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09-05-2000 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL SEPTEMBER 5, 2000 • The regular meeting of the West Covina City Council was called to order by Mayor Herfert at 7:45 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by City Manager Hobbs. PRESENTATION OF COLORS AND FLAG SALUTE Lt. Josh Neiheisel, Sgt. Chris Scott, and Sgt. Gabriel Hernandez, members of West Covina Explorer Post #499, presented the colors and led the Pledge of Allegiance. ROLL CALL Mayor Herfert, Mayor Pro Tem Wong, Councilmembers Howard, Melendez, Touhey Others Present: Hobbs, Fields, Alvarez-Glasman, Pidgeon, Schimanski, Wills, Fox, Hatch, McIsaac, Morgan, Bommarito, Samaniego, Hoppe, Berry APPROVAL OF MINUTES The following sets of minutes were approved as presented: Regular meeting of July 18, 2000 Special meeting of August 1, 2000 Regular meeting of August 1, 2000 PRESENTATIONS Elks Member John Hughes reported that the Elks attended the Jerry Lewis Muscular Dystrophy telethon at which time the City of West Covina presented a $50,000 check to fight MD. The money had been raised during the July Fourth celebration, primarily through the efforts of the West Covina Elks. Explorers Post #499 Police Chief Wills and Corporal Fernald, supervisor for the Explorers, introduced the Police Explorers who won "First Place Overall Team" at the annual Explorer Competition in April. -- Business sponsors of the West Covina Explorers recognized by the Explorers Post.for their support were: * Steve Bell, West Covina Chrysler Plymouth * Ed Schrier, Asst. Principal for West Covina School Dist. * Monique Rothermel, SGV Council of Boy Scouts * Father Maguire, Council of the Knights of Columbus * Don Woelke, California Highway Patrol, Needles Area. Personnel Commission Chairman Zeller presented the semi-annual employee recognition award to Dawn Ondatje, Senior Account • Clerk of the Police Department. She was nominated by her peers for this distinguished award. With the assistance of Coach Tony Valdez and Community Services Director Hatch, Mayor Herfert presented each member of the West Covina Girls Softball 2000 A.S.A., Ten and Under for becoming the State Champions. 9/5/00 Council Minutes With the assistance of Coach Derrick Dermont and Community Services Director Hatch, Mayor Herfert presented each member of the West Covina Pony Colt Baseball, Fourteen Year -Olds, for becoming the 2000 U.S. Champions. Mayor Herfert presented outgoing Senior Citizens Commissioner Marietta Palmer with a Certificate of Recognition for her out- standing work on the commission. ORAL COMMUNICATIONS Robert Tafoya Robert Tafoya, 2214 Calle Jalapa, felt there was a stall at the Planning Commission level to address the wild animal ordinance and reviewed the history of the `Moe the Chimp" issue and the situations in the neighborhood. Lollie Bergman Lollie Bergman, 847 Wescove Place, addressed the "Moe the Chimp" issue. She felt that there hasn't been equal enforcement of the City's ordinances in that neighborhood and asked about the total cost the City has incurred because of this particular issue. Royal Brown Royal Brown, 2153 Aroma Drive, reminded everyone of the BKK hearing scheduled for September 12u' at 7:00 pm in the City Hall Council Chambers. Michele Cosner Michele Cosner, 621 N. Maplewood, felt the City needed to move forward with the wild animal ordinance. The "Moe the Chimp" situation has been and continues to be very disruptive to the neigh- borhood. Brian Cosner Brian Cosner, 621 N. Maplewood, read a letter dated March 21, 2000, authored by Mayor Herfert and stating his opinion that the chimpanzee will not return to the City of West Covina. Linda Gavin Linda Gavin, 1023 E. Eckerman Avenue, read several code sections from the government code, vehicle code, and municipal code that are being violated in the neighborhood supporting "Moe's" owners. She urged the City to adopt the wild animal ordinance right away. She stated that she holds the City responsible for the stress and strain the whole issue has caused. Stanley Gavin Stanley Gavin, 1023 E. Eckerman Avenue, felt the wild animal ordinance should be passed as soon as possible and to disregard the proposed Conditional Use Permit. He wanted Council to "Give Vincent Street back to the residents." John Utterback John Utterback, 622 N. Vincent Avenue, urged Council to move ahead with the adoption of the wild animal ordinance as soon as possible. Gus Salazar Gus Salazar, Upland, discussed an incident twenty years ago when "Moe" jumped his wife and bit her arm. He and his wife sued with the intention of getting "Moe" out of the City as a dangerous • animal. At the time, warrants could not served because the owners and the chimpanzee appeared to have moved away. Consequently, the Salazars dropped the case because their goal had been satisfied. Carmen Salazar Carmen Salazar, Upland, recounted the incident twenty-three years ago when "Moe" bit her upper arm. 9/5/00 Council Minutes Cookie Nance Cookie Nance, 1236 W. Eckerman, asked for a clarification on a Release Form she had been asked to sign, relative to the settlement of a claim she filed against the City. Mike Miller Mike Miller, 735 E. Herring, discussed his submitted letter opposing the elimination of a risk management position. • Ed Casanova Ed Casanova, 809 S. Avington Avenue, announced his new position, Manager of Governmental Affairs for the San Gabriel Valley newspapers, and looked forward to continuing the good working relationship he has with the City of West Covina. Nancy Utterback Nancy Utterback, 622 N. Vincent Avenue, urged the adoption of the wild animal ordinance, currently stuck at the Planning Com- mission. She stated that her family has been harassed by "Moe's' owners, her neighbors. Jerry Whippie Jerry Whippie, 1048 E. Eckerman, asked for a quick resolution of the `Moe the Chimp" issue because of the disruption to the neigh- borhood and urged Council to approve the wild animal ordinance. Anthony Fairchild Anthony Fairchild, 2505 E. Thackery Street, stated that neighbors in his area wish to have their neighborhood included in the Covina School District, rather than the West Covina Unified School District. Mayor Herfert stated that the City Council is quite willing to listen about their wishes, but unfortunately, the audience they seek is the School District and urged them to begin with the Board of Trustees of the Covina Valley Unified School District.. Octavio DeAnda Octavio DeAnda, 2516 E. Thackery Street, spoke on the same topic as above, noting they would like their children to attend South Hills High School. Jacqueline Sanchez Jacqueline Sanchez, 838 S. Coral Tree Drive, also agreed with the re -zoning of the school district boundaries and submitted a petition of the neighborhood. Mayor Herfert noted that Lollie Bergman and Cookie Nance had questions and directed staff to contact them later. Recess Mayor Herfert called a recess at 9:23 pm. The City Council re- convened at 9:36 with all members present. Mayor Herfert stated that an item on the Redevelopment Agency Agenda entitled "Amar/Azusa Project" was pulled and would be considered at another meeting. HEARING APPEAL OF PLANNING COMMISSION ACTION RE: • DEVELOPMENT PLAN NO. 27, REVISION 1 CONDITIONAL USE PERMIT NO. 548 CONDITIONAL USE PERMIT NO. 549 Appeal Hearing Appellant: John Radford Applicant: Pichard Architects (Quail Ridge) Location: Northeasterly corner of Nogales and La Puente Rd. i1 9/5/00 Council Minutes City Clerk Berry verified the affidavits of mailing and posting. Mayor Herfert opened the appeal hearing and the staff report was presented by City Planner McIsaac. Public Testimonv Mayor Herfert opened the public testimony portion of the hearing and asked for testimony favoring the project. The following • addressed Council: In Favor: Douglas Jacobsen Douglas Jacobsen, spoke on behalf of the applicant and discussed the project site. Fred Burkhardt Fred Burkhardt, Executive Director of the West Covina Chamber of Commerce, spoke favorably of the project. Opposition: Mayor Herfert then asked for testimony opposing the project and the following individual addressed Council: John Radford John Radford, stated that although he was not in opposition to redevelopment he did have some concerns about the City issuing Conditional Use Permits for drive-thru establishments without knowing who the vendor/tenant was going to be and the hours of operation. Rebuttal: Douglas Jacobsen Mayor Herfert asked for rebuttal and the applicant's representative addressed the Council. Testimony closed Mayor Herfert closed the public testimony portion of the hearing and commenced Council discussion. Council comments favored the project, upholding the Planning Commission's actions. City Clerk presented: Resolution 2000-57 - RESOLUTION NO 2000-57 — A RESOLUTION OF THE approving Dev. Plan 27, Rev 1 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING DEVELOPMENT PLAN NO. 27, REVISION 1, ON APPEAL OF PLANNING COMMISSION ACTION Resolution 2000-58 - RESOLUTION NO. 2000-58 — A RESOLUTION OF THE approving CUP 548 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING CONDITIONAL USE PERMIT NO. 548, ON APPEAL OF PLANNING COMMISSION ACTION Resolution 2000-59 - RESOLUTION NO. 2000-59 — A RESOLUTION OF THE approving CUP 549 APPROVING CONDITIONAL USE PERMIT NO. 549, ON APPEAL OF PLANNING COMMISSION ACTION Motion by Touhey and seconded by Howard to waive further reading of the resolutions and adopt. Motion carried 5-0. HEARING APPEAL OF PLANNING COMMISSION ACTION RE: TENTATIVE TRACT MAP NO. 52956 VARIANCE NO. 1039 TREE REMOVAL PERMIT NO. 26 • Appeal Hearing Appellants: Charles McCain, Jr., Paul Tombrello, John/Noemi Lucchesi Applicant: Great Mountain, LP Location: 3146 East Virginia Avenue City Clerk Berry verified the affidavits of mailing and publishing. Mayor Herfert opened the hearing and City Planner McIsaac pre- sented the staff report. 13 9/5/00 Council Minutes • • Public Testimonv Mayor Herfert opened the public testimony portion of the hearing and the following individuals addressed the City Council: In Favor: C. Thomas Ruppert Thomas Ruppert, Project Coordinator for Great Mountain, presented two faxed letters from homeowners along Virginia Avenue expressing support for the development of the site. He discussed the work conducted on the project to meet the concerns of the neighbors in the area. He stated he was available to answer questions and sought Council's approval. Bill Peacock Bill Peacock, landscape architect for the project, discussed the landscaping intended for the project and the extensive landscape screening on the perimeter of the site. In Opposition: Mayor Herfert asked for comments from those in opposition to the project and the following addressed Council: Paul Tombrello Paul Tombrello, 3136 E. Virginia Avenue, presented a scaled - down model of the neighborhood depicting heights and views of the proposed development and the surrounding homes. He felt the project did not fit in with the characteristics of the neighborhood and explained why. Charles McCain Charles McCain, 3133 E Virginia Avenue, also presented a scaled - down model of the proposed development. He lives directly across the street from the proposed street to the five homes. He also pre- sented letters from realtor Jim Roderick, pictures of his house from the direction of the proposed street, and other related material. He believed, as the previous speaker, that the development was out of character with the neighborhood. Shonda Tombrello Shonda Tombrello, 3136 E. Virginia Avenue, noted that three years when they moved into their home, they had inquired as to future plans of the vacant hilly area and there were no plans at that time. Rebuttal: Mayor Herfert asked for rebuttal comments: Thomas Ruppert Thomas Ruppert, Project Coordinator, acknowledged the time and work expended in building the models by the McCains and Tombrellos, although he took exception to the rather rough scale. He addressed various concerns expressed by the two men. Testimony Closed Mayor Herfert closed the public testimony portion of the hearing. Council addressed the issue of property values, the proposed land- scaping and privacy issues, and the style of homes in the area versus those proposed on the five lots by the developer. City Clerk presented: Resolution 2000-60 - RESOLUTION NO. 2000-60 — A RESOLUTION OF THE certifying Neg. Dec. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE TRACT MAP NO. 52596, VARIANCE NO. 1039, AN THREE REMOVAL PERMIT NO. 26, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Resolution 2000-61 - RESOLUTION NO. 2000-61 — A RESOLUTION OF THE approving TT 52596 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING TENTATIVE TRACT MAP NO. 52596, E 9/5/00 Council Minutes TREE REMOVAL PERMIT NO. 26, ON APPEAL OF PLANNING COMMISSION ACTION Resolution 2000-62 - RESOLUTION NO. 2000-62 — A RESOLUTION OF THE approving Variance 1039 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING VARIANCE NO. 1039, ON APPEAL OF PLANNING COMMISSION ACTION • Motion by Howard and seconded by Wong to waive further reading of the resolutions and adopt. Motion carried 3-2 with Touhey and Herfert voting no. Recess Mayor Herfert called a recess at 12:05 am. The City Council reconvened at 12:20 am with all members present. HEARING CONTINUED INFORMATION PUBLIC HEARING — FY 2000/2001 BUDGET ADOPTION FY 00/01 Budget City Manager Hobbs presented a recap of the remaining general fund challenge and how Council reached that point. He noted that approximately $200,000 remains for Council to address. He then reviewed a list of new and old options available to the City Council. Council discussion ensued regarding various options and the applicable impacts on the budget, particularly the purchase of one fire truck and deferring the purchase of a second, purchasing and/ or deferring the purchase of police vehicles, and purchasing bullet proof vests for fire fighters. Staff responded to questions and comments. Motion Motion by Howard and seconded by Wong for FY 2000/2001 to draw down $310,000 from the Fleet Management Fund to fund one of the two fire trucks. The second fire truck would be purchased as originally proposed in the budget. The motion would eliminate $147,000 of ALS, and would bring the budget within $1000 of balance. Motion carried 3-2 with Touhey and Herfert voting no. Motion Motion by Howard and Wong to approve the budget, with the above change leaving $1000 remaining to be addressed. Lengthy Council discussion ensued. Motion carried by roll call vote: AYES: Howard, Wong NOES: Melendez, Touhey, Herfert Council discussed further the issue of finding police vehicles from Fleet Management since the fund would be repaid and funding bullet proof vests for the firefighters. Recess Mayor Herfert called a recess at 2:08 am to give time to Channel 56 to change video tapes. Council reconvened at 2:17 pm with all members present. • Motion Motion by Herfert to adopt the budget with the following changes: * Set aside the proceeds from the sale of the water company into a separate account. All police vehicles and one fire engine will be purchased this year from the fleet management fund. * Fire proof vests will be purchased for each firefighter from additional sales tax revenue. M 9/5/00 Council Minutes * Deduct $35,000 from the City Attorney's account to fund a Risk Management position until an audit/study can be done on the workload. Motion was seconded by Melendez. Motion carried by roll call vote: AYES: Howard, Melendez, Touhey, Herfert • NOES: Wong City Clerk presented: Resolution 2000-63 - RESOLUTION NO. 2000-63 — A RESOLUTION OF THE adopting FY 00/01 budget CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, ADOPTING THE CITY OF WEST COVINA OPERATING BUDGET, REDEVELOPMENT AGENCY BUDGET, CAPITAL IMPROVEMENT PROGRAM AND LOCAL ENFORCEMENT AGENCY BUDGET AND APPROVING THE APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2000 AND AMENDING JUNE 30, 2001 Motion by Herfert and seconded by Melendez to waive further reading of the resolution and to adopt. Motion carried by roll call vote: AYES: Howard, Melendez, Touhey, Herfert NOES: Wong CONSENT CALENDAR Commission Summary of Actions (receive & file) Community Services 6/13/00, 7/11/00 Personnel 6/14/00, 6/28/00, 6/29/00, 9/5/00 Planning 8/8/00, 8/22/00 Senior Citizens 8/10/00 Temporary Use Permits (receive & file) TUP # 2603-00 was issued to Centex Homes at Hillside Drive (Lot No. 50) for a sales trailer on 6/9/00. TUP #2604-00 was issued to West Covina Buddhist Temple at 1203 W. Puente Avenue for an Obon Festival on 7/l/00. TUP 42605-00 was issued to South Hills Home Partnership (Hassen Development) at 1270 Inspiration Point for a construction office trailer on 6/17/00 through 9/12/00. TUP #2606-00 was issued to West Covina Elks at 1305 E. Cameron Avenue for a Chili Cook Off Independence Day from 6/30/00 through 7/4/00. TUP #2607-00 was issued to Ortho Mattress at 450 N. Azusa Avenue for a rooftop balloon from 7/l/00 through 7/30/00. TUP #2608-00 was issued to First Financial at 1600 W. Cameron Avenue for an auto sale from 7/5/00 through 7/16/00. • TUP #2609-00 was issued to West Covina Community Services at 1200 Lakes Drive for a summer concert series from 7/13/00 through 8/24/00. TUP #2610-00 was issued to Chick's Sporting Goods at 2753 Eastland Center Drive for a tent sale from 8/11/00 through 8/20/00. TUP #2611-00 was issued to Norm Reeves Honda at 1840 E. Garvey Avenue for a promotional sign from 8/1/00 through 8/31/00. 7 9/5/00 Council Minutes • Gopher Patrol of Ontario Acceptance of Improvements/Release of Bonds Principal: Brookfield South Hills Inc. Location: Vicinity of Hillside Drive and Westridge Drive Recommendation is to: 1) Accept onsite and offsite improvements for Tract No. 42169, Lots 40 through 47 and Tract No. 47809, Lots 1 through 3, 10 and 11 and authorize release of General Accident Insurance Company of America, Bond No. SB 0044863 in the amount of $54,000. 2) Accept onsite and offsite improvements for Tract No. 47809, Lots 4, 5, and 6 and authorize release of General Accident Insurance Company of America, Bond No. SB 0041687 in the amount of $11,000. 3) Accept onsite and offsite improvements for Tract No. 42169, Lots 9 through 18, 30 through 38, and 48 through 53 and Tract No. 47809, Lots 12 through 14 and authorize release of General Accident Insurance Company of America, Bond No. SB 0041701 in the amount of $65,000. Principal: Auto Zone Location: 730 North Azusa Avenue Recommendation is to accept onsite improvements for Precise Plan No. 867 and authorize release of Performance Bond No. 190662347 by National Fire Insurance Company of Hartford in the amount of $121,000. Traffic Committee Minutes (accept & file) Minutes of the regular meeting held August 15, 2000. Award of Bid Second One -Year Extension of the Rodent Control Contract Recommendation is to authorize a second one-year extension of rodent control to Gopher Patrol of Ontario, at an annual cost of $23,160. Miscellaneous — Police Department Appropriating the Third -Year OCJP Domestic Violence Grant Funds Third -Year OCJP Grant Funds Recommendation is to take the following actions: * Approve the addition of two more salary steps to Victim Advocate classification, in accordance with Personnel standards ($18.52 Step 4, $19.45 Step 5); and * Authorize the appropriations of the additional grant award ($90,000), added to previous appropriations, as follows: • $23,280 into 142-320-2110-5112 (funds for part-time Victim Advocate) • $$2,440 into 142-320-2110-5XXX (benefits for Victim Advocate) 0 $26,240 into 142-320-2110-5113 investigations overtime) 0 $4,180 into 142-320-2110-6050 training) • $1,500 into 142-320-2110-6112 • $2,500 into 142-320-2110-6120 YWCA/WINGS) • $5,000into 142-320-2110-6210 (domestic violence (mandatory grant travel and DV (Mandatory audit of the grant) (consulting/training by (supplies for Victim Advocate) • $1,000 into 142-320-2110-6212 (printing) • $5,260 into 142-320-2110-6220 (emergency response kits) • $10,000 into 142-320-2110-6270 (VA stipends) • $3,000 into 142-320-2110-7130 (computer equipment) • $5,600 into 142-320-2110-7160 (equipt, and digital cameras) $90,000 TOTAL 9/5/00 Council Minutes Miscellaneous — Personnel Services Approval of Revised Class and Job Description for Police Lieutenant Recommendation is to adopt the following resolution: • Resolution 2000-64 - RESOLUTION NO. 2000-64 — A RESOLUTION OF THE Police Lieutenant CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING RESOLUTION NO. 7223, RELATING TO CLASSIFICATION AND COMPENSATION OF POSI- TIONS, AS AMENDED, AND APPROVING THE REVISIONS TO THE POLICE LIEUTENANT CLASS SPECIFICATION Miscellaneous — Fire Department Amendment to Agreement for Exchange of Paramedic Services Between the City of West Covina and Los Angeles County Exchange of Paramedic Services Recommendation is to approve the amendment to the agreement for exchange of paramedic service between the City of west Covina and the Consolidated Fire Protection District of Los Angels County. This amendment will increase the City's service call charge to the County from $105 to $175 per call, thereby allowing the Fire Department to recover the full cost of providing medical service outside of the City for the County. Miscellaneous — Public Services Funding for Soils Engineering in the Vicinity of Belinda Street Converse Consultants - Recommendation is to appropriate $7,000.00 from Maintenance Soils Engineering Services District No. 4 Contingency Reserve (fund 84) to Operating Account No. 184-320-2264-6117 to fund a third party geotechnical review by Converse Consultants in the vicinity of the 2400 block of Belinda Street. Approval of Selling Tax -Defaulted Property — Walnut Creek Channel Tax -defaulted Property Recommendation is to authorize the Mayor and City Clerk to execute an agreement for'the sale of tax -defaulted property to Los Angeles County (located Walnut Creek Channel westerly of Willow Avenue). Treasurer's Report (receive & file) Report for the month of July, 2000, CONSENT CALENDAR ACTION Motion by Howard and seconded by Melendez to waive further reading of the resolutions and adopt, and to approve all other items listed on the Consent Calendar. Motion carried by roll call vote: AYES: Howard, Melendez, Touhey, Wong, Herfert NOES: None • PUBLIC SERVICES No reports for this meeting. Mayor Herfert stated that he would have to abstain from the dis- cussion and vote on the following issue, per agreement resulting from a lawsuit settlement with BKK. G1 9/5/00 Council Minutes • ENVIRONMENTAL MANAGEMENT BKK CLASS III LANDFILL LANDSCAPE PLAN AMENDMENT FOR THE PARTIAL FINAL CLOSURE PLAN — PHASE C BKK Council reviewed the staff report. Phase C — Landscape Motion by Howard and seconded by Melendez to authorize staff to amend the Phase C Landscape Plan of the Partial Final Closure Plan to be consistent with the golf course design if approved by the City Council. Motion carried 4-0-1 with Herfert abstaining. REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting at 2:32 am to convene the Redevelopment meeting. The City Council recon- vened at 2:35 am with all members present. COMMUNITY SERVICES PUBLIC SAFETY No reports for this meeting. No reports for this meeting. ADMINISTRATIVE SERVICES No reports for this meeting. APPROVAL OF DEMANDS AND WIRE TRANSFERS Motion by Howard and seconded by Herfert to ratify Demands totaling $2,017,141.26 (wire transfers = $1,406,110.58) as listed on check registers 3023270 through 3023599. Motion carried by roll call vote: AYES: Howard, Melendez, Touhey, Wong, Herfert NOES: None ABSTAIN: Touhey re Community Food Bank Motion by Howard and seconded by Herfert to approve Demands totaling $4,883,067.36 (wire transfers = $3,790,816.77) as listed on check registers 3023600 through 3023974. Motion carried by roll call vote: AYES: Howard, Melendez, Touhey, Wong, Herfert NOES: None ABSTAIN: Touhey re Community Food Bank MAYOR'S REPORT Mayor Herfert requested a report from staff on Gemini Street traffic conditions for an upcoming Council meeting. Mayor Herfert noted that in regards to the budget, this year's budget has been the most educational for him. He reported on the areas that he was most pleased. COUNCILMEMBERS' REPORTS VOTING DELEGATES FOR NATIONAL LEAGUE OF CITIES — 2000 CONGRESS Council reviewed the staff report. Mayor Herfert asked if anyone was planning on attending and there was no response from the other Councilmembers. 10 9/5/00 Council Minutes COUNCILMEMBER MELENDEZ — PROPOSITION 36 — SUBSTANCE ABUSE AND CRIME PREVENTION ACT Proposition 36 Councilmember Melendez addressed this issue as he had requested that it be placed on the agenda for Council consideration. Motion by Melendez and seconded by Howard to direct staff to prepare a resolution in opposition to the proposition for Council to take action. Motion carried 5-0. COUNCILMEMBER MELENDEZ — COUNCIL MEETING DATE Councilmember Melendez stated that he would be absent from the September 27`s Council meeting and asked for Council considera- tion in changing that date. Council discussion followed and then Council concurred on keeping the September 27'" date as scheduled. CITY MANAGER'S REPORT No reports for this meeting. ADJOURNMENT Motion by Howard and seconded by Touhey to adjourn the meeting at 2:45 am in memory of Walt Henzel. Motion carried 5-0. Attest: City Clerk Janet $eyfy >. v is 11