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01-25-1971 - Regular Meeting - Minutesx MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA JANUARY 25, 1971. 11 The regular meeting of the City Council was called to order at 7:30 P.M. by Mayor Ken Chappell in the West Covina Council Chambers. The Pledge of Allegiance was led by Councilman Robert Young. The invocation was given by the Reverend DeWitt Joseph Brady of the United Church of �• Christ. ROLL CALL Present: Mayor Chappell; Councilmen Shearer, Nichols, Young, Lloyd , Others Present: George .Aiassa, City Manager Lela Preston, City Clerk George Wakefield, City .Attorney Ho R. Fast, Public Services Director George Zimmerman, City Engineer Richard .Munse.11, Planning Director Leonard 'Elket., Controller Ray Windsor, Administrative Assistant Ross Nammar, Administrative Analyst Terry Brandt, Administrative Analyst,Jr.. APPROVAL OF MINUTES January 11, 1971 On motion made by Councilman Lloyd, seconded by Councilman Young, and carried, minutes of the regular meeting of January 11, 1971, were approv- ed as submitted. January 18, 1.971 On motion made by Councilman Lloyd, seconded by Councilman Young and carried, minutes of the adjourned regular meeting of January 18, 1971, were approved as submitted. / PRESENTATIONS Mayor Chappell: We have three presentations to make to outstan(d-ing citizens of our City. These are ho.nb.r_ing a -- retired employee, a former employee, and Jess D. Harper, a former member of the Joint Authority Board. The first one presented will be to Jess D. Harper-, his wife,Mrs. Harper, is here this evening because Mr. Harper is ill in the Convalescent: Home. (Mayor read Resolution No. 4242 in full.. Mr. Aiassa and Mayor Chappell presented resolution to Mrs. Harper) The next presentation is Resolution No. 4245 honoring a retired employee - Norman Willis. (Mayor read Resolution i; full and presented to Mr. Willis.: Mr. Willis said .a few words, Ieinihriscing,, on the growth of the City of West Covina from his early life to the present.) The next presentation is to William Kirk Wilson, former Assistant Recreation & Parks Director. (Mayor- Chappell read Resoli t dnti:inli.f ll dnd presented to Mr. Wilson and wished him the very best in his new endeavor in West Covina .in the years to come.) -� MAYOR CHAPPELL CALLED FOR AN EXECUTIVE SESSION AT 7:45 P.M. FOR THE PURPOSE OF EVALUATING THE CITY MANAGER WITH REGARD TO SALARY, ETC. COUNCIL RECONVENED AT 8:07 P.M. Mayor Chappell: Through the illness of one of the.Councilmen we will move over to the City Manager's portion of the agenda and get that out of the,,, way, so if necessary he may leave. We will start with Item I-1'Oo, << ... o :l ' CITY COUNCIL 1/25/71 Page Two CITY MANAGER'S AGENDA RESOLUTION NO. 4287 The City Manager presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ESTABLISH- ING .DEPARTMENT HEAD SALARY RANGES AND AMENDING DEPARTMENT HEAD FLAT RATE POSITION;SALARIES OF RESOLUTION NO. 1277.11 . Mayor Chappell, Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd, t.m.,ad®pt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd,' ;Chap.pe1:1; .. NOES: None ABSENT: None RESOLUTION NO. 4288 The City Manager presented: ADOPTED °°A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, RELATING TO THE COMPENSATION OF THE CITY ATTORNEY." Mayor Chappell: Hearing no objections, waive further reading of the body of said Resolution. Councilman.Shearer: Mr. Mayor, for the record, what is the present salary of the City Attorney? Mr. Aiassa: $1280. per month and it will now be $1325.. per month. Motion by Councilman Young, seconded by Councilman Lloyd, to,-ad-o.p.t. said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, :.Chappell- NOES: None ABSENT: None RESOLUTION NO. 4289 The City Manager 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 OF ADMINISTRATIVE ACCOUNTANT, ADMINISTRATIVE ANALYST, ADMINISTRATIVE ASSISTANT." Mayor Chappell: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Young, seconded by Councilman Lloyd, to,a,d:op.t- said Resolution. Motion carried on roll call vote as follows: AYES.- Councilmen Shearer, Nichols, Young, Lloyd, `Cha.ppel.1- _ NOES: None w %ABSENT, None RESOLUTION NO. 4290 The City Manager presented, ADOPTED "A RESOLUTION OF THE CITY i0UNGIL OF THE CITY OF WEST COVINA, RELAT- ING TO THE COMPENSATION OF THE CITY MANAGER AND ESTABLISHING THE DEPARTMENT HEAD SALARY RANGE A."a -Mayor Chappell: Hearing no objections, waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd, Ab-Xdopt said Resolution. Councilman Shearer: Mr. o Mayor:, .. I would like to, comment; f;o,r',, the .fie_ �r,d that the new- rate of the ,Ci-ty• .Manager, is comparable to the pay rate granted to the city ® 2 - CITY. COUNCIL 1/25/71 Page'Three CiTY.MGR.`�AGENDA-, RESOLUTIONS employees and includes the 6.7% that was granted all other City employees as of July 1, but due to the city°s long established practice the Department Heads are not considered until the 1st of January. So this is a cost -of -living raise plus less than the average given some other city employees last Monday night. Councilman Nichols: May I add to the Councilman's comment - put in • specifics reveals the Fire Department employees received an additional 2.5% raise and the Police Department received a 5/ raise and in those two categories they repre- sent well over half of the city°s employees and the City Manager's raise in the aggregate is 2/10ths of 1% less than the firemen received. I think in terms of that I would hope that those who may want to -write for the benefit of the press will indicate that the City Manager has demonstrated a great deal of restraint in his behalf for consideration of his own salary, and is accepting a moderate raise in comparison to the majority of the city employees. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Young, Lloyd, Ch;ap.pell; NOES: None ABSENT:, None APPOINTMENT OF ASS°To Mr. Aiassa: This is an informational RECREATION & PARKS report to Council regard - DIRECTOR ing the appointment of the Ass°ta Recreation & Parks Director. In this particular category we had already proceeded with the entire recruiting and had selected three final candidates and one of the top three has been selected to act as the Acting Director and Assistant Recreation and Parks Director for 6 months. The gentleman is Norman Stevens and is now Director of Parks & Recreation for the City of Fontana and he comes to us very highly recommended. He will serve for 6 months and if he does a good job we will probably consider appointing him to Acting Director for the remaining few months until January 1, 1972 and at that time the -position of Assistant will be available for the two gentlemen now work- ing in the junior positions of Superintendent of Recreation and Superintendent of Parks,, if they meet the minimum qualifications. This will mean a financial savings to the City of the salary of the Director for 7 or 8 months. Mayor Chappell: Thank you, Mr. Aiassa. And with that - Mayor Pro Tem Young will you be able to take over the meet- ing at this point because I will not be able to stay any longer. AWARD OF BIDS PP�OJECTS NOS, SP-69008 LOCATION: Vine Avenue between Citrus AND SP-70017 and Hollenbeck Streets (SP-69008) and Hollenbeck Street from 160 feet north of Thackery Street to 542 feet north of Thackery Street (SP-70017). (Council reviewed Engineer's report.) " The City Clerk stated the bids were opened in Clerk on Wednesday, January Ro, 1971. A total ceived and reviewed. All bids were checked for �. ed to be valid bid proposals: Aman Bros. Inc., Covina o Griffith C., Los Angeles Ma L. Garten, Anaheim Vernon Paving Co.,. Industry Isom & Bayles Contr., Ontario Sully -Miller Contr., Long Beach Brutoco Eng. & Const. Inc., Covina the office of the City of seven bids were re - errors and were d.et:ermin-- $63, 583.02 $630724.20 $65, 207. 50 $651 757. 65 $ 6.8., 4.7 7 0 30 $68,882.15 $69,629.20 - 3 - CITY COUNCIL 1/25/71 Page Four PROJECT NO. S.P-69008 & 70017 Motion by Councilman Lloyd, seconded by Councilman Shearer, approving and authorizing the execution of the County Agreement; and further accepting the bid of Aman Brothers in the amount of $63,583.02 as pre- sented at bid opening on January 20, 1971, for projects SP-69008 and SP-70017 and authorizing the Mayor and City Clerk to execute an agree- ment with the said Aman Brothers, Inc., for the work to be done. • Motion carried on roll call vote as follows. AYES: Councilmen Shearer, Nichols, Lloyd, 'k6ung NOES: None ABSENT: Cbunciliizan Chappell PUBLIC WORKS ITEMS PROJECT NO. SD-70005 LOCATION. Valinda Avenue, Walnut VALINDA AVENUE STORM Creek Channel to Service Avenue. DRAIN (Council reviewed Engineer's reports) Motion by Councilman Lloyd, seconded by Councilman Shearer, :aip..app:r-owe the plans and specifications for City Project SD-70005 and authorizing the City Engineer to call for bids. Councilman Shearer: A question. I assume this is not a bond issue project? Mr. Zimmerman: That is correct. This is out of the City°s 'prop - taxes. TRACT NO. 30399 WOODSIDE VILLAGE Motion carried. LOCATION: South of Amar Road, east of Azusa Avenue. (Council reviewed Engineer's report.) Motion by Councilman Nichols, seconded by Councilman Shearer, and carried, to. app:x°gvethe amendment to the final map of Tract 30399. POLICY ON CITY LIMITS Motion by Councilman Nichols, second - LOCATION AT BOUNDARY ed by Councilman Lloydot® appr.Ove as WITH UNINCORPORATED policy the location of City limits TERRITORY adjacent to County areas, so that the entire street is within the City, and thy. -location of City limits adjacent to other cities be along the centerline of streets. Councilman Shearer: A question. I would like to have explained to'me why the difference in policy regarding adjacent County territory and adjacent City territory. I may be wrong but it seems to me in the last month we adjusted a policy on Orange Avenue= iri::d r.ect' .coaifii-ct_ .w-ith this policy adjacent to County territory and we adjusted from a full street to a half street. Now we are being asked to establish a policy in conflict with that. That doesn't concern me as much as why the difference? Mr. Aiassa: Councilman Shearer, we had an Annexation Committee meeting which consisted of representa- tion of most of the City staff and I designated a Committee to work on the particular phase of how and when to accept rstreets adjoining terr.i.tory,, etc. We had quite a bit of discussion, the Public Works Department had their considerations and needs and the Public Safety had theirs. (Explained.) We also found out if we took a whole street that adjoined,the street would have to be maintained, cleaned, swept, etc., which meant they collected the taxes and we provided the services. Normally in the County area we have no objections to taking full streets because a good percentage of the time we-ar.e_-adjoining advance territory that we will annex today, tomorrow or the day after. The only guide we tried to establish is that we have some continuity as to what to do, when and where, - 4 - ; . CITY COUNCIL 1/25/71 POLICY ON CITY LIMITS_ ETC. Page Five because we have received an informational call from LAFCO representa- tives to have a kind of guideline so they can use that as a judge. My staff can probably answer any questions you .might have. Mr. Fast, do you have anything you would like to add? Mr. Fast: I would like to speak in regard to • a_>_:. ; r: s..�;.. ,, ; Orange Avenue. The situation there did occur prior to the formulation of this policy. However, we went from no street in the City to centerline. We had some residents in the City on the County property line which was at the curb. We weren°t able to service the streets in front of their residences so in that case it was from no street in the City to a half street. Councilman Shearer: It just seemed to me that we will be sweeping streets in the County for free, if that is t'he reason for going to the center line wheh it is an adjacent City, so we won't sweep for nothing and do not collect taxes, and the same thing is true in an adjacent County. I fail to see the rationale between a different policy for adjoining City and adjoining County. They are both separate taxing agencies and supposedly provide service at whatever level, so it would seem to me the problems are not different depending on whether it is unincorporated or in- corporated territory and we should have one policy whichever way it goes. Mr. Aiassa: We sp.ent.about 2 hours in staff discussion regarding the pros and cons. I would like to make the staff report available to Council because each representation by staff had original input and all,were valid:and by unanimous agreement this was the compr6mise by the group. I would like to carry this over to February and then bring back to you the details of the staff meeting so you can .realize how we came to the con- clusion and in the meantime we can discuss it with Councilman Shearer. Councilman Nichols: Leaping into any subject matter that Councilman Shearer is involved in that has to do with _roads is probably,like.leaping into a pot of bubbling oil, but I think I can see a logical reason for the difference in the terms of the total cost to taxpayers. Perhaps in terms of the costs of the various agencies your argument would be a valid one, but talking in terms of the..amount of taxes totally paid by the citizens, in theory, I think, the staff recommendation would have its merits, because where we abut a. .City it is going to stand to reason that that City will 'Inevitably have serviceequipme-nt within a fairly close approximation of that area and will be working in significant areas fairly adjacent. Whereas the County with its unincorporated areas shrinking to where today on our own boundaries we have some very small stretches of highway that may abut just a very small section of County and for the County to properly service one half of that street may well mean the moving of substantial pieces of equipment to a substantial distance to service a very small piece of highway. So I would think a total picture of dollars expended for services rendered would justify this recommendation more than the sharing aspect you mentioned. Now tell me why that is wrong? Councilman Shearer: I don't gay -..that is wrong, • Councilman Lloyd: In view of the expertise of Councilman Shearer and if there are further questions,:I would suggest we continue this, - is there any great loss to holding over for awhile, Mr. Aiassa? (Answer: None) Motion by Councilman Lloyd, seconded by Councilman Nichols and carried, tabling this item to the next meeting of the City Council. CITY PROJECT NO. LOCATION: Citrus Street between Cortez Street SP-69016 and Walput Creek Wash. (Council reviewed Engineer's report.) - 5 - CITY COUNCIL 1/25/71 CITY PROJECT NO. SP-69016 Page Six Mr. Aiassa: You have a staff report and also a Resolution. As you know this is Gas Tax money from the Aid to Cities Fund. RESOLUTION NO. 4291 The City Manager presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, • CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY, CALIFORNIA, TO PERMIT THE USE OF CERTAIN GASOLINE TAX MONEY ALLOCATED AS COUNTY AID TOWARDS THE IMPROVEMENT OF CITRUS STREET, DESCRIBED BELOW, BY THE CONSTRUCTION OF ASPHALTIC PAVEMENT ON AGGREGATE BASE AND APPURTENANT WORK." Mayor Pro Jbm Young: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Shearer, seconded by Councilman Lloyd, t©.adc.pt said Resolution. Motion carried on rollcall, vote as follows: AYES: Councilmen Shearer, Nichols, Lloyd, Young .:. NOES: None ABSENT: :Councilman Chappell PLANNED COMMUNITY DEVELOPMENT NO. 1 - WOODSIDE VILLAGE - UMARK, INC. LOCATION: Shadow Oak Drive southerly of Amar Road, adjacent to Tracts 30399, 30402 and 25512. (Council reviewed Engineer's report.) Motion by Councilman Lloyd, seconded by Councilman Shearer, and carried, accepting bond,and agreement in the amount of $13817000 for improvement of Shadow Oak Drive. RESOLUTION NO. 4292 The City Clerk presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACCEPTING A GRANT OF EASEMENT EXECUTED BY UNLARK".d INC., FOR PUBLIC STREET PURPOSES TO BE .KNOWN AS SHADOW OAK DRIVE AND DIRECTING THE RECORDATION THEREOF." Mayor Pro Tam Young: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Nichols, seconded by Councilman Lloyd, ,t.c- ad:bpt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Lloyd,a._.. NOES: None ABSENT:C6Unclman Chappell PLANNING COMMISSION Review Action of January 20, 1971 (Council reviewed items of action.) Councilman Shearer: A question regarding Item 3. I am not calling it up, but I read an article in the paper indicating that the Ordinance of the City of West Covina requires a minimum of 2 acres for a church site. Is that correct? Mr. Munsell: Yes,Councilman Shearer, that is correct. It is a development standard ..just like a side yard. Councilman Shearer: On Item 7 - B.K.K. - does this meet with the City Manager's approval, I know there is some discussion going on there. Mr. Aiassa: Yes, as you know the-prediction.is based on the Master Plan of Design which must be approved. We do have control. 6 - CITY COUNCIL 1/25/71 Plan. Com. Review of Action Page Seven Motion by Councilman Lloyd, seconded by Councilman Nichols, to receive and file summary of Planning Commission action of January 20, 1971. Councilman Nichols: A question of the City Attorney. On Item 7 when that comes before the Planning Commission for the approval subject to the :development criteria,._is .that subject to call-up by Council at ' isthat time or would this be the-'.-lAst legal opportunity for the Council to review these plans? Mr. Wakefield: This would be the last legal opportunity for the Council to review the Conditional Use Permit. The authority is vested in the Planning Commission by the Conditional Use Permit to review and approve the Master Plan of Development. Councilman Nichols: It says it is subject to a Master Plan of Development and subject in turn to the approval of the Planning Commission - isn't that ultimate action of the Planning Commission subject to Council review? Mr. Wakefield: No sir,`there is no specific provision in the existing Ordinances of the City which would make that kind of action subject to review. Councilman Nichols: Thank you. Mr o Mayor, I feel this is a tremendous decision which involves many acres of city land and a development which could possibly be the . cause of considerable concern over the years and I would think it would be in the interests of -,- Council to have an opportunity to call this up and review. I don't look at it with a negative point of view, but I would feel that if in 6 months or a year from now when there might be more controvers�..attendant-upon this we might regret that we had not looked at it carefully at the time we had the opportunity of review. Mr. Aiassa: I think the provision Councilman Nichols is seeking and I think it would be valid, is to say .that before the.Planning Commission finalizes and accepts the Master Plan, which is between .now and one year, that the Council have an opportunity to review with staff recommendation and report. I think that can be made a condition of the Unclassified Use Permit as a courtesy between the Council and the Planning Commission - Mr. Wakefield? Mr. Wakefield: The only way that could be done would be fo2.,< the City Council to call -the matter up and either change or amend the particular condition which has been referred to. As it now stands the authority is.vested in the Planning Commission to ultimately approve the Master Plan of Development. Mayor Pro Tem Young: That authority would be granted by the City Council though? Mr. Wakefield: requirement and also to approve. Yes, but the authority stems from the condition within the Conditional Use Permit itself. In other words the use permit establishes the establishes authority of the Planning Commission Councilman Nichols: I don't feel - Mr. Mayor - a compulsion to go into this matter at this time, but I would be concerned if this were the final opportunity and never or ever havp any recourse to look into this matter. Mr. City Attorney$would it be legally proper and correct if the Planning Commission conditioned the Unclassified Use Permit itself to be subject to both its review and that of the City Council? - 7 - CITY COUNCIL 1/25/71 Page Eight Plano Com. Review of Action Mr. Wakefield: Yes. Councilman Nichols: I would hope that the Council would refer this back to the Planning Commission and ask them to look at it in terms of that, rather than bring it up before the Council at this time, and simply ask them to condition this in their review so when they reinvestigate the final plans it will also automatically come before us.. Mayor Pro Tem Young: We have a motion pending to receive and file these minutes. I would be inclined to agree with Councilman Nichols. Perhaps we should defeat the motion. Motion defeated, four "no"votes. Motion by Councilman Nichols, seconded by Councilman Shearer, and carried, for the receipt and approval of the actions of the Planning Commission of January 20, 1971, with the exception of Item 7, Unclassified Use Permit No. 71, Revision 5, etc _be. referred back to the Planning Commission in terms of the Council°s discussion this evening. SOUTHERN CALIFORNIA Mr. Aiassa.: The City of West Covina will be PLANNING CONGRESS the host city that evening and MEETING Mr. Munsell would like Council representation. If anyone would like to attend please advisee I would recommend that Council have representation. (Council discussed and in the absence of Mayor Chappell decided to hold this item over.) Mayor Pro Ibm Young: We have ample time to decide on who might attend because it is March llth. . I think we can delay this for the Mayor's attention. PERSONNEL BOARD APPROVAL OF MINUTES Motion by Councilman Shearer, seconded by DECEMBER 8, 1970 Councilman Lloyd, and carried, to receive and file the minutes of the Personnel Board dated December 8, 1970. JOB SPECIFICATIONS Motion by Councilman Shearer, seconded by FOR COMMUNICATIONS Councilman Nichols,to approve the recommended SUPERVISOR (Civil job specification change regarding the change in Defense) 'duties -.of -."the' -Di -rector of Communications and the Communications Supervisor relating to Civil Defense. Councilman'Dloy4: Mr. Mayor - I don't quite understand what we are accomplishing by this. Mr. Aiassa, can. you explain? Mr. Aiassa: As you know,we get matched funds from the Federal .Government for Civil Defense and we found out that I can only have one exempt position in Civil Defense which means they are not covered under the technical procedure for hiring that the Federal Government has. We can only have one exempt position and all others must be fully covered by the procedure of hiring. ':The Communications Director position is that of a Department Head and is an exempt position, so the Communications Supervisor is being appointed the duties of the Deputy Civil Defense Director. 11 0 CITY COUNCIL 1/25/71 Page Nine PERS. BD: JOB SPECIFICATIONS Councilman Lloyd: In other words we are really in an administra- tive'situation? (Answer: Yes.) REQUEST FOR JOINT MEETING WITH PERSONNEL BOARD AND COUNCIL Councilman Shearer with the Personnel at 7:30 P.M. Motion carried. Mayor Pro Tem Young: The for 1971 at 7:30 P.M. Is there any request is February 16, discussion? Motion by Councilman Lloyd, seconded by and carried, that City Council have a joint meeting Board as requested by them on Tuesday, February 16th THE CHAIR CALLED A RECESS AT 9:45 P.M. COUNCIL RECONVENED AT 9:57 P.M. ORAL COMMUNICATIONS Joanne Wilner I have been studying air pollution for almost two 2108 Casa Linda Drive years now, attending State Hearings, Sacramento West Covina meetings, lectures and have attended and parti- cipated in some symposiums. I feel I know more on the subject than the average citizen in our community. I have lived in West Covina for 15 years and have watched the quality of the air change for the very worse in geometric progression as the years pass. I saw in the paper what Sierra Madre was going to do and started deep thought on the feasibility of the same idea for West Covina. Dr. McColl, the State Board of Health, thinks that people must be made aware of the hazardous air they are breathing and what to do to reduce the damages and suffering. He felt that the periodic wailing of the sirens while the ozone count was .35, the school warning level, or higher would be extremely beneficial. Because we live in an area where the count is frequently above that during certain months of the year it would lead to sound pollution and the people would become active to stop the cause of pollution rather than just try and adjust to it. As Council knows, I am very much against sound pollutim but I feel being hard of hearing is nothing compared to the suffering while trying to gasp for air. Air quality is of the first priority. The schools are supposed to curtail activities during the school hours when the ozone count reaches a .35 but in West Covina that occurs most of the time after school closes. Since one of the purposes of local government is to protect the health of its citizens it seems clear that this health hazard resolution by the Los Angeles Medical Associa- tion dated March 3, 1969, should be announced and reannounced to the general public during the period it exists. Everyone must know that the only time the enemy will attack will be 10 A.M. the last Friday of the month. Numerous calls that might come in when the special signal for,:,smog would ring would be a method 'of informing the public of the health danger existing. Organizations such as the League of Women Voters, Stamp Out Smog, Sierra Club, Tuberculosis Association, I am sure could work with the City to help disseminate "What to do During Smog Warnings" information throughout the community. I hope that you will eeec-_.th&,Adst.eause for adopting the use of the Civil Defense siren as a method of notifying the public of a health danger. I also hope you will recommend for this coming year's budget the purchase of ozone test counting equipment measuring device, so that air may be sampled right outside of the City Hall: rather than acting on the Azusa Air Condition Control District count. There is available equipment adequate for the purpose at'a_�much lower capital outlay than that up in Azusa. Carbon Monoxide will be our next polluting problem here in the City as it has in fact already reached US. Instruments to measure this locally should try to be obtained too. We don°t want to really be called "Headquarters City of Polluted Air.'.:' Mayor Pro Tem Young: Thank you, Mrs. Wilner. This will be discussed later in the agenda. 9 - CITY COUNCIL 1/25/71 Page Ten WRITTEN COMMUNICATIONS CITY OF RIALTO Motion by Councilman Shearer, seconded by RESOLUTION re EMISSION Councilman Lloyd, and carried, to receive CONTROL DEVICES and file the City of Rialto resolutirn regard - INSPECTION ing emission control devices inspection. CITY OF HAWTHORNE Mayor Pro Tem Young: This item refers to • RES. #4258 a resolution of the City of Hawthorne opposing plan to consolidate Superior and Municipal Courts. Is there any discussion? Councilman Lloyd: Mr. Mayor we have an indication here that we would like to refer to the City Attorney but before we do this I have some opinions on this. Mr. City Attorneys were you going to make some specific recommendations? Mr. Wakefield: I. will be guided by the decisions of the Council. Councilman Lloyd: You are therefore seeking our counsel, our guidance - is —that -right? (Answer: Right.) In that case my reaction to this is that I have gone along with this and have watched it very closely. This has to do with a method of speeding up our judicial processes and I have read numerous editorials that have come out of our TV stations, radio stations and newspapers. I think that one of the problems we do face is the fact that our courts are .prac.ticall.y at a standstill as far as some of the justices that are guaranteed to us by the Constitution) and as a result we need a more efficient flow. My colleague,,Mr, Young, might want to comment on this. I am not against this. I happen to be favorably disposed. I think if we elevate the judges all to Superior judges or something of that nature, I don't think we will weaken the judicial process. The process somehow is not dependent on the status symbol of whether he is a Municipal judge or a Superior Court judge. I think it is more important that we expedite and have a quicker flow of the judicial processes for our people. Mayor Pro Tem Young: I suppose I might be expected to make some comment. As far as I am concerned and I get around to the Courts in various parts of the County quite a bit, and there are times when judges have nothingto do and other times when they are greatly overloaded and some means of shifting this load around, I think, would be most helpful. I think a consolidation could lead to greater efficiency and could lead to re- ducing court backlogs. A judge is a judge and I don't know whether it matters that he is a Superior Court judge or a Municipal Court judge, although the qualifications for a Superior Court judge are somewhat higher and the type matters are of some greater degree of gravity in some instances. These are some considerations, but I would be inclined to favor certainly a complete study of this consolidation and definite recommendations made on how to reorganize for more efficient use. This would be my reaction to it. . Motion by Councilman Lloyd, seconded by Councilman Nichols and carried, to.'refer this item to the City Attorney with cognizance • of the remarks made. CITY OF DOWNEY Councilman Lloyd.- Mr. Mayor, I would like RES. NO. 2498 to go over the letter PROTESTING HIGH from the City of Downey. COUNTY TAX RATE The key phrase in the letter is that in protesting the high county tax rate and urging the Los Angeles Division of the League of California Cities and here is the key phrase: "to persuade the State Legislature to provide funds for State mandated programs". This really puts the burden where it belongs. When a legislature legislates a requirement - 10 - CITY COUNCIL 1/25/71 Page Eleven WRITTEN COM.: City of Downey Res.: #2498 on a community and says you must provide, as in the case of the County of Los Angeles, we are now required to provide on a welfare basis for any person in the United States who happens to decide to come to California whether or not that person was gainfully employed prior to his arrival here. Somehow to me this smacks of unfairness. I • realize it is unfair for a person to be unemployed, there is no question about that. I think we have an obligation to pay attention to the employment of every person that is employable. However, on the other hand I don't see where it is required in the County of -Los Angeles that my tax dollar must go forward and support someone 4-n not gainfully employed in the State of Pennsylvania or Florida, that this is fair to me, because he or she decides to move to Los Angeles County - because it happens to be more comfortable here or perhaps because our welfare rules are more lenient in some way. I think this is the problem, the basis, the crux, that we must be concerned with. And this is the area I am supporting. I understand the problems our County officials face, we are really preempted in this, The decisions have been made by the State Supreme Courts and the Supreme Court of the United States and yet as local bodies we must deal with these problems. They tie our hands and then say - okayonow get in there and fighto I think there is a great deal of unfairness in this and what we should really ask and I am very much for it, is that any legislature which wishes to have a mandated program of welfare or any other project should also have the method for providing for the funding of that thing, rather than force it on the local agencies to deal with. That is my statement. Councilman Nichols: I agree 100/. If there were more percentages I would agree to that extent. I feel we should do more than just second and adopt it. Generally when we do this the same format goes up to the legislators by the umpteenths and they tend to be diluted as they go. I would hope in some fashion we can convey that we are adopting this resolu- tion and we are doing so with a great deal of spirit and not with just a particular urge to emulate someone else°s actions. Mayor Pro T.em Young: Perhaps an abstract of Councilman Lloyd's remarks from the minutes along with the transmittal of our resolution might do it. Motion by Councilman Lloyd that a digest of the feelings of the Council here in support of the Resolution of the City of Downey, Resolution No. 2498, be submitted not only to our County but also our State and Federal representatives. Seconded by Councilman Nichols and carried. CITY OF SAN MATEO Councilman Lloyd.' Mr. Mayor, I have a RES. #162 re comment, Being a home - MEANINGFUL TAX RELIEF owner and certainly we FOR HOMEOWNER live in an area where we are really not talking about a tax relief for the homeowner but for the property owner. The major problem: we face today in the area of tax relief is that the burden of taxes: have dis- proportionately shifted over to property owners, who somehow are unable or unwilling or maybe just uninformed and they end up having to pay their taxes. There are millions of acres and millions of dollars of assessed valuation which today are going without paying any taxes in the State of California. There are agencies formed, nonprofit organizations, duly chartered by the State of California, which frankly in my opinion do not belong on the nonprofit area where they don't have to pay taxes. As long as we have the present system of taxation where the burden goes to the property owner there is very little that can be done. It is incomprehensible to me that in the area of education that the children that reside in Beverly Hills should have a monetary day per pupil valuation of something like $13. or $14. yet the children residing in West Covina is less than $7.00 per day. All I can say is that I think our kids are as good as those kids over in Beverly Hills or some other rich area regardless of how few they may be. - 11 - CITY COUNCIL 1/25/71 Page Twelve WRITTEN COM.: Citv of San Mateo Res. #162 Someone said "Well, there are only a few of them"'.- That has nothing to do with the fairness of the taxation nor with the fairness of education. The responsibility of education is that each youngster, according to his needs and capabilitiessshould have the monies to go. Until such time as we have a levying process which says that everybody who owns property - if that is the method we are going to • tax on - pays taxes or we use another basis. I am prepared to suggest that we write to our legislators and tell them - let's use another basis which makes it more equal. Councilman Nichols: Are you suggesting that we support this Resolution also? Councilman Lloyd: Yes I.am)and I will make that a motion.' Councilman Nichols: Will Councilman .Lloyd's latest remarks go with this one also? Councilman Lloyd: Whatever is fair. Seconded by Councilman Nichols. Councilman Shearer: My only comment on this is that this resolution of San Mateo is rather broad. I was at a meeting a couple of months ago where Mr. Schabarum was present and the comment was made# whatever happened to the Resolution or petition we sent in saying we were against smog - it wasn't quite that broad- and he said "that's fine, but what I as a legislator need...are, more specific ideas." This resolution says we want a balanced tax program. What does that mean? It probably means one thing to you, something else to me, something else to Schabarum and something else to Governor Reagan, and so on. I wonder if perhaps we should be a little more specific than just saying "a balanced program.". Councilman Nichols: I read this as meaning primarily what the resolution before attempted to say and that is that the tax burden has fallen inordinately on those that own real property and using the term "balanced" doesn't imply a complete tax program but means reasonably balanced tax upon real property and tax from other sources. The legislators give a lot of lip service to this problem, they have literally conned the taxpayer in the last 3 or 4 years with their so-called homeowner exemptions and other sneaky little devices that have done nothing but create greater and greater burdens upon people owning homes. I rather think this is the year,and anything the City Council can do and all City Councils can do, to put the heat on the legislature to prevent what is becoming confiscation of property should certainly be done - by all means. I feel very personally about this - when my mother can sit in Pomona in a family home paid.for between 1946 and .1.948 and be in her declining years and have to pay over half of her worldly:iincome just in taxes on her house - something is drastically wrong with our way of going about things in this State and it is darn well time it be changed. Mayor Pro Tem Young: I think you are getting down to the heart of the issue. We sit here trying to raise money to run the City, and all other municipalities do the same. The Board of Supervisors has its problems and the Legislature has its problems and Congress has its problems. We are working under a system that was designed essentially for rural.type economy. We don't have that anymore but the system stays on. I think if we got specific, like Councilman Shearer stated, it would be great but I think it would take a massive review of the entire governmental structure of the State of California and all of the political entities involved. We talk about - 12 - CITY COUNCIL 1/25/71 Page Thirteen WRITTEN COM.: City of San Mateo Res. #162 getting a helicopter for the Police Department for the City of West Covina, which could serve a much broader area than West Covina, but we v3on°t do it probably because we can't afford it. The ultimate massive review will have to come about with participation of all different governmental entities and with some willingness to make great adjustments. Look what happens when somebody suggests the • merging of two cities, which probably can operate as efficiently as one city as each of them do separately. It gets nowhere. So how can we reduce taxes if we can't give or take at that level? Councilman Lloyd: I think what we are really saying here is we have representatives at the Federal and State level and if any legislator says -.I can't do anything about it, I just can't get anywhere up there - wellythere are 80 seats in the Assembly and 40 seats in the Senate and 435 seats in Congress and 135 in the Senate and any man who feels his vote is so insignificant or the pressures are so insignificant, somehow has failed to recognize his constituents/preferences at this point. Let's send a letter and say "hey, we don't like it.' We are only one small.insignificant city of 70,000 people who are really a little tired of the way you worked this out, now change it." When you people want something changed at the City Council level you come in and say "I don't like it"jand if a sufficient number of people come in and say "I don't like it's it gets changed. What's wrong with using the same system up there? I don't see anything wrong with it. I really don't. Just because he says we need the problem defined? Well)if he needs the problem defined maybe he is in the wrong arena. I would say that to any legislator. If you don't know what the problem is) you are missing it. So)in deference to all the things that have been said here and to Councilman Shearer, I would like to refer this back to staff and ask that a quick draft of a resolution go along with this encompassing the feelings of what we like to think are of the people here and certainly of this Council, and it be forwarded to our legislators but with a little more work than the other one. Mayor Pro Tem Young: The motion then essentially is to refer to staff for redrafting - is there a second? Seconded by Councilman Shearer and carried. CITY OF VALLEJO Motion by Councilman Lloyd, seconded by RES. NO. 70-758 N.C. Councilman Nichols and carried, to receive re Allocation of and file. Public Service Responsibilities COUNTY OF HUMBOLDT Motion by Councilman Lloyd, seconded by , RES. NO. 71-3 Councilman Shearer, and carried, to receive CITY OF TORRANCE and file County of Humboldt Resolution RES. NO. 71-1 No. 71-3 and City of Torrance Resolution No. 71-1 regarding litter' problem created by non -returnable beverage containers. SPANISH TRAILS GIRL Motion by Councilman Nichols, seconded by SCOUT COUNCIL Councilman Lloyd and carried,td..graftt.. the request of the Spanish Trails Girl Scout Council to conduct annual cookie sale as approved in prior years. Motion by Councilman Shearer, seconded by Councilman Lloyd, and carried,to-.Waive the required fees. - 13 - CITY COUNCIL 1/25/71 Page Fourteen WRITTEN COM. CITY OF HOPE Motion by Councilman Nichols, seconded by Councilman Shearer and carried, t;o:.gkint -the request of the City of Hope to conduct a. house -to -house solicitation for funds on June 6, 1971, with.waiver- of fees, as approved in prior years. • COVINA REALTY COMPANY Councilman Lloyd: I have a question of REQUEST FOR MINUTES Mr. Aiassa. I think this has come up before and we had a mailing list which we reviewed once a year? Mr. Aiassa: This list is reviewed by Council once a year and names are added or deleted. We do have to pay postage for mailing minutes and,as you k now,they are quite bulky and this can go into a great cost. Councilman Lloyd: Would it be a great cost if we produced a few more copies when running the minutes and allow those that wish to come in and pick them up at their convenience? Mr. Aiassa: We would have no objections. Motion by Councilman Lloyd, that a letter be sent back to Mr. Yaeger of Covina Realty Company advising him that copies will be made available as-...regUestbd by -:him for pick up at City Clerk's office at his conven- ience. Seconded by Councilman Nichols.-' Councilman Shearer: Mr. Mayor, do we have a present mailing andj if so, perhaps we should expand this policy. Who gets minutes now? Mr. Aiassa: You will be receiving a list of those that do receive minutes at your first meeting in February. Councilman Shearer: I would personally like to hold this up until we review the list. I would hate to turn this one down unless we establish a policy for everyone. Councilman Lloyd: I think Councilman Shearer that in this case if we decide to open it up again or add additional names we can certainly do so, but at the present moment this would kind of set a precedent. I agree with the City Manager since this has been brought up before, our endeavor is to reduce costs. No one has ever been turned down, to my knowledge, if they want to pick up the minutes. Councilman Shearer: I am not arguing with that at all, but I just think if we are going to turn one down and have one pick up minutes then all should pick up. Mr. Aiassa: This is not the first time we have turned someone down. During the year we -have quite a number of requests. Council goes over.the list once a year and says "yes" or "no". I think this is kind of a reasonable compromise and people -can stop by the City Clerk's office and pick up a copy. Mayor Pro Tem Young: How would it be to simply 46fe'r this to the February agenda. This would do justice•to everybody's point of view and Mr. Yaeger can be advised to come down and pick up the minutes in the meantime. - 14 - CITY COUNCIL 1/25/71 Page Fifteen WRITTEN COM.: Covina Realty Company - Request Councilman Nichols: I agree. I feel we probably should look at this again and it would be appropriate to hold off action until that time. I would concur, however-, that any citizen that desires a copy of the minutes of the Council meetings should have access and if they desire to have the minutes they should be .willing to make the effort to come down -arid, ` get = the minutes. On vote call motion defeated. All votes "no". Motion by Councilman Lloyd, seconded by Councilman Shearer, and carried, to. -hold this over to the Council meeting of February 8, 1971. YELLOW CAB COMPANY SAN GABRIEL VALLEY REQUEST FOR RATE INCREASE WALLY SACKIN & SON AUCTIONEERS Motion by Councilman Nichols, seconded by Councilman Shearer and carried, to:'refer_ this request for a rate increase to staff. Mayor Pro Tem Young: We have a request from the auctioneers asking permission to conduct a one -day auction at the Huddle Restaurant. Councilman Nichols: A question. Mr. Aiassa didn't you say that structure was being torn down? Mr. Aiassa: Yes,and they are going to auction all the fixtures off. This is what we were advised. Councilman Nichols: I noticed their letter indicated this was somewhat urgent, that another tenant was taking over the property and that seems somewhat counter to the demolition. It says "time is of the essence, since the place.is being leased to another tenant soon." Mr. Aiassa: I don't think these are the people that own the::. property. I think May Company owns it. Councilman Nichols: But your information is it will be demolished? Mr. Aiassa: That is what we were advised. Isn't that correct - Mr. Munsell? (The Planning Director verified that this information was correct.) Mayor Pro Tem Young: I wondered why the Council had to approve this in the first place? Mr. Aiassa: The reason this was brought up is we had too many auctions taking place where they were bringing in material for auction, so by having Council approve this it limits the scope and gives Council maximum control on public auctions. Mayor Pro Tem Young: Would you want a limiting motion? Mr. Aiassa: Yes, as long as it meets all the requirements of the staff and the city. Motion by Councilman Lloyd, seconded by Councilman Nichols and carried, t:g)approyiethe auction sale,so long as it is commensurate with the.cooperation and coordination of staff and limited.to one day. PUC-::NOTICE- re. APPL.. OF Motion by Councilman Lloyd, seconded by WESTERN UNION -.FOR REV. Councilman Nichols, to.'r.efer the app-lication OF RATES, ETC. bf' Western Union Telegraph .for r.evision':of.... evert°airi interstate ra'tes:,and:._chdrges`-ap.plicab e.':to message:, telegraph and .:oth.er servdces.. within the._ State of California::� to:� Staff: - 15 - CITY COUNCIL 1/25/71. Page Sixteen WRITTEN COM.: Public Utilities Como re Application Councilman Nichols: I even question our capability of acting prudently on such an aofiop but I will.go along with the motion. Motion carried. • JOAN WILSON Mayor Pro Tem Young: The.next letter is from LETTER Joan Wilson regarding the National Forum Public _relations Conference of ;Commissioners and,,BoardJDirectorsa she has been invited -'to participate-' in' the public relations aspect of this National Forum. It is to be held in Las Vegas. Councilman Lloyd: She is certainly capable, Mr. Mayor. I would also point out that one of the Directors of the California Association of Parks & Recreation Board-- --is-Joan Wilson and :I think certainly she should be encouraged to attend. Do we have monies for this, Mr. Aiassa? Mr. Aiassa: No, that is why we had it referred. Councilman Nichols: Mr. Mayor, I wonder if the correct routing of this sort of thing is directly from a member of the Commission to the Council. It would seem to me that if she feels that the City of West Covina should,in fact,be involved in this that the correct approach would be for her to bring.it'to the other Commissioners of the Recreation & Parks Commission and determine their feelings about it, whether it is a necessary and desirable activity. Perhaps I am misreading what has happened here, but I would be reticent to encourage a development where members of Commissions would correspond directly with Council asking for attendance at activities that directly relate to their Commission responsibilities. Councilman Lloyd: Councilman Nichols: CITY ATTORNEY Is that a motion? No, but I.will move that this be referred to the Recreation & Park Commission. Seconded by Councilman Lloyd and carried. RESOLUTION NO. 4293 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ,CONSENTING T.O THE:.APP.O.INT- MENT--"OF-,-. ROSS .;NAMMAR _ AS DEPUTY:.. CIVIL DEFENSE DIRECTOR" Mayor Pro Tem Young: Hearing no objections, waive further reading of the body of said resolution. Motion by Councilman Shearer,: seconded by. Couiicilmah:`_Lloyd, to._a_ dopt' said Resolution. Motion carried on roll call vote as follows. AYES: Councilmen Shearer, Nichols, Lloyd, Young ". NOES: None ABSENT: CCounci1man.Chappell RESOLUTION NO. 4294 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CONSENTING TO AND APPROVING THE CONSOLIDATION'OF SCAG AND TASC." Mayor Pro Tem Young: Hearing no objections, waive further reading of the body of.said Resolution. - 16 - CITY COUNCIL 1/26/71 Page Seventeen CITY ATTORNEY: Res. #4294 Motion by Councilman Lloyd, seconded by Councilman Nichols, to adop.t said Resolution. Mayor Pro tem Young: I would like to ask a question if there is no other discussion. It seems to me there are bound to be some other interestsinvolved in this. For example, we had discussion as to whether or not to belong to SCAG and finally decided to belongtbut make that decision annually. I am wondering if there are other cities that belong to TASC and suddenly find themselves without something to belong to,., Mr. Wakefield: Yes) there are some cities that are a part of the TASC organization which are not members of SCAG; however, the consolidation agreement itself provides that those member cities which are members of TASC but not of SCAG will continue to be entitled to representation on the SCAG Committee which is appointed for the purpose of guiding and directing the transportation plan effort by the region. So those cities are not disfranchised so far as the planning activity in the transportation area is concerned. Mayor Pro Tem Young: Is it a fair assumption then that this consolidation will not bring about a material change in financial implications in the member cities? Mr. Wakefield: Noethere will be no financial implications for any City in this consolidation. TASC was originally organized some 6 or 8 months before SCAG came into being and it was created to satisfy the regional planning requirements of the Federal Transportation Statute laws which had been adopted the year before. While SCAG°s major is primarily that of planning, TASC continued to operate in the field of transportation planning and have now reached the point where it seems desirable to consolidate and coordinate the efforts into the general organization of SCAG. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, L1oyd,Y.oung NOES: None ABSENT: :Councilman Chappell RESOLUTION NO. 4295?..._ The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, DESCRIBING A CERTAIN PORTION OF THE CONSOLIDATED COUNTY FIRE PROTECTION DISTRICT WHICH HAS BEEN INCLUDED WITHIN THE CITY OF WEST COVINA AND DECLARING THE SAME WITHDRAWN FROM SAID DISTRICT." Mr. Wakefield: A word of explanation. The City Council adopted an identical resolution on the 28th of December in an effort to meet the January 1st deadline, which is established by law for the withdrawal of territory from a County Fire District to become effective in the following fiscal year. However, in this particular case the certificate of the Secretary of State was not actually recorded with • the County Recorder.until the 31st of December and the County Engineer has refused to recognize the previously adopted resolution with the consequent result that the withdrawal will be delayed one year. So far as I know there is nothing more that the City could have done about the matter. Mayor Pro T.em Young: Hearing no objections., waive further read- ing of the body of said resolution. Is there any Council discussion or questions? - 17 - CITY COUNCIL 1/25/71 CITY ATTORNEY: RES. #4295 Page Eighteen Councilman Shearer: What does that mean as far as who puts out the fire in this area? Mr. Wakefield: The territory will continue to be in the Consolidated County Fire District through the fiscal year 1971-72. So the fire • protection district will continue to be responsible for fire protec- tion within the area until July 1, 1972. Councilman Shearer: Is there a specific tax for that purpose? Mr. Wakefield: Yes) there is. The Consolidated County Fire District levies a special tax within the area of the district and ,this tax will be levied within the next fiscal year. Councilman Shearer: And in addition to that, residents will also be paying the regular city tax? (Answer: Yes.) So in fact they will be paying twice? Mr. Wakefield: Yes that is true and we did what we could, it was simply a delay in receiving the actual certificate from the Secretary of State that resulted in our missing the deadline. The City Council acted on -the 28th of December but the County Engineer just refuses to recognize. Councilman Shearer: In fact we acted before we should have)but if we acted any later we -would have been too late o' Mr. Wakefield: There was no other meeting of the City Council at which this could have been presented. Mayor Pro Tem Young: There is no way that this could be corrected by some action of the Board of Supervisors? It seems a shame to tax people twice for the same thing in light of all of our other discussion about taxes tonight. Mr. Wakefield: We are dealing with a statutory requirement. Mayor Pro Tem Young: Preempted by the State Legislature. Mr. Wakefield: Yes/in this particular situation the State Law requires that the action of the City Council and;.,the certified copies of the resolutions and maps be certified to the State Board of Equalization for tax purposes on or before December 31. When the County Engineer prepared his certificate with respect to this annexation he simply did not include the action the City Council had taken on December 28th because the actual effective date of the annexation was December 31st and while he did report the action affecting the completion of the annexation he did.not include this action. Mayor Pro Tem Young: That is clear enough, but I wondered if some corrective action couldn't be taken? Somebody must have some control over it. Maybe the State Legislature. I don't know what we are talking about in terms of dollars but it seems to me if it is of any significance and it is regulated by the State Statute it might be well that we dump this one on Mr. Schabarum and Mr. Johnson and a few others. Mr. Wakefield: It seems in years past that there has always been situations of this kind which arise and the Legislature by statute has on a year -by -year basis authorized deviations from December 31st. 18 - CITY COUNCIL 1/25/71 CITY ATTORNEY: RES. #4295 Page Nineteen My recommendation would be that the City Council adopt this resolution and then request Assemblyman Schabarum to include this action of withdrawal in any special legislation that may be adopted with respect to this problem. Mayor Pro Tem Young: If this were acted on favorably that would eliminate the double tax for the residents involved - is that correct? Mr. Wakefield: That is correct. Mayor Pro Tem Young: That is what is before use gentlemen, we evidently need two motions. Motion by Councilman Lloyd, seconded by Councilman Shearer., to adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Lloyd, ;Yolung NOES: None ABSENT:.:Councilman Chappell Motion by Councilman Shearer, seconded by Councilman Nichols and carried, to. -direct the City Attorney to draft a letter to all of our local State representatives for the Mayor's signature regarding the relief of this problem. RESOLUTION NO. 4296 The City Attorney presented: ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ADOPTING A PROGRAM FOR THE EXPENDITURE OF TOPICS FUNDS.". Mayor Pro ,Tem Young: Hearing no objections waive further reading of the body of said Resolution. Motion by Councilman Lloyd, seconded by Councilman Nichols t.o adopt said Resolution. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Lloyd, Young NOES: None ABSENT: :Councilman Chappell WATER - CORTEZ PARK Mr. Wakefield: Mr. Mayor there is one additional item.. Unfortunately I did not get it into the mail to City Council, some:, recommendations with respect to the settlement of the litigation regarding water service to Cortez Park, until Friday afternoory and I don't know whether you had a chance to review the matter or not. Mayor Pro Tem Young: Yes,we received copies. Is this a matter appropriate for Executive Session or for Council discussion at this time? Mr. Wakefield: I think it is a matter for Council discussion at this time. Councilman Nichols: In the final paragraph of the communication to Council you indicate if certain costs of a relatively minor nature are not assumed . by agreement then you would feel it would be in the city's interest to proceed with your action. Yet .a little further down you indicate because of certain difficulties that you would recommend for a dismissal because if there were a trial the attorney fees and court costs would be substantial. It seemed to me as I read that/ that�'there was some contradiction in philosphy in terms of indicating a willing- ness to proceed to trial based on the loss of $300. and the willingness in doing so to assume far greater costs where otherwise you would be recommending dropping of the action to save those costs. - 19 - CITY COUNCIL 1/25/71 Page Twenty CITY ATTORNEY: Water - Cortez Park Mr. Wakefield: Councilman Nichols /I must confess that the paragraph is not entirely clear and for that I apologize. My reaction to the problem is simply this. If the City can dispose of the action without any assumpti`o.n of costs:by either party that would be in the City's best interests to do so. However, if the only condition of salvage is that the City assume these costs then I am not sure that in the long run the City wouldn't be better to litigate the question and let the courts resolve it. I think :it is obvious because of the small amount involved, attorney fees could eat up a substantial portion of any recovery. On the other hand�an attorney has an obligation to his client and in some cases such as this, I think the attorney has the obligation to see that -.his client's best interests are served and if adjustments in fees are necessary to accommodate to that situation, then I think it is the obligation of the City Attorney to follow through. What I am saying is that sometimes in a situation where a City is challenged in a matter of this sort you are better off to pursue the matter rather than give in at any cost. Mayor Pro Tem Young: So far as you are concerned - Mr. Wakefield - if the Council simply authorized you to proceed - apparently it is a City negotiating situation - and this would appear to be more of an interim report than a final recommendation - would it be appropriate for Council to simply authorize you to proceed to the point where there is nothing left to negotiate and then bring it to Council for action at that time? Mr. Wakefield: Yes. This is simply a recommendation. The details of the settlement have not been presented to the attorneys for June White or Suburban Water Company. We have a general understanding with respect to the problem and what I am really seeking is guidelines from City Council as to whether or not the plan of approach as outlined would be generally acceptable. Mayor Pro Tem Young: Then we can still decide whether to go to trial over a $300.. cost or not? Mr. Wakefield: Yes. I may be assuming something that really will never af.ise. Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, that the City Attorney be authorized to proceed per his letter dated January 22, 1971. . CITY MANAGER WEST COVINA SYMPHONY Mr. Aiassa: This is the request for funds. ORCHESTRA REQUEST As you know I do not like to expend money from the unappropriate reserves. We do have an account that we can draw the $1150, from and I have a report for you from the Controller. (Passed out copies of the report.) It is recommended that since the reanalysis of the budget we now find there is sufficient funds in Account #737.1 under Elections, and we can make a transfer of the amount to the Account #739.12 to fund the Symphony Orchestra. There is one condition. After reviewing with the City Attorney, if we continue to proceed and give funds to the West Covina Symphony Orchestra there should be a bona fide contract and the Symphony organization should present under their contract that they will perform a service. The service could be 1, 2, 3 or 4 concerts - whatever Council feels is reasonable -and under this contract it will provide that the City pays revenue and services are returned. Maybe Mr. Wakefield might elaborate a little more on the details. - 20 - 0 CITY COUNCIL .. 1/25/7.1 Page Twenty-one CITY MANAGER: W.C. Symphony Orchestra Councilman Nichols: Mr. Mayor that would be an item that would normally not plague us until budget time. Councilman Lloyd: We haven't had any indication of an on -going request. We had a discussion on this and as 7 recall in the presentation by Mr. King this was really quite a lf-generative thing and they were really only trying to get starte,, Am I correct on that? Mr. Aiassa: Mr. Wakefield: Yes, bu funds a agreeme I think referen under .wh will be accounted for by the or sponsor musical symphony progra the extent that they might be m the members of the community. Councilman Lloyd: Mr. Ma Symphb would podium? I am prepared to make $1150. The only thing I think intentions or desires area Is the City will be a participant, Mr. Nordstrom: W.C. Symphony Society Counci West C one day to stand on its own two of the City of West Covina. We submit a statement of goals, wh belabor the point because you g read that. Does that answer yo the point is you are providing d you should receive some type of an t. really what the City Manager has re to is a more formalized arrangement ich the funds contributed by the City anization and the organization will s within the City of West Covina to tually agreeable, as a service to or, I note that the people of the y are in the audience. Mr. Nordstrom) ou be kind enough to come to the he motion when the time comes for the eeds clarification is what the his to be an on -going program wherein r is this to be sponsored by itself? man Lloyd, it is the desire of the vines Symphony Orchestra ultimately feet, but -carry on under the name were requested, of course, to ch we did. I don't want to ntlemen have had an opportunity to r question? Councilman Lloyd: I think I am --asking for something more specif C. Do you see within the next year the accomplishment of the goals - the acquisition of the instruments in other words where the program becomes self -generative, or do ,.ou see it as 5 years or 10 years? Mr. Nordstrom: Offhar some tY ano the additional musical equipment , equipment, transportation of tY The Symphony Orchestra can cont members; limitation, of course, economic decisions. The abilit entirely dependent on the recer just the City of West Covina, k the business community, which v to. So I am not trying to give something intangible. Councilman Lloyd: You a years back that is right we should have s had arrived at a point, after things were rolling along in p long way to go is what you -are need is there - as the City At agreement. There would be no I would say we are talking about ng that will possibly continue for 2 or 3 years. The acquisition of ibrary of music, chimes or percussion equipment, things of this matter. nue to grow even to that of 80 or 100 being placed upon us by that of and wish to stand on our own is ion we get from the community, not t from surrounding areas as well as feel we would like to become closer you answers that are nebulous or swered my question, you said 2 or 3 Obviously then I would have to go o the City Manager and say - yes me sort of a contract. I assumed we he 3 or 4 concerts you had, that etty good shape, but you still have a really telling me, so I think then the orney stated - for some more formalized roblem with this as far as your - 21 - CITY COUNCIL 1/25/71 CITY MANAGER: W.C. Symphony Orchestra Page Twenty-two organization is concerned in signing a contract like that? Mr. Nordstrom: No sir�we would accept delightedly the challenge. Mayor Pro Tem Young: Is there any possibility of tying this in with the schools? The development of this Symphony, such as adult education partici- pation or anything like that? Mr. Nordstrom: I don't know,, I am not qualified to give that answer. Mrs. King: I might comment. I wasn't aware that Mr. Nordstrom didn't know that this orchestra is now under adult education, -It has now been signed up and I understand it will be effective sometime in February. Mayor Pro Tem Young: This might bring some material change in the needs or goals or structure? Mrs. King: I would like to elaborate and tell you what a wonderful opportunity the City of West Covina has with their Symphony. It can do great things for your City,but it is going to need your support and I would go further and say for a minimum of 5 years. My husband has worked with these orchestras, he knows what it takes - it is going to take everybody working with him and helping him until he gets it of£ the ground. Councilman Lloyd: Will you receive any financial support or any monies accrue to support the Symphony or the library as a result of participation in the Adult Education Program? Mrs. King: No. Mr. King will receive the small salary that they pay anyone for the participation in adult education. Councilman Lloyd: And who will be the participants in the program? Is Mr. King? Mrs. King: Yes,and the total orchestra has to participate but Mr. King only will be paid. This is just the salary paid for a teacher in Adult Education. Councilman Lloyd: In other words he is paid the standard hourly fee for 3 hours a night? Mrs. King: Yes - once a week. Councilman Lloyd: What about equipment? Is there any other equipment furnished - music, instruments, etc., as a result of this? Mrs. King: Absolutely none. Councilman Nichols: Mr. Aiassa, what was the amount of the first half appropriation to the Symphony Orchestra by the City Council? Mr. Aiassa: I think the total amount was $2500. The exact figure is $2360. 22 - CITY COUNCIL 1/25/71 Page Twenty-three CITY MANAGER: W.C. Symphony Orchestra Councilman Nichols: That doesn't coordinate at all with the financial report we have in front of us. There is some discrepancy in the report Council received. This report indicates the account opened with $245.,total in -flow in the first 6 months $1698., with a total in -take of $1943., less expenditure of $1888y leaving a current balance of $55. Mr. Aiassa: Mr. NicholsjI think Mr Eliot had better report to the Council. Leonard Eliot: I haven't seen the report of the West Covina Symphony Orchestra but I am sure they are including in their report to you the expenditures paid for by the City as well as their own funds collected on the outside. So :it would be difficult to coordinate the figures unless I had the statement in front of me. However, I can say they have not drawn the,/entire $2360, allocation as yet. They submit from time to time"various bills that we pay directly to the vendor. r Councilman Nichols: In other words the total deposit of $1943 would represent some projection of the $2300. Mr. Eliot: Councilman Shearer: :Pat, ks::;Commi_ssion our funds :lt doe-s expenses. That is correct. Mr. Mayor, I see the,President of the organization shaking his head "no". Mr. Nichols, the accounting which has been requested .in -the form of -a letter from ..the City :Manager ° s office •through_•the Recreation for'.; this statement -of : Income and' Expenses covers not,:'.,in the, least- bit•, include any of the City ° s Councilman Nichols: Then Mr. Nordstrom, there was a mistake, I think, in the terms of what the Council was requesting, because at least it was my belief that what we were requesting was an accounting of the receipts and expenditures of city -authorized funds. Mr. Nordstrom: I am sorry, but I just wanted to clear that up. Councilman Nichols: I am very much interested, however, in your comment that these other funds do represent a cash flow into the. organization in addition to the funds appropriated by the City. That is very gratifying to me.indeed, because that answers the other question I was going to say, which is, if all of this was city money then what about the other money, and you indicated none of this is City money. Do you happen to know what portion of the city appropriation has been used in the organization? Mr. Nordstrom: The only accounting given to us is that with regards to our own and Mr. Yamate, the City°s liaison, gives us a recital of the amount remaining in that particular account. Councilman Nichols: The only observation I want to leave with Mr. Nordstrom and my fellow Councilmen is that my own philosphy says that the City funds should be "seed corn" - that should be funds that enable people with a commitment of worthwhile activities in our area to get started and to move and to stand on their own. My own philosphy says, it therefore only involves some funds to the extent that I can see an organization standing on its own, making an effort to move and - 23 - CITY COUNCIL 1/25/71 Page Twenty-four CITY MANAGER: W.C. Symphony Orchestra attempting to some degree of success to grow in terms of "fiscal-. responsibilities and then I feel justification for extending city support. Finally,my own point of view does not say that something should be for 1 year, 2,or 3 or 5,or 10o it says what is the other side of the coin? What is the organization doing itself to build things along and if it is doing something like that then I think the City support should be forthcoming. According to these figures • almost $2000. has come from other sources which is very close to matching the city funds expended so far. As a first year effort I think it is commendable and I am very pleased to see that and I am equally prepared to extend the support for the balance of the first year as Council indicated. I am prepared to vote for it and encourage, you to continue with your very fine progress. Councilman Shearer: I am going to support the request but I would like to make the additional request, that in the future we prepare financial statements -so:.that.we have a complete picture regardless of the source of the funds, whether it comes from the City, or memberships, or what; that we have a complete accounting of all, monies, even that which goes directly from the City to pay your vendors. In the future I would like a complete financial statement of the organization, including income and expenses and not just that which you directly raise, although you can indicate that if you would like. Motion by Councilman Lloyd, seconded by Councilman Shearer, that the City Council transfer $1150.00 from Account. 73701:'_ to Account No. "739012. for the purpose of the support of the West Covina Symphony Orchestra. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Lloyd, .y_oUng NOES: None ABSENT: Cnunc lean Chappell Mr. Aiassa: Mr. Mayor, the City Attorney and I have conversed on this matter and we developed a simple agreement showing that we have until July 1, 1971... — Councilman Lloyd: I really think that is administrative ,•- Mr. Aiassa, and until such time as you have worked it out administratively and can present it, I don't think the way we are going requires a policy decision. Is it important to you? Mr. Aiassa: If I have an expressed opinion from the City Council d.then the City Attorney and I will work out with Mr. Nordstrom the details - I would like to have an effective date. Motion by Councilman Lloyd, seconded by Councilman Nichols, t.o.auth'or•ize the City Manager and the City Attorney to draw up for formal approval an agreement with the West Covina Symphony Orchestra. Councilman Nichols: I don't think all of the funds that Council expends in,various areas always do involve a'formal contract. It involves certainly an awareness of getting services for the community relative to the funds expended. I have seen us buy ads,for one shot, for $1200<. in the newspaper and not really know what we are going to get at all. So I don't say this is a very lousy sway of doing business because that is a very crushing thing to hear from the City Manager, but it might be less than an optimum way of doing it. Mr. Aiassa: The other way you do it is to have the Council issue one purchase order for one - 24 - CITY COUNCIL 1/25/71 CITY MANAGER: W.C. Symphony Orchestra Page Twenty-five project, this way we have issued two. Motion carried. KENNETH I. MULLEN Mayor Pro Tem Young.' STATEMENT Mr. Aiassa - is this the final statement? • Mr. Aiassa: We don't know. He is supposed to accumulate some more costs and I told him we only had $1500,. approved by Council. Motion by Councilman Lloyd, seconded by Councilman Nichols, ,to -authorize payment to Kenneth I. Mullen in the invoiced amount of $1,478.48. Motion carried on roll call vote as follows: AYES: Councilmen Shearer, Nichols, Lloyd, Young NOES: None ABSENT: :CounciYina.n Chappell TRAFFIC COMMITTEE Mayor Pro T.em Young: Is there any discussion MINUTES on the minutes of the January 19, 1971 Traffic Committee? Mr. Aiassa: Mr. Mayor, :;included in the minutes is the recommendation regarding the City of San Leandro Resolution referring to mandatory auto safety flare legislation. Councilman Nichols: I would like to comment on the attached document - Warrants and Provisions for General Application on Safety and Traffic Controls. I am certainly willing to vote for it, and I appreciate we must have these areas of guidance' but I also note there are items that will be violated at some point by the Council in its wisdom. -I'.note, for instance, in one place itgives a certain sight distance necessary before you can put a yellow blinking light and I think,,in adopting,. the Council should be and is aware that we may have some requests coming before us that arb-"not going exactly according to this and staff will say at that time that it doesn't meet the warrants and we say - we know but- So I hope in this action my vote at this time is interpreted as a rather relevant-. vote. Councilman Shearer: On Item 10, I guess we will specifically have to vote on the Resolution and I am not sure.but my question or disagreement.is,.with the first part of the recommendation which says "That the City Council enact the attached resolution, etc.," and then goes on to say ",the Safety Committee be directed to investigate the feasibility of doing this in City vehicles'. I think if we are going on record urging the legislature to <buy --this we ought to be past the stage of investigating the feasibility of using in our own vehicles. Maybe it is just a matter of wording. Perhaps someone can clarify what they mean by feasibility. Mr. Zimmerman: Mr. Mayor and members of the Council, in this particular item the Traffic Committee again felt the proper procedure was merely to implement the thought through the Safety Committee and the question was brought up of the possibility of premature firing of these flares) and accidents and things of this nature. So while the Traffic Committee thoroughly recommends it be done they were speaking in terms of procedure when they suggested referring to the Safety Committee. Councilman Shearer: In other words they were investigating a method of implementation and not is it feasible to do it after we already told somebody else to make you do itlnow I will see if I can do it? - 25 - CITY COUNCIL 1/25/71 Page Twenty-six CITY MANAGER: Traffic Com. Minutes Mr. Zimmerman: The Traffic Committee is a different group of people than the Safety people ands. therefore, it would receive additional scrutiny in that secondary committee. Councilman Shearer: What if they come up with a recommendation • that it isn't feasible? I would suggest that we not enter into a resolution until our own secondary committee has determined whether it is feasible in our own vehicles. Council agreed. Mr. Aiassa: Mr. Zimmerman will you follow through and be sure that the Safety Committee reviews it and sometime in the near future bring the resolution back with both Committees.' recommendations. Mr. Zimmerman: Yes, we can bring this back. Mr. Aiassa: You might also talk to Mr. Eliot and see if we have funds available. Mayor Pro '3em Young: Of course,, as an experienced driver; arid seeing all the other inexperienced drivers",I am against this. It is just another problem with your wife and daughter out on the freeway and now the law requires if she has a flat tire or something that she has to go walking , 100i yards to light a flare that she probably doesn't know how to operate and starts a forest fire. I don't think the thing.is all that urgent. They have cars equipped with flashing red lights now and I think we are adding expense, fire hazard and safety hazard with this kind of a recommendation. That is my thought.. Councilman Lloyd: I am with you, Mr. Young. I really don't see any great need on it. It doesn't provide that great of a thing. Motion by Councilman Nichols, seconded by Councilman Lloyd and carried, to approve the Traffict ommittee minutes of'Uanuary 19, 1971 with the exception of Item 1Q/ e referred back to the Traffic Committee.and referral to the Safety Committee. AD HOC COMMITTEE REPORT Mr. Aiassa: I believe staff gave you three re RESIDENTIAL MOVE-ONS alternatives: 1 - they may choose. to keep the existing regu- lations; 2 - changes can be made in current regulations, and the Committee is suggesting this alternative; and 3 - the Council may finally prohibit this activity within West Covina. I believe if we can get an expression from Council as to how you feel about the move-ons it would be of help. Mayor Pro Tem Young: Have those people that brought this before the Council initially, are they aware of what has.transpired in this recommendation and are they satisfied? Councilman Lloyd: Mr. Mayor, I can answer that. Yes)they are satisfied. But has staff followed it up? Mr. Aiassa: Staff has not because they were waiting to get an expression from Council as to which of the 3 alternatives is agreeable. Councilman Lloyd: Mr. Mayor, since I was involved on this initially, I would first like to congratulate staff on the very fine report and there is only one area I would question and that is the $2.00 per lineal foot. - 26 - CITY COUNCIL 1/25/71 CITY MANAGER: Residential Move-Ons Page Twenty-seven • I don't know if that -is a high figure or low figure. I think all of the other recommendations made undert,,A-ternate 2:_.are._agreea le, -and I am prepared after any preliminary -discussion® to offer a motion that this be adopted. I think it solves a real problem and that it:__. has already been thoroughly discussed. Mr. Aiassa: Mr. Yamasaki, Chairman of this Committee, is present if Council would like to ask any questions. Motion by Councilman Lloyd, seconded by Councilman Shearer, that Alternative No. 2 included on Page 2 commencing with paragraph 1 through paragraph 5 be referred to staff for finalization and - re-rpresenting to the City Council for adoption. Mayor.Pro Ibm Young: I take it in the final presentation the $2.00 per lineal foot will be cleared up at that time and still subject to Council revision. Motion carried. USE OF CIVIL DEFENSE Mayor Pro Tem Young% SIRENS DURING "SMOG :ALERTS" presentation by Mrs. Wilner recommending use We have a staff report on this recommending against the use of the siren and we had a of the sirens. Councilman Nichols: Mr. Mayor, my own feeling after giving some thought to this would be sympathetic to the staff viewpoint, because I feel there are a great many ways of informing the public concerning the dangerous conditions in the atmosphere and those who would read no paper or hear no news broadcast or otherwise become aware, would not.really know what the sirens are blowing for either and if we have sirens blowing a number of times that this might Apply; over a period of time they would come to have no meaning whatsoever. The commoniie.ss of use, I think, would tend to lose the value that they would have the first few times they might be used. I am very sympathetic to Mrs. Wilner's feeling about the problem of pollution in general and the smog problem we have. In the schools we do receive alerts promptly when certain dangers are rising and that is furnished to all schools and they do occasionally reach such levels during the course of the school days when we take certain precautions. Councilman Lloyd: I would concur, I think that while the point is made that we are going to have to do something about smog - and I don't mean just talk about it- is certainly very valid, I would agree using this as the instrument would dull its effect so quickly that if ever we were really to pass any kind of an emergency use of those sirens for any other reasons, they would be totally ineffectivef and then another method would have to be devised wherein that communication of that type of a total citywide emergency situation would have to be announced. I do agree tdith Mrs. Wilner's suggestion that we might have better instrumentation to determine the levels here and maybe the acquisition ,of instrumentation. Butt again/I really believe instrumentation that would serve the City of West Covina would not somehow also be effective to the City of Covina or Baldwin Park and that we would have some sort of a cooperative effort and while I have felt the sting of rising and getting knocked off, I am prepared to even make a suggestion that we send another letter to Covina to see if they would like to involve themselves in some sort of a cooperative effort in this area, and I am prepared again to accept their rebuke, and not hear from them. I think it merits the attention and I feel it'is more important than some community or any other community trying to do it all on their own. I think the suggestion was an excellent one and merits attention and a motion might be in order to send a letter to surrounding cities asking if - 27 - CITY COUNCIL 1/25/71 CITY MANAGER: SMOG ALERTS Page Twenty-eight they would be interested in creating a Committee and have people, such as Ars. Wilner, perhaps) participate and come up with recommendations and then perhaps we can do something as a City that would be more meaningful to the Cities by the way of asking the Tribune or the local radio stations or all of these things). and I see we are talking about Cable TV and this might be another function for it wherein we can notify people and move along and not weaken the system we already have which has a very specific use. Mayor Pro `_Te.m Young: I think Mrs. Wilner has a good ideas except I think we should install the sirens in the places where someone could do something about the smog, such as the Oil Companieslexecutive offices - and in Detroit - and let them be alerted by the smog alert through pollution. I am prepared to vote. Motion by Councilman Lloyd that a letter be sent to each of the surrounding cities: Covina, Baldwin Park, LaPuente, Walnut and Industry, asking them if they would be interested in some sort of cooperative effort either through staff or a Citizens` Committees for the acquisition and use of smog detection devices and a program of public information. Councilman Nichols: Mr. Mayor I am net prepared to second that motion, 1 think we are putting the cart a little before the horse. I think staff should be asked to look into the cost of such equipment before we extend invitations to our brethren. Mayor Pro Tem Young: I will second the motion. I think this would be one of the charges if such a Committee were formed, to come back with what it would cost. Councilman Shearer: It seems to me this is a duplication of what the Air Pollution Control District is doing now or supposed to be doing, and I would like to join Councilman Nichols, that before we write letters to neighboring communities that we should look a little into what we are getting into and not end up with,suggest.ing something we can't follow through on. Councilman Lloyd: I think in answer to that Councilman Shearer, we are not really going to solve the smog problem here in West Covina, there is no question about that. And that if they find in doing this that we don't have the money„or it is so expensive and -yes we do have a smog control situation which has been in existence since 1954 or 1953, yet the smog continues to go up. I think what Mrs. Wilner and a lot of these people are really crying out about and I would join them in this case, and I really don't care how we inform the people just so long as we begin to inform them. I think awareness is really not upon a lot of people and that is what this is really all about. It is an awareness situation and a cooperative venture between cities, I recognize very quickly this may fail a-borning and.,maybe this isn't the only way to goybut I am prepared to say I would like to have it on the record that we are trying. Maybe I am being unfair in making that kind of a statement and I would welcome further comments. Councilman Shearer: of when we are in this I will say one further it go. I think each o smog detector and I am bad level of smog and I thing and then let f us has a built-in pretty well aware don't think we need CITY COUNCIL 1/25/71 CITY MANAGER* SMOG ALERTS Page Twenty -nitre any elaborate set-up. If we are .interested in disseminating informa- tion, that is one thing. But I thought we were talking about acquiring equipment and setting it up in different cities to further monitor somethingpthat if you look outside of your door tomorrow about 3 o'clock you know we have trouble and you don't need a machine to tell you there is a high level of smog. • Motion failed on AYES,- Councilmen NOES:'Councilmen ABSENT,,, ..Coun(,, ilrrian roll call vote as follows. Lloyd, Young Shearer, Nichols C.app-ell Motion by Councilman Lloyd, seconded by Councilman Nichols and carried, that we not use Civil Defense sirens for smog alerts. BOY SCOUT TROOP No. 4.80 Motion by Councilman Nichols, REQUEST RE. seconded by Councilman Lloyd and ALUM. CANS & PAPER .DRIVE carried that the recommendation of staff as stated in staff report dated January 21, 1971, be approved. Councilman Shearer. Mr. Mayor, if it would be in order, I think in my own experience in my backyard which has been a point of this type of thing on a small scale, I wonder if the City should supplement I this and come up with a policy. I don't know how many Boy Scout Troops or Little Leaguers we have, so that everytime one of these requests come in we don't have to come to Council)but set a policy, Mr. Aiassao Mayor Pro Tem Young.* that they have received study, CATV STAFF .PROGRESS REPORT WATER AGREEMENT WITH SUBURBAN WATER We want to make a test case and see how it is handled., We will recommend a procedure if this is a success. I am sure staff will keep in mind as a first thing that 'they are not going to look for an overwhelming success in 3 days on something permission on 4 days in advance of the pilot Motion by Councilman Nichols, seconded by Councilman Lloyd and carried, to receive and file. Motion by Councilman Nichols, seconded by Councilman Lloyd and carried, to receive and file informational report. CALIF. REGIONAL WATER Motion by Councilman Shearer, seconded by QUALITY CONTROL BOARD Councilman Lloyd and carried, to receive and RES. ##70-68 file California Regional Water Quality Control Board, Los Angeles region, Resolution Noo70--�68 regarding filing of development proposals which involve a major waste discharge staff report. CITY CLERK ABC APPLICATIONS. Motion by Councilman Nichols, seconded by Councilman Lloyd and carried, relative to ABC applications. Greater McCoy's Markets, Inc., location Esko Market, 1821 W. Badilloo and Louise Naomi O'Leary dba Tall Paul's at 328 So Glendora, as per staff recommendation, no protests. FIVE LANTERN'S M.oticn by Councilman Nichols, seconded by REQUEST Councilman Lloyd and carried, that permission be granted to Five Lanter:;ns Restaurant to use fireworks during their Chinese New Year's celebration. 29 CITY COUNCIL 1/25/71 Page Thirty CITY TREASURER'S REPORT Motion by Councilman Nichols, seconded by December, i970 Councilman Lloyd and carried, to receive and ..file City Treasurer's report for December, 19700 MAYOR'S REPORTS • APPOINTMENT TO Motion by Councilman Lloyd, seconded by PUBLIC AUTHORITY Councilman Nichols/ and carried, to appb.int COMMISSION Harvey So Krieger to the Public Authority Commission,Boardo r. SELECT COUNCIL Motion by Councilman Nichols, seconded by REPRESENTATIVE Councilman Lloyd and carried, that in the absence of the Mayor this .item of selecting Council representative to head "Clean -Up - .Paint -Up -Fix -Up" campaign be held to the next agenda of the City Council. PROCLAMATIONS Mayor Pro Tem Young: Hearing no protests I would proclaim February 1971 as Boy Scout Month; and the week of January 31 to February 6, 1971 as Brotherhood Week. No protests, so proclaimed. COUNCIL COMMITTEE Councilman Shearer: We received a month REPORTS or six weeks ago a report on the Youth Commission and this has not.'yet:come before use I think we should perhaps urge that it be placed on our agenda due to the fact that one of the recommendations in there did involve some expense and we are nearing budget time again. I would like to see this on the agenda very soon. Mrs Aiassa. npmzkmnq It is scheduled for your next meetings Motion by Councilman Shearer, seconded by Councilman Lloyd, to approve demands totalling $414,974.35 as listed on Demand Sheets C750 through C752o this total includes payroll time deposits and cash transfer accounts. Motion carried on roll call vote as follows: AYES. Councilmen Shearer, Nichols, .Lloyd, Young NOES. None ABSENT.Councilman Chappell. ADJOURNMENT at 7:30 P.M. ATTESTED. CITY CLERK Motion by Councilman Shearer, seconded by Councilman Lloyd and carried, :t.b* adjo'urn at 10:45'P.Mo, to February 1, 1971 APPROVED: MAYOR PRO TEM 0 - 30 -