVINA FOR A POPULATION
ESTIMATE."
Motion by Councilman Young, seconded by Mayor Chappell 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
- 26
CITY COUNCIL 2/14/72
CITY ATTORNEY - Cont'd.
Page Twenty-seven
ORDINANCE RE. FLAGS Mr. Wakefield: Mr. Mayor, I have one
& BANNERS additional item. When we
were re-examining the
provisions of our Sign Ordinance with reference to the flying of
• the Nazi banner -..across the street 1t became apparent that our
Ordinance really should be strengthened to spell out the fact that
• flags are specifically regulated along with signs and banners and
that flags, whether they are for identification, advertising, or
whatever purpose, must comply with the same basic requirements as
are applicable to signs. If the City Council so desires, I have
prepared an Urgency Ordinance which would amend paragraph Q of
Section-:840Q of the Municipal Code to simply redeft ne signs as
designated in our code and to specifically provide that flags,
other than the flags of the United States of America, the State of
California, or the City, are included within the regulations
contained within that ordinance.
Councilman Young: The only question I have,(I am all in
favor of strengthening the ordinance to any
extent we can), have you looked into the
constitutional issue.of where we 'are dealing with an organization
that is essentially political in its nature as opposed to an
organization or enterprise that is essentially commercial? For
example, if the Democrats or Republicans,opened headquarters
and they wanted to fly a Donkey flag or an Elephant flag, could
we regulate that constitutionally?
Mr. Wakefield: Yes, Councilman Young,,I think we have that
power so long -as the regulation is uniform.
In other words the regulation which is
imposed applies to every banner regardless if it is flown by a
political party or a business establishment, or for that matter
any other organized group within the community and to that extent
I do believe we h-ave the power to regulate. As you will recall the
City Council adopted several years ago some special provisions
with respect to the regulation of so-called political signs.
Signs that are customarily posted in connection with political
campaigns, but again we found that there was a need for a different
kind of regulation than applied to ordinary commercial signs and
we have adopted an ordinance which sets up standards and controls
the erection and removal of such signs and I think this is within
the scope of the.same police power authority of the City.
Councilman Shearer: Mr. Wakefield, you specifically listed
three flags that were not covered: the
flag of the United States, the State of
California, and the City flag, and I didn't really realize we
had one, but would this prohibit a situation that might occur
flying for instance the Mexican flag in a proper manner as they do
sometimes in downtown Los Angeles on certain occasions? For
instance a Sister City event. Would it prohibit or create a
problem in flying that flag? Or say friends come over from
Germany and we might want to display in a proper manner in the
necessary protocol, etc., would this present a problem?
9 Mr. Wakefield:
is have referred to. The
out of doors, it does
wit#iin a building, but
flags of Mexico or any
The ordinance as proposed would regulate
and would be applicable to the flying of
flags under the circumstances which you
ordinance relates to flags which are flown
not control the display of flags or banners
it would regulate the outdoor display ;of
other foreign country for that matter.
Councilman Shearer: You use the term "regulate" - does that
mean ' "-pr6hibits" ?''. Say if we wanted to
fly the Mexican flag on one of our poles outside of City Hall here -
again in the proper manner-7 would it prohibit that?
- 27 -
•
•
CITY COUNCIL 2/14/72 Page Twenty-eight
CITY ATTORNEY: Ordinance re Flags & Banners
Mr. Wakefield: No sir,it would not prohibit that.
Mayor Chappell: Would it prohibit the Little League flying
their Championship Flag or the American
Legion from flying their flag if they won
the World Series?
Mr. Wakefield:
Yes, it would.
Mr. Aiassa: How about the Toluca flag?
Mr. Wakefield: The same thing would apply.
Councilman Nichols: I think this is a little bit tenuous really.
I would, for myself, not want to rush into
an ordinance that might outlaw "motherhood"
or something.
Councilman Shearer: I think we could put up with the unpleasant
situation which we have now and give a
little more thought to perhaps working with
some of the problems and come back in two weeks. Two weeks is
not going to make that much difference.
Mayor Chappell: Yes, I think this should have a little more
thought.
Mr. Aiassa: This is one reason why it wasn't on the
agenda - Mr. Wakefield wanted to test the
wags and I think he tested it.
Mayor Chappell: Let's not put Mr. Wakefield on the spot.
Mr. Wakefield: As you know I am not sensitive about things
like this. You are the people that I work
for.
Councilman Young: The object .is from ..the Council°s.'.comm®nts to this
point., is that we don't want to throw out
the "baby with the bath water" on the one
hand and on the other hand how bad would it bet'o pass this
ordinance immediately and then come back in two weeks or at such
time as appropriate to make the refinements that would give us the
desirable fle*ibility for these functions that have been brought
up here? Like Sister City celebrations, etc.
Mr. Aiassa: Mr. Mayor, I didn't give it as a pooh-pooh
but I think the staff has not reviewed
all the ramifications of this matter and
I would like to recommend to Council that this matter be referred
back to staff to work with the City Attorney and see if we can
resolve the language in such a manner so we can permit certain
designated flags and clarify it. We are the ones that have'to
administrate it and go to the District Attorney°s office for a
citation, so I would like to recommend that we carry it over to
February 28, 1972; and study it further.
Councilman Young: My question is answered, Mr. Mayor.
Councilman Lloyd: Mr. Mayor - I don't quite understand - -
doesn°t the City Attorney have it.' -in hand at
the present moment and just because we
don't do anything with the ordinance right now.- down°.t-he,.have:.it
in hand?
Mr. Wakefield: Yes,the draft of the ordinance is prepared.
I think I sense the feeling of the City
- 28 -
CITY COUNCIL 2/14/72 Page Twenty-nine
CITY ATTORNEY: Ordinance re Flags & Banners
Council with reference to it and I will be glad to re -review it
with staff and see if,we can bring back a more acceptable version
of a draft of the ordinance at your next meeting.
• Councilman Lloyd: Mr. Wakefield, I don't mean to belabor
the point -the hour is getting late, but
isn't this really a legal question that
we are discussing? I understand Mr. Aiassa wants it to come to
the staff, but my question is - why?
Mr. Aiassa: Because we administrate it.
Councilman Lloyd: But isn't it a legal question?
Mr. Aiassa: What he is doing is revamping the existing
Sign Ordinance in relation to the problem
we have on the north side.of the street
and as Council has delved into it it has a far more reaching aspect
than just - this one particular issue and I frankl)Z feel if we are
going into it we might as well cover all-baslesi-3rather than covering
just one particular problem now and then having to come back and
amend it.
Councilman Nichols: Any ordinance the Council would enact on an
Urgency basis that would have elements
that could not be enforced within it
wouldn't be very beneficial to us. The sole vie of an urgency
ordinance would be to give the staff authority to cite under that
ordinance immediately and if the citation issuance was under an
ordinance that for any reason was legally tenuous we would be• right
back where we were some moments back when discussing citing people
and later finding their gaining publicity..in the courts. I think
it would behoove all of us to act in such a fashion that we -can
live with it ever after tonight and that when we do adopt an
ordinance it is one that we don't have -to come back two or three
weeks later and amend. It is better to wait a week or two and
look at it carefully and,be on absolute sound ground when enacted.
(Mayor Chappell in discussion with the City Attorney determined
no further action was needed at this time on this item.).
THE CHAIR CALLED A RECESS AT 9:55 P.M. COUNCIL RECONVENED AT
10:06 P.M.
Mr. Wakefield: Mr. Mayor and members of Council,
a recess is in order so that Council
might convene to a Community Redevelopment
Agency meeting at this time.
MAYOR CHAPPELL RECESSED COUNCIL MEETING AT 10:06 P.M. COUNCIL
RECONVENED AT 10:16 P.M.
CITY MANAGER
REQUEST FOR STOP SIGN Mr. Aiassa: Council has received a staff
AT HOLLENBECK STREET report and the reason this
• AND MERCED AVENUE matter is coming up is we are
in the process of annexing
this territory and. it is p.art,.of the original. Villas, and Mr. Glenn Smith
has been a proponent of this area and he feels •there is a
possibility of getting a 100/ sign-up and the matter of this stop
sign has been up for discussion for sometime. The street that
comes into Merced was built in the County and:is not of the same
width as the city street. Also there would be a requirement that
a 4-way stop sign be put in and one portion of this sign would have
to have County approval. Our recommendation is predicated that if this
property is annexed to the City the Council can b�i-its own action
install the stop signs even though there is a small deviation from
- 29 -
CITY COUNCIL 2/14,/72 Page Thirty
CITY MGR.: Re Stop Signs Hollenbeck & Merced
our standard requirements. This matter has been before Council
since March, 1967.
Councilman Young: Mr. Aiassa - this recommendation isn't
real:. clear. It looks like it is kind of
a statement where the Council would be
• passing a motion of intent - if we make an annexation - if the
stop signs are needed can't we just pass the motion here
recommending that they be installed and staff take the necessary
steps with the County to bring it about?
Mr. Aiassa: The concern we are faced with here is if
we go to the County and they use their basic
criteria it will be a negative turndown.
Councilman Young: But the County precedent is somewhat
established at Sentous in the Galaxie Tract.
They went along with the City because we
asked for it.
Mr. Aiassa: Well,we used"Brownie"points.
Councilman Young: Can't we use them again?
Mr. , Aiassa: I would rather annex:At arid.. just "use.'.City
"Brownie" points.
Councilman Young: Well,why don't we annex it and then consider
that?
Mr. Aiassa: The only point is that if we want to try
for i00/ sign-up Mr. Wong is very concerned
about this stop sign and I think he has
an emotional feeling about it. He has written a letter about it
previously and he continually talks about it'. We talked to the
representative for the annexation and he feels if we would work
with Mr. Wong and try and provide the 4-way stop sign this would
give him a positive assurance of an annexation.
Councilman Young: I would move that the City take all feasible
steps as promptly as possible to bring about
the installation of a 4-way stop sign at
Hollenbeck and Merced.
Councilman Nichols: I will second the motion. And I have a
comment. This having come before the
Council three or four times in the past
and having been negatively answered,in terms of staff recommendation
it is a little bit difficult to understand the logic now. I
suppose what we are really doing is bargaining a'stop sign for an
annexation, which is rarely done. I think it is the first time in
my memory that we have done that. The embarrassing thing is that
several very close friends of mine have been grinding on�me,for years
to put a stop sign there and I keep coming back and saying - very
sorry I talked to the City and the warrants just don't justify it.
• They are going to say to me now that Iwas too stupid to not to
recommend to them that they offer to annex for the stop sign. So I
feel I am kind of getting laid ihto the act here. -This is a bit
• of political skill that I never recognized at City Hall before tonight.
I really'do believe that there should be a stop sign there but I
consider this recommendation a real sidewa;§_ step into it. It is
recommending that the City Council reconsider this matter and the
timing of any future installation, etc. It doesn't even recommend
that we put one in. '
Mayor Chappell: But that isn't what the motion is.
(Mayor Chappell asked that the motion be
read. Motion read.)
- 3b -
CITY COUNCIL 2/14/72 Page Thirty-one
CITY MGR�.: Re Stop Sign at Hollenbeck & Merced
Councilman Shearer: A question. The present stop sign is
where?
Mr. Aiassa: On Merced. It stops Merced but not
Hollenbeck.
Councilman Shearer: Does it stop the piece that is in the County?
Mr. AiAssa: Yes. It is an oddball situation because
that cul-de-sac street was put in and some
very expensive homes were built but
because of the excavation of the slope areas were _so great they
narrowed the street width. We protested it but they showed us
their engineering statistics saying that they couldn't cut anymore
of the slope to make the street wider and that is why we have kind
of an oddball street coming into Merced.
Councilman Nichols: Mr. Mayor, one question. Then I gather
the intent of this motion is to have staff
contact the County to seek their cooperation
and put in stop signs? Is that correct?
Mayor Chappell: Yes.
Councilman Young: Well the intent of the motion is to
facilitate getting a stop sign in there as
quickly as it is feasible. If the
feasibility, is by annexing to get stop signs in there, that is
fine. And if the feasibility is dictating getting the County to
go along with it - that is fine. I°d just as soon have the County
go along because they probably would pay for part of it. But the
effort is that staff work with everybody and get the stop signs,
get the annexation, and make.everybody happy.
Councilman Nichols: I think the Mayor has heard enough from me
.on this subject but it is fascinating.
Mr. Aiassa: Mr. Nichols, -would it help if we contacted
these people and said that you worked
diligently and hard to try and get the
stop sign in?
Councilman Nichols: I could use that, yes.
Motion carried.
LEAGUE OF CALIFORNIA Motion by Councilman Nichols, seconded by
CITIES, SPRING CITY Councilman Lloyd, to ht:.Autthariza ion
MANAGERS, CONFERENCE to the City Manager to attend the League
of California Cities, Spring City Managers,
Conference March 8 through March 10 in
.Coronado, and that $150.00 in maximum expenses be allowed.
Motion carried on roll call vote as follows:
• AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
• TED BLOCK, Mr. Aiassa: This is the item that Council
DATSUN AGENCY SIGN received complaints on relative
COMPLAINT to the signs and our Planning Director and
his staff have made a report to the City
Manager and the City Council. You have a copy of the staff report.
And you'are now talking about flags' and banners and they are going
to fly white... flags- with one red dot, which is the Japanese
flag, advertising the Datsun,_ - so we are coming up with another
- 31
CITY COUNCIL 2/14/72
CITY MGR.: Datsun Agency Sign
Page Thirty-two
problem. This report is on the lighting that caused the complaints.
We followed it up to see what could be done and if Mr. Munsell has
anything orally to add since the report was written?
Mr. Munsell: Yes, Mr. City Manager. The owner of the
Datsun Agency called staff today and
indicated that a substantial modification
has been done to the lighting and we have set up a meeting with
him tomorrow night to review it and see if it is solved. We
are continuing in our efforts to try and work that one out.
Mr. Aiassa:
Mayor Chappell:
Councilman Young:
Mr. Aiassa:
WILLIAMS & MOCINE
STATEMENT
AYES: Councilmen:
NOES: None
ABSENT: None
Would Council want us to notify
Mr. & Mrs. Pasonick?
I'would think they probably would be there
tomorrow night - hasn't staff notified
them of the progress being made?
Does Council have to participate in whether
or not they will be there - isfi't this
an administrative function?
Yes, the only thing is we wanted you to be
notified. We will do it administratively.
Motion by Councilman Lloyd, seconded by
Councilman Young, to pay Williams & Mocine
statement dated January 31, 1972, in the
amount of $1270. Motion carried on roll
call vote as follows:
Shearer, Nichols, Young, Lloyd, Chappell
CHAMBER OF COMMERCE Mr. Aiassa: Council has a written report
REPORT re COUNTY FAIR on this, and we also have
EXHIBIT the Chamber Manager present.
Mayor Chappell: This report looks pretty adequate.
Motion by Councilman Shearer, seconded by Councilman Young and
carried, to receive and file.
PERMISSION TO CONTACT
CORPS OF ENGINEERS RE
B.K.K. MAVERICK BALLPARK
TO CONTACT LOS ANGELES
COUNTY FIRE SERVICE re
B.K.K. MAVERICK BALLPARK
be done without any cost to
Mr. Aiassa: The reason we ask
permission of
Council is this will
give us official
sanction to request
the free help for the grading of
the ballpark area and this will
the City.
Mayor Chappell: Are you talking about the Army Reserve
Engineers?
Mr. Aiassa: Yos.
Councilman Shearer: I would like to add to that permission if
these people are not available to contact
the Navy Seabees, because they also do
the same type of work, and I so move.
Seconded by Councilman Young and carried.
Councilman Lloyd: One further question, Mr. Mayor. Mr, Aiassa,
there is -no exchange :-Cf funds involved?
Mr. Aiassa: No, this will be done gratis.
- 32 -
CITY COUNCIL 2/14/72 Page Thirty-three
CITY MGR.: Cont'd.
EXECUTION OF LEASE Mr. Aiassa: Council has received a staff
AGREEMENT FOR PATROL report and Mr. Eliot is here
VEHICLES to answer any questions.
We were able to receive. bids
• from only two companies that would providea one-year maintenance
contract: Nisei' Leasing Corporation and Roberts Rambler, Inc.
Nisei Leasing Corporation is the company we now have and they
have raised our lease because the cost has not only gone up on the
vehicles but the cost of maintenance went up. In future years it
may become mandatory.for the City to go into the purchasing of
their own �r hicles but we.are trying to avoid it for one more year
if we can. (Read excerpts of the report.)
Councilman Young: I am glad to see the addition of air
conditioning in this proposal.
Mr. Aiassa: You are right and it also means that the
Executives will be driving last year's model.
Councilman Shearer: That is sad. I.am going to be doing the
same thing.
Mr. Aiassa: We are giving the detectives the two air
conditioned cars. The reason behind this and
the sole purpose that :^`_I "aiii tr, .ying to be
generous to the Detective Divisi-on is that if we do go into a
formalized program of buying permanent police cars the two new ones
to the detectives will be transferred back into the fleet for
operation vehicle control.
Mayor Chappell: They have a sales tax built into this and I
thought we were exempt from that?
Mr. Aiassa: No we are not.
Councilman Lloyd: Mr. Aiassa, one of the things.I note is
we continually go outside of the City
to do business in this area and in doing
that obviously we don't appear on the sales tax or the business license.
I realize that the quote is considerably lower but they are not of
West Covina. You have them listed from West Covina but their
contract is Inglewood.
Mr. Aiassa: What happened is when Haefner sold,the
leasing portion was sold to Nisei and
that was originally owned and operated by
Mr. Haefner's son. The father ran the Majestic Automobile
Agency and when sold it was divided and that,is how we happened
to come into an outside leasing outfit.
Councilman Young: The only question I have is was every
opportunity given - and I do see a lot
of them listed here, but does that include
all of the automobile people?
• Mr. Aiassa-: Yes, we contacted everyone within a radius
of at least 15 to 20 miles. Any agencies
• farther than that the time lost taking
vehicles to and from for servicing would probably consume manhours,
etc.- that_.eiceee.ds 4riything-.we,m�ght .save.
Councilman Lloyd: Where is the Nisei Leasing Company going
to service us?
Mr. Aiassa: Right here in West Covina on Azusa Avenue.
They have an office there.. Actually the
i - 33 -
CITY COUNCIL 2/14/72 Page Thirty-four
CITY MGR.: Lease Agreement for Patrol Vehicles
cars that we are leasing are sold by Majestic to the leasing people.
This is why we were able to reduce the leasing cost because
Mr. Ingram representing Majestic took $30.00 off the car price he
is selling to the leasing firm and that gave him an opportunity to
• reduce his price.
Councilman Lloyd: In other words the sales tax is in West
Covina.
Mr. Aiassa: That's right. Except for the four cars
which we buy under the County contract and
take advantage of the County fleet rate)
but those cars will also come out of Majestic because they are
providing the County with the Satellites, so we are actually doing
all our business in West Covina.
Councilman Lloyd: I am delighted.
Mr. Aiassa: The only thing is they are not getting a
very large markup and I don't know if we
will be able to do this in future years.
Motion by Councilman Shearer to approve a lease agreement with
Nisei Leasing Corporation, covering fourteen 1972 Plymouth
Fury III patrol vehicles, for a period of one year at a cost of
$280.00 per.month per vehicle, and authorize the Mayor and .City
Clerk to execute said document. Seconded by Councilman Young
and carried on roll call vote as follows:
AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell
NOES: None
ABSENT: None
Mayor Chappell:
Mr.
Aiassa, do
you
want a motion now on
the
2 vehicles
being
purchased?
Mr. Aiassa:
That
is actually
a
budgeted item, but if
you
would like
to
take action on it. We
took
advantage
of
the County purchasing
vehicles and we
are getting
these two
for
their price. A motion
actually is not
necessary.
APPLICATION FOR FEDERAL Mr. Aiassa: You do have a staff
FUNDING FOR "HOT LINE" report on this matter.
.This does not require
any additional funding by the City. We have to go through SLAG,
which is one of the standard procedures now for Federal Grants and
Federal money. As stated in the report, in the event financing
becomes available it is proposed that this experimental effort be
formally applied for by West Covina. An application, giving full
details, will then be submitted to Council for approval.
Councilman Nichols: Mr. Mayor, I do not feel,_:no, matter how
worthy, 11"ct fine - operation Such;- as' -,Hot
Line 'is, that it is or should be the
function of the City to become involved, even to the extent of
being the sponsoring agency to that agency which is applying for a
grant of public'.fundso.. I do not believe that we can divorce.
municipal operations from this operation when in fact we have
applied for arid' been involved in' the receiving.'.and passing on of.gxant
funds for.that use. -Nor could we avoid an identification when in larger
numbers our own police force will be used in this activity, yet it
being an 'activity that this Council does not control. I believe it
would really be no more proper to do this than if the City of
West Covina applied to the Ford Foundation for $100,000 grant to
operate the Inter -Community Hospital Auxiliary program foF the
year.
34 -
CITY COUNCIL 2/14/72 page Thirty-five
CITY MGR.: Application for Federal Funding. for Hot Line
I believe really we have gone out of our
role as a municipality when we beg�.n,fUnding, whether it be by
grant monies or otherwise, operations that really truly are in the
private sector. We have attempted to give some support to
operations of this type and to other groups in our community.. But
I think when we begin to link the use of public employees and
those funds into an ongoing operation there would be an over-
whelming identity of the City with the operation that probably should
not,: really.. , in the long range,would not be to the best interests
of the City or Hot Line. I should hope that there is -some sort'of
funding that would enable Hot Line to continue its fine work but
I don't .think over the long run the City should become involved
in this ty*pe of a program. I would personally not favor this.
11
.Councilman Shearer: I somewhat agree, particularly when I see
the implication here of the use of police
officers as listeners to the Hot Line.
I think our Police Officers, even though we could hire an additional
one, sitting in on the Hot Line - again it may be the greatest thing
since whatever - but that is not the proper use of a police officer
and if that is a string attached by the Federal Government in order
to receive this money that a West Covina police officer must be a
listener, then I think that is too big of a string to attach. If
there is any other way of the Hot Line being supported by going
directly for a grant, I would suggest that avenue be pursued.
Councilman Young: I think that two good points at least have
been made by the other Councilmen. At the
same time I would be reluctant just to say
"no" to this proposition on the basis of a two paragraph presenta-
tion from the City Manager's office, which is fine, but I would like
to hear from a direct spokesman of Hot Line_. The president or
Mrs. Reynolds - giving some elaboration'of what they have in mind
here before saying "no we are not going to cooperate." If we are
able to lend assistance without the involvement that Councilman
Nichols refers to, or without an undue burden on our police staff
as .Councilman Shearer refers to, I think I would prefer to hear
more- evidence on it before saying "no".
Councilman Nichols: I would certainly concur in that. Although
I think in that we are talking about a grant
of public monies to a public agency,it seems
to me that the greater detailed explanation should rightfully come from
the representative of 'the governmental:. agency who is, proposing the grant
from one public agency through another agency. The mechanics of
the grant are obviously governmentally -'imposed and developed and Hot
Line can only operate within that framework. I find Mrs. Reynolds
very appealing and I tend to be swayed by her presence and I can
say "no" much more readily to Mr. Aiassa. So would you go along
with having him make the next presentation?
Councilman Young: Since I have some of your weaknesses at the
same time I don't think my judgment would
be seriously interfered with.
• Mr. Aiassa: Gentlemen, the only thing you are authoriz-
ing tonight and ,you will have time to ;do a
little more :fact finding with regard to
the.use of police officers. ' r You will
note in the report it says "police trainees" and we send them
now to the County Academy and through the process of the County
Academy Training program it would probably be incorporated,
because through their listening to some of the case problems I think
they can get some new approaches to old problems which might give
us some leads and maybe this would-be one of the inroads to
relief in our drugs and addict problems. Also we are not assured
that we are going to get the grant.1 All we are doing now is going
- 35 -
CITY COUNCIL 2/14/72 Page Thirty-six
CITY MGR.: Application for Federal Funding
for Hot Line
through SCAG and from there we have to apply and then the Council
still has the right and power to say "no".
•
Councilman Nichols;
Yes,
time
but we always go that route
it gets up to that critical
and by the
moment
•
three -fourths across
when it is time to say
the ocean in a leaky boat
"no" the
and then
guy is
to call
him back is kind of
late. I
see nothing wrong
in the
Council receiving that
information and knowing
about it
before we
even apply.
Mr. Aiassa: Item 15 has a budget summary for the
possible grant. There is an application
form and Hot Line has for years been going
on a hit and miss basis where they get a small allocation from all
these cities and rely on volunteers. At least if they got this
grant they would have the consulting services which they never had
before and also they would be given services in relation to
professionals. Medical doctors will give 2 hours a day and such
consultation =-theyauthorize the:payment, so doctors will not have to
be "requested..for-volunteer.'.services. And ,there, will be l a full time Dir-
ector.to coordinate,all these;'things-_that-they have..been doing on a
volunteer basis;
Councilman Young: It seems like we could gqt more
. comprehensive information. I think the
City Manager at this point is in the position of more or less
defending the proposal made here. I don't know, for example,
Hot Line has its headquarters in Covina which refuses to merge
with us and it serves the entire East San Gabriel Valley -
certainly within the prefixes of Yorktown, Gilbert,'334 - 44 -
etc., all these can call in toll free - what are these other
cities doing about it? They can pass this through SCAG - is
West Covina about to take this over or are we treading on
somebody's toes? I think we should have some of these things
answered and I don't think this is the time to do it.
Mr. Aiassa: The only answer I can give is that of
all the cities that could possibly work
a program of this type (other cities will
do it) but we happened to be the spark plug or starter of the
Hot Line. And Dr. Snyder should be given considerable credit for
his work in this connection and also there are a lot of volunteers
in this area.
Councilman Young: Dr. Snyder has resigned and doesn't that
have something to do with this?
Mr. Aiassa: Dr. Snyder's resignation was predicated
on the fact he has a hangup with the
Police Department and anytime you mention
"police" you are already in trouble.,
Mayor Chappell: Is there any objection to having the
President of Hot Line or a representative
• appear before us on February 28? Because
they can give us more detailed background on this. I know,
Mr. Zimmerman worked for a long time with Mrs. Reynolds on this
• and they were very enthusiastic over it, I don't want .to see
it shot down without giving.a proper report so we can make
a decision with the facts.
Councilman Nichols: There certainly is nothing improper in the
suggestion made someone from Hot Line
'be here to give further information and I
am certainly not bucking,: against that concept in anyway. I would
only say though that this was a voluntary citizens program that
came into the East San Gabriel Valley and there are probably
- 36 -
CITY COUNCIL 2/14/72 Page Thirty-seven
CITY MGR.: Application for Federal Funding
of Hot Line
dozens of cities that have been making contributions to this
program, this .City is but one of them. The history of this type
of thing is that grant money comes, a program gets started and
• a year or two years later the money doesn't come and the
implication of this City taking this on alone and forming a
• grant situation, placing our police officers into the program,
well I feel bodes ill for the future when the time comes that
money isn't available and then people say we got'to keep it going.
We are responsible for it. We have killed off all these other
cities and their participation, we have frozen out the private
sector. We le t."Big Brother" come in and get all this gravy
here. We have to think what we are doing to private enterprise,
private` initiative, our own people. It is not just that it is a
training session for our -Police Department, it is the implications
of the ongoing operation that I think we have to be concerned
about and I only ask you to give that some thought as you hear the
very worthwhile appeal from the people that would like this
$50,000 to continue to operate.
Councilman Young: I would personally like to gee,
particularly these last remarks made by
Councilman Nichols, furnished to the
Hot Line spokesman and have these questions answered. I think
they are urgent, compelling questions and I don't think we have the
answers to them. They best would come from Hot Line itself.
Mr. Aiassa: I don't .think we will have any problem,
we are only the sponsor and they are receiv-
ing the grant. What Council is saying to
me is you want their representative at the next meeting - February
28th - and we will provide them with a transcript of the minutes
so they can respond back to your questions.
Councilman Shearer: I would also like their comments regarding
the use of police officers in this very
touchy situation. Not being a teenager
any longer , I wonder what the effect on
the Hot Line is when word gets around— guess who you are going to
talk to, you will be talking with the fuzz. To me that might
be one of. the quickest ways to ruin what appears to be a good
thing. If I had a drug problem I would hesitate to call up and
confide to a Police Officer . I don't believe a Police Officer
is the one I would want to confide in if I was on a trip or
something.of•that nature. I would like their reaction with regard
to the practicalities of having a Police Officer listen in - there
seems to be a certain conflict inherent in this, confiding in
someone that..is the law when you are actually breaking the law.
Mr. Aiassa: I am not goiag_d."try'ad'-.answer' it;. but
I. thixil tM pur'"'pose of a'Poli=ce .officer..
is `that Yie• i•s an observer_ hd is-;�t-
physically communicating with the applicant or the party
• communicating with the listener.
Councilman Shearer: That is a good way to kill the program -
he is there to get information. But
let's leave that for now.
Motion by Councilman Young, seconded by Councilman Lloyd, and
carried, to carry over this matter to the February 28th meeting
of Council and that the transcript of the current deliberations
be furnished to.anyone who desires to respond.
- 37 -
CITY COUNCIL 2/14/72
MAYOR'S REPORTS
PROCLAMATION Mayor Chappell:
"HEART SUNDAY"
February is called " Heart Month". (No
Page Thirty-eight
If there are no objections
I will proclaim "Heart
Sunday" February 13, 1972.
Actually the month of
objections, so proclaimed.)
I attended the West Covina Beautiful Birthday
celebration the other evening and they are planning on a big 50th
Birthday Party next year. I think after the forthcoming election
Council should appoint one of its members to work with this group
because the 50th year celebration should be a big event for the
whole City and the City Council should be involved and help make
this an outstanding event. This matter might be brought up after
the City Council is reformed after the election.
Councilman Nichols: I recall reading about the Birthday
observance in the newspapers but I don't
believe I received any notice by mail,
publicly, or otherwise. I was wondering if I was the only Councilman
that did not receive notice. In past years I have received, as a
Councilman, some knowledge of this event and this time I did not.
(The Councilmen indicated they had received notice; and Mr. Aiassa
advised notices were sent to the Council.)
DEMANDS Motion by Councilman Young, seconded by
Councilman Lloyd, to approve demands
totalling $402,635.14 as listed on Demand
Sheets C791 (a) through 797 and B521. This total includes payroll.
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 Nichols and carried, to adjourn
meeting at 11 P.M.
ATTEST:
CITY CLERK
0
APPROVED:
MAYOR