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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) 2 - 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) - 3 - 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. �■ - 4 - CITY COUNCIL 2/14/72 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. - 5 - 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 6 - 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 - 7 - 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