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11-22-1976 - Regular Meeting - Minutes• • MINUTES OF THE REGULAR MEETING OF'THE CITY COUNCIL CITY OF WEST COVINA; CALIFORNIA NOVEMBER 22, 1976 The regular meeting of'the City Council was called to order at 7:30 P.M. by Mayor Nevin Browne. The Pledge of Allegiance was led by Councilman Chappell; the invocation was given by the Reverend Charles Simmons, United Methodist Church. ROLL CALL Present: Mayor Browne; Councilmen Miller, Chappell, Shearer, Tice Others Present: G. Wakefield, H. Thomas, M. Miller, R. Fast, L. Eliot, R. Diaz, L. Preston, G. Salazar, M. Volmert, K. Northcraft, R. Futter, E.:Cohen, B. Freemon APPROVAL OF MINUTES November 1,1976 CONSENT CALENDAR Motion made by Shearer, seconded by Chappell to approve the minutes as submitted. Motion carried. 1. WRITTEN COMMUNICATIONS a) DELHA VEN COMMUNITY CENTER 1431 N. Hacienda Blvd. La Puente, Ca. b) EASTER SEAL SOCIETY 1545 Wilshire Blvd. Los Angeles, Ca. Request permission to conduct annual charity solicitation from January 2 to February 28, 1977, and waiver of business license fee. (Approved in prior years. Recommend approval.) Request permission to conduct annual charity solicitation from March 1 to March 31, 1977 and waiver of business license fee. (Approved in prior years. Recommend approval.) c) COMMUNITY CRUSADE (Sponsored by Southern California AGAINST DRUGS & DISEASE Conference of Seventhda.y Adventists.) 1535 E. Chevy Chase Dr. Request charity solicitation license Glendale, Ca. and waiver of fee. (Approved in prior year. Recommend approval.) d) PETE FARKAS Request approval of a mail order • 2007-A E. Aroma Drive business license to sell books. West Covina, Ca. (Approve subject to City Attorney review.) e) AMERICAN HEART ASSOC. Request to conduct charity solicita- 2405 W. 8th Street tion during month of February, 1977, Los Angeles, Ca. and waive fee. (Approved in prior -years. Recommend approval.) - 1 - PLANNING COMMISSION Consent Calendar 2. PLANNING COMMISSION a) SUMMARY OF ACTION November 22, 1976 Page Two November 17, 1976. (Accept and file) • 3. ABC APPLICATIONS - Chief of Police recommends NO PROTEST a) EL TORITO dba EL TORITO La Fiesta Restaurants, Inc. 3133 E. Garvey Avenue 5425.Grosvenor Blvd. Los Angeles, Ca. b). MESHULAM'S, INC. dba BULLOCK'S MAGIC NUT AND CANDY 5978 Bowcroft Street 30 Fashion Plaza Los Angeles, Ca. 1200 West Covina Pky. West c) MICHAEL LYNN ZUPSIC 18312 Benbow Street Covina, Ca. dba PIZZA SKIDOO 2418 S. Azusa Avenue 4. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK a) MICHAEL LIPFORD Re alleged damage to automobile 2443 E. Mardina Street in traffic collision with street West Covina., Ca. sweeper on October 26, 1976. (Deny and notify Claimant.) • b) TOM SNYDER Request for reimbursement for 1340 Pa.rkside Drive inconvenience due -to water being West Covina, Ca. erroneously disconnected. (Refer, to City Attorney and Staff for settlement.) 5. TRAFFIC COMMITTEE MINUTES a) MINUTES 6. CITY TREASURER. a) MONTHLY REPORT November 16, 1976. (Accept and file) October, 1976. (Receive and file) b.) APPROVE DESTRUCTION OF OUTDATED 1911 ACT BONDS. Motion made by Shearer, seconded.by Tice to approve the Consent Calendar with the exception of Items 2-a., number 4, and 5-a. numbers 3 and 8. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None • Shearer called up Variance No. 733, applicant: First Church of Christ, Scientist (Item 2-a, number 4). Tice noted that he concurred with the recommendations -of the -Traffic Committee (Item 5-a., number 3) and wondered if the property owners had been contacted at 616 N. Vincent (Item 5-a, number.8). Staff affirmed contact. - 2 - ,CITY COUNCIL Consent Calendar November 22, 1976 Page Three Motion made by Tice, seconded by Shearer to approve.Consent Calendar Items 2-a, number 4, and 5-a, numbers 3 and 8. Motion carried on roll call vote: •. AYES: NOES: ABSENT: GENERAL AGENDA ITEMS AWARD OF BIDS Miller, Chappell, Shearer, Tice, Browne None None BID NO. 77-37 Bids were received in the office of the REPOWER FIRE PUMPER Purchasing Agent up to 10:00 A.M., on Wednesday, November 17, 1976, and thereafter publicly opened and read. City Clerk verified receipt of the following bid: Crown Coach Corporation Labor $.5,175.00 Los Angeles, California Parts:- $14,052.92 Tax: $ 843.12 Total $20,071.04. Motion made by Chappell, seconded by Miller that the Council reject all bids received for the repowering of the fire pumper (F-14), and authorize Staff to rebid this project. • Motion carried. PUBLIC WORKS PRECISE PLAN NO. 676 Location: Southeast corner of West Covina ACCEPT IMPROVEMENTS Parkway and eastbound off -ramp of San Van Diest Bros., Inc. Bernardino Freeway. Motion by Chappell, seconded by Miller that the Council accept sanitary sewer and sidewalk improvements and authorize release of the Canadian Indemnity Company Faithful Performance Bond No. B391032 in the amount of $5,000. Motion carried. TRACT NO. 32980 Location: Southerly of Shadow Oak Drive, APPROVE FINAL , '' .:r'r' ` approximately 250 feet easterly of SUBDIVISION MAP Gemini Street (Woodside Village). Anden Corporation The City Attorney presented: RESOLUTION NO. 5347 A RESOLUTION OF THE CITY COUNCIL OF THE ADOPTED CITY OF WEST COVINA , CALIFORNIA, APPROVING FINAL MAP OF TRACT NO. 32980 AND ACCEPTING AN AGREEMENT BY THE SUBDIVIDER AND SURETY • BONDS TO SECURE THE SAME. Motion made by Shearer, seconded by Tice to waive further reading of the body of said resolution and to adopt Resolution No. 5347. Motion carried .on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None - 3 - CITY COUNCIL Public Works November 22, 1976 Page Four PROJECT NO. SP-76003 Location: Southwesterly of Holt Avenue, ACCEPT GRANT DEED between Grand Avenue and San Bernardino John R. Fitzgerald Freeway. • RESOLUTION NO. 5348 The City Attorney presented: ADOPTED A RESOLUTION OF,THE CITY COUNCIL OF THE CITY -OF WEST COVINA , CALIFORNIA, ACCEPTING A GRANT DEED EXECUTED BY JOHN R. FITZGERALD, AND DIRECTING THE RECORDATION THEREOF. Motion made by'Chappell, seconded by Miller to waive further reading of the body of said,resolution and to adopt Resolution No. 5348. Motion carried on roll.call vote.: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None FIVE YEAR PUBLIC Motion made by -Miller, seconded by Chappell WORKS PROGRAM, 1976-81 to accept and approve the Five Year Public _Works Program, 1976-81. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES• None ABSENT: None • ORAL COMMUNICATIONS Mr. W. Van Dyke Mr. Van Dyke reported that he has a small Service Appliance business some 300 feet off of Azusa Canyon 1213 Azusa Canyon Road Road with four buildings between his business West Covina, Ca. and the Road. Because of these circumstances he felt that he should have special consideration for signage. Mayor Browne explained certain ordinances cover signage, and requested that the Planning Director review the situation. Mrs. E. Fischbeck (President of the West Covina Council of 1137 Auburn Drive the Parent Teachers Association) West Covina, Ca. Mrs. Fischbeck reviewed the contest rules and contest for an official City of West Covina flag. She presented the winning design, the winning design minus reference to the bicentennial year, and the design suggested by Staff...Cost of production of the winning design (minus reference to the bicentennial year) would be $400.00 for the initial flag, less (exact figure unknown) for further production. Cost of the initial flag would be borne by the • Association and presented as a gift to the City, additional flags would be purchased at City expense. She requested the Council decide which, if any, design they would choose for an official City flag. Council considered the three designs., and discussed production costs to the City, noting that flying the flag at City Hall regularly could cost several hundred dollars a year for replacement, and that the flag should be reserved for special occasions. 4 - CITY COUNCIL Oral Communications November 22, 1976 Page Five Motion made by Chappell, seconded by Tice to accept the winning design, minus reference to the bicentennial year, as the official flag of the City of West Covina. Motion carried. • Mr. G. Strachen Mr. Strachen reported that the ceremony West Covina for lighting the official City Christmas Chamber of Commerce Tree will be on December 3, 1976, 5:00 P.M., and invited everyone to attend. Mr. J..'Da.visCESS Mr. Davis asked what course of action he 616 N. Vincent Ave. could take and how soon to reapply for a West Covina, Ca. driveway opening on Vincent Avenue which was den ed­�bylfhe Traffic Committee. Mayor Browne reviewed the premise for denial and the procedure by which he could reapply. THE MAYOR RECESSED THE COUNCIL MEETING AT 8:10 P.M. FOR THE PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. RECONVENED COUNCIL MEETING AT 8:55 P.M. HEARINGS VACATION OF EASEMENTS Location: West Covina Fashion Plaza. SYLVAN S. SHULMAN Set for Hearing on this date for protests INDEMNIFICATION - and/or objections from property owners FASHION PLAZA and/or other interested parties by PROTEST HEARING Resolution of Intention No. 5338 adopted October 25, 1976. Proof of Publication in the West Covina Tribune on November 4, 1976, and Affidavit of Posting on'November 5, 1976, received. Motion made by Chappell,_seconded by Shearer to receive and file Affidavits of Publication and Posting. Motion carried. Staff presented the Report and recommendation. PUBLIC HEARING No public testimony offered. RESOLUTION NO. 5349 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST-COVINA, CALIFORNIA, ORDERING THE VACATION OF CERTAIN EASEMENTS AND RIGHTS -OF -WAY LOCATED WITHIN WEST COVINA FASHION PLAZA COMPLEX. Motion made by Tice, seconded by Chappell to waive further reading of the body of said resolution and to adopt • Resolution No. 5349. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None - 5 - CITY COUNCIL Hearings - U.U.P. No. 71 UNCLASSIFIED USE NO. 71, REV. 5 (AMENDMENT) B.K.K. COMPANY SANITARY LANDFILL November 22, 1976 Page Six PERMIT Location: 2210 S. Azusa Avenue Modifications to Condition 19 of Unclassified Use Permit No. 71, Rev. 5 (Amendment) relating to the B.K.K. Company Sanitary Landfill. Set for Hearing on this date by Minute Motion on October 25, 1976. Proof of Publication in the.West Covina Tribune on November 11, 1976, received. Fourteen Notices mailed. PUBLIC HEARING OPENED TN FAVnR Mr. L. Tennan, Pres. B.K.K: Landfill Division 2210 S. Azusa Ave. West Covina, Ca. Staff presented -the Report and recommendation. (Sworn in by City Clerk.) Mr. Tennan stated that he felt the proposed modification to Condition 19 would provide the City with an additional fail-safe measure which his Company felt was appropriate. B.K.K. has been and will continue to be a responsible industrial resident, interested in the welfare and well-being of the citizens as well as the Company. IN OPPOSITION Mr. M. Gombert (Sworn in by City Clerk.) 1214 W. Everest Mr. Gombert concurred with the proposed West Covina, Ca. modification, but did not feel it went far enough because the dumping of dangerous chemicals into the ground must have an effect on our environment sooner or later. Much of the leakage in dump sites across the country over the years has been from "safe" tanks, in other words, anything that can go wrong will go wrong. If such tanks have to be dumped, it should be far from large centers of population. The money received from B.K.K. is not worth the risk to the safety of the citizens, and the City should not issue B.K.K. an unclassified use permit to protect the safety of the citizens. IN REBUTTAL Mr. Tennan Mr. Tennan stated that the B.K.K. site has been approved by all State and regional environmental agencies. The daily or frequent inspection of the site by the City and representa- tives from the State Health Department assure that "whatever can go wrong will go wrong" will not occur. There have been no major accidents or injuries at the site. No major incidents have occurred • at the site within the past two years. Odor complaints have usually been tracked down to other sources. The Company believes that short of a county -wide calamity there is no possible environmental damage from the B.K.K. site, and that every State agency will support that position. - 6 '- CITY COUNCIL November 22, 1976 Hearings - U.U.P. No.. 71 Page Seven IN OPPOSITION Mrs. R. Glegley (Sworn in by City Clerk.) West Covina, Ca. Mrs. Glegley stated that she has called • the Air Pollution Control Board some five times in the last,year and a half regarding odor; the last three of those times she also called the City. Of the first three calls, the APCB inspector reported twice the sulphuric odor was traceable to the B.K.K. site, and the third time it was traceable to another source. Her last complaint was approximately one week ago about a ba,d chemical smell, and she did not receive a report back as to the source. Staff explained the procedure by which complaints should be registered, how those complaints are checked, the follow-up contact, and the other sources of odor that affect the City. IN REBUTTAL Mr. Tennan Mr. Tennan reported that within the past two years, the site has not received a single warning,,violation notice or any infraction notice for an odor complaint. The Company welcomes identification of odor problems. (Reviewed other sources of odor.) • PUBLIC HEARING CLOSED COUNCIL DISCUSSION The Council concurred with the proposed amendment, thanked the citizens concerned for their interest, and Mr. Tennan for his and the Company's cooperation. RESOLUTION NO. 5350 The City Attorney presented: ADOPTED A RESOLUTION OF THE•CITY COUNCIL OF THE CITY OF WEST COVINA , CALIFORNIA, AMENDING CONDITION 19 OF UNCLASSIFIED USE PERMIT NO. 71, REVISION 5 '(AMENDED) PERTAINING TO THE DISPOSAL OF CERTAIN LIQUID WASTE. Motion made by Shearer, seconded by Tice to waive further reading of the body of said resolution and to adopt Resolution No. 5350. Motion carried on roll call vote: AYES: Millet, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None UNCLASSIFIED USE PERMIT Location:, 1549 E. James Avenue • NO. 216, NEGATIVE Request.: Approval of an unclassified use DECLARATION OF ENVIRON- permit to park a commercial vehicle on the MENTAL IMPACT premises in the R-1 (Single Family) STEVE KENNICK Residential Zone. - 7 - CITY COUNCIL Hearings - U.U.P. No. 261 November 22, 1976 Page Eight Denied by Planning Commission Resolution No. 2682. Appealed by the applicant on October 21, 1976. Proof of Publication in the West Covina Tribune on November ll, 1976) • received. Forty Notices mailed. Staff presented the Report and recommendation. PUBLIC HEARING OPENED TN FA IMR Mrs. S. Kennick (Sworn in by City Clerk.) 1549 E. James Ave. Mrs. Kennick presented a petition signed West Covina, Ca. by 27 immediate neighbors saying they would like to see Steve Kennick park his commercial vehicle on his property. Mrs. Kennick felt that Mr. Kennick should be allowed to park his vehicle at their residence because it has not been and would not be a nuisance or detriment to the neighbor- hood. He is able to enter the property from Garvey Avenue, a street constructed to carry the weight of the vehicle. As to being a benefit to the community (a required showing), driving the vehicle is his business, allows his family to live in, pay taxes to, and shop in the City. If not permitted to park at the residence, he would have to park the vehicle at another location • and would not be able to keep an eye on the vehicle, which is very expensive, or maintain it when necessary. Mr. M. Mills (Sworn in by City Clerk.) 118 Cherrywood Mr. Mills, a truck driver, stated that West Covina, Ca. he does not own a piece of property that would accommodate his vehicle, so he has to park it at another location. Often when he arrives to get the vehicle to start work,.he finds equip- ment stolen or tampered with, or spray can paint damage. He was in favor of anyone being permitted to keep their vehicle on their property, if possible, to keep an eye on it. He noted how well the applicant's property accommodated and shielded the vehicle. Mr. R. Vance (Sworn in by City Clerk.) 108 Cherrywood Mr. Vance reported that he has lived at West Covina, Ca. his dwelling for five years; the fir.s.t time he noticed the Kennick's commercial vehicle parked on their residential property was when he read the article in the Tribune concerning the Planning Commission Hearing. He has never been bothered by the noise. Since gravel, freightline and other trucks and buses use Garvey Avenue, the Kennick vehicle should be able to use Garvey also. He noted how well the applicant's property accommodated and shielded the vehicle. IN OPPOSITION None. PUBLIC HEARING CLOSED - 8 - 0 n LJ CITY COUNCIL November 22, 1976 Hearings - U. U. P. No. 261 Page Nine COUNCIL DISCUSSION Miller after asking Mrs. Kennick if her husband at any time services the West Covina area in his job (answered :in the n_e_gative) requested that his comments or this matter be recorded,. Miller: "I have stated before in the past that an unclassified use permit has to be judged on its own merit and given that it has to meet a certain criteria. Number (a), to me, then is the one in real question., It is obvious that the other parts of the permit can be reasonably explained as having been met. But, I feel that as the ordinance reads, you must meet all five conditions in order to be granted an unclassified use permit. I think what it basically comes down to in my way of thinking is, does this particular truck with the applicant from this particular location provide a service (a facility would not apply) --does a service exist? Given the fact that he commutes from his home to the business and at no particular point does he ever re-enter West Covina to make a delivery or a service (I was hoping that could be provided), I see no way that Number (a) has been met. Reading through the minutes, there has been some confusion and concern about an unclassified use permit in this particular type of situation. I will merely say for clarification of the record, so there is no question of doubt, we have had one unclassified use permit with this situation before us before. I stated at that time that that particular applicant had met Number (a), and I will still state that today. They provided a service to West Covina,: that service -was that they could relocate homes out of West Covina to other adjacent cities or whatever. In this particular case, there is no doubt in my mind that Number (a) has not been met. Given the ordinance, there is no way that I can support this unclassified use permit." Shearer noted, the similarity of the application to a previously approved unclassified use permit. He indicated his support for the application but stated that each U. U. P. must stand on its own merit. Tice stated that one similar unclassified use permit had been granted already, and that if the subject application was approved, it would go on and on. Chappell concurred with Tice and was in support of the Staff recommendation to remove parking of commercial vehicles from the unclassified use permit procedure.. Motion made by Tice, seconded by Miller to deny Unclassified Use Permit No. 216. Motion carried, four in favor, one opposed (Shearer). Mrs. Kennick asked if the vehicle could be brought onto the property for servicing. Staff advised that the Code prohibits the parking of a commercial vehicle in a residential zone; that would have to be interpreted to mean for any purpose. (City Attorney concurred.) Upon request by the Mayor, Staff reviewed the current status of the previous unclassified use permit granted to Mrs. Musich for parking of a commercial vehicle in a residential zone. • 0 n LJ CITY COUNCIL Hearings - U. U. P. No. 261 November 221, 1976 Page Ten Miller: "I disagree with the recommendation . (to remove the use). I still say that the conditions of the first unclassified use permit were met. True, it may be on some limited basis that only a few can apply, but as long as they can apply by the unclassified use permit standard, I feel they should have that right. We went through this the first time around. Those that can apply should have that right. I cannot see tonight changing it simply because we have had two cases before us;, I do not think two cases justifies throwing it out. So, I am not at this time going to be supportive of this." To clarify Miller's position, Shearer asked if in order to meet Number (a) the truck must have either a pickup or delivery in the City. Miller: "Right, you have to provide a service; the person himself from his home, not because he works for a company that is five miles away, and that company provides a service; that is the company. The unclassified use permit directs itself to the individual, his property and his truck. If we are going to talk about the company providing the service indirectly, we are going to have to change the unclas- sified use permit. In this case, there was no way that a service was provided by the individual with his truck to our community, period." CITY COUNCIL Hearings - U.U.P. No. 261 November 22, 1976 Page Eleven The -City. Attorney in response�to ;a:Counci l .question 'explained that the • unclassified use permit could be revoked after notice and public hearing if the conditions upon which the permit had been granted had not been complied with. If the conditions had been complied with, there would be no basis for revocation of the permit. Motion made by Tice, seconded by Chappell to instruct Staff to initiate proceedings for amendment of the zoning ordinance to remove from th'e.unclassified use permit procedure the restrictions upon the parking of commercial vehicles in residential zones. Motion carried - three in favor, two opposed (Miller, Shearer). THE MAYOR RECESSED THE COUNCIL AT 10:20 P.M. RECONVENED COUNCIL MEETING AT 10:30 P.M. CITY ATTORNEY ORDINANCE INTRODUCTION The City Attorney presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING PART 6 TO CHAPTER 3 OF ARTICLE VI OF THE WEST COVINA MUNICIPAL CODE TO AUTHORIZE THE ISSUANCE OF PERMITS FOR THE PLAYING OF • BINGO TO NON-PROFIT CHARITABLE ORGANIZATIONS CONSISTENT WITH SECTION 19 OF ARTICLE IV OF THE CONSTITUTION. Motion made by Chappell, seconded by Shearer to waive further reading of the body of the ordinance. Motion carried. Motion made by Chappell, seconded by Shearer to introduce said ordinance. Motion carried - four in favor, one opposed (Miller). ORDINANCE NO. 1320 The City Attorney presented: ADOPTED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,, AMENDING THE WEST COVINA MUNICIPAL CODE SO AS TO REZONE CERTAIN PREMISES, AND APPROVAL OF A PRECISE PLAN OF DESIGN. (Zone Change No. 505 and Precise Plan No. 684, Charles R. Cricks). Motion made by Tice, seconded by Shearer to waive further reading of the body of said ordinance. Motion carried. Motion made by Tice, seconded by Shearer to adopt Ordinance No. 1320. Motion carried on roll call vote: • AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None • n LJ CITY COUNCIL City Attorney November 225 1976 Page Twelve RESOLUTION NO. 5351 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN OF DESIGN NO. 680. (Joseph K. Eichenbaum) Motion made by 'Shearer, seconded by Chappell to waive further reading of the body of said resolution, and to adopt Resolution No. 5351. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None RESOLUTION NO. 5352 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA, APPROVING UNCALSSIFIED USE PERMIT NO. 212. (Fotomat Corporation) Motion made by Miller, seconded by Shearer to waive further reading of the body of said resolution, and to adopt Resolution No. 5352. Motion carried on roll call vote: AYES: NOES: ABSENT: RESOLUTION NO. 5353 ADOPTED Miller, Chappell, Shearer, Tice, Browne None None The City Attorney presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA, APPROVING UNCLASSIFIED USE PERMIT NO. 215. (Fotomat Corporation) Motion made by Chappell, seconded by Miller to waive further reading of the body of said resolution, and to adopt Resolution No. 5353. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None RESOLUTION NO. 5354 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING CERTAIN CITY -OWNED PROPERTY AS SURPLUS. Motion made by Tice, seconded by Chappell to waive further reading of the body of said resolution, and to adopt Resolution No. 5354. Motion carried on roll call vote: AYES: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None - 12 - CITY COUNCIL City Attorney November 22, 1976 Page Thirteen RESOLUTION NO. 5355 The City Attorney presented: ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO ENTER • INTO A JOINT POWER AGREEMENT WITH THE WEST COVINA UNIFIED SCHOOL DISTRICT FOR THE PURPOSE OF A SWIMMING POOL AT WEST COVINA HIGH SCHOOL. Miller to waive further to adopt Resolution No. AYES: NOES: ABSENT: CITY MANAGER Motion made by Chappell, seconded by reading of the body of said resolution and 5355. Motion carried on roll call vote: Miller, Chappell, Shearer, Tice, Browne None None HANDICAPPED AND ELDERLY Staff presented the Report. TRANSPORTATION NEEDS Motion made by Tice, seconded by Shearer to receive and file the Report on Handicapped and Elderly Transportation Needs. Motion carried. APCD EMERGENCY .. Staff presented the Report. EPISODE PLAN Miller: Requested his commerfts<be recorded. "Before.:l.could really -endorse this, there is one area I feel quite concerned about - the • recreational aspect. I do not feel that recreation should be stopped simply because we have smog alerts on Stage 2 and 3. I would like to see the Council continuing indoor recreation activity under Stage 2.and Stage 3. Given the fact that many of our recreation leaders are going to school, they would be coming from school (probably a lot of them) to work. Given the fact that they are already out in the community somewhere driving around, this will not deter them just to drive from school to home and just stay home. That doesn't, tome, -solve the. problem. Given the fact that the children who leave the school will go out into the community and create their own recreation one way or another, to me we should -:take the recreational program indoors. From a physiological standpoint, if.we take the recreation program indoors, we automatically take the younger kids and put them into a situation where they will be not quite as active, which, to me, should meet the intent of the State. As far as the older kids are concerned, their activity indoors in`a..gymnasium, etc., they can handle the smog a. lot easier than the little kids. So, I feel that shouldn't deter them from having to.go home because the gym is locked up. I can see where possibly the swimming pool is closed, and discouraging running around,:the,track•. Hard exercise in heavy smog is not the best for anyone. But., it is not realistic to • stop the whole program; children will'create their own recreation in the community anyway. I think we", have an obligation to continue some type of service, even under Stage 2; hopefully, never Stage 3. Stage 2 is more of a possibility. I would like to see this worded where we could have this type of activity during Stage 2 and Stage 3." Council discussed the recommendation, taking note of the frequency of Stage-2 and Stage 3 alerts and the time of day they generally occur. - 13 - CITY COUNCIL City Manager c November 22, 1976 Page Fourteen Motion made by Shearer, seconded by Tice to approve the APCD Emergency Episode Plan.: Motion carried - four in favor, one opposed (Miller). • THE MAYOR RECESSED THE COUNCIL FOR THE PURPOSE OF CONDUCTING AN EXECUTIVE SESSION RELATIVE MEET AND CONFER AT 10:50 P.M. THE COUNCIL MEETING RECONVENED AT 11:10 P.M. MAYOR'S REPORTS MAYOR'S APPOINTMENT TO Mayor Browne reported that when appointments EAST HILLS CITIZENS were made to the Committee, representation ADVISORY COMMITTEE from The Villas area was omitted. Motion made by Browne, seconded by Chappell to appoint Mrs. Audrey Lynberg,, ; a resident of The Villas, to the East Hills Citizens Advisory Committee. Motion carried. COUNCILMEN'S REPORTS/COMMENTS Tice requested Staff look into an addendum to the Public Works Bill, something referred to as Anti -Recessionary Monies, with the idea that these funds might be used to assist the Mid -Valley Mental Health Council. He also accepted the Report on Fire Works as submitted by Staff. • APPROVAL OF DEMANDS Motion made by Shearer, seconded by Tice to approve demands totalling $415,838.15 as listed on Demand Sheets U.C.B. Nos. 58061 through 58279. Motion carried on roll call vote: AYES.: Miller, Chappell, Shearer, Tice, Browne NOES: None ABSENT: None ADJOURNMENT Motion made by Shearer, seconded by Tice to adjourn the meeting at 11:15 P.M. until December 13, 1976 at 7:30 P.M. Motion carried. APPROVED: MAYOR • ATTEST: CITY CLERK - 14 -