11-16-2004 - Regular Meeting - Minutes•
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
November 16, 2004
Mayor Miller called to order the regular meeting of the West Covina City Council at 7:09 pm in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina, California. Pastor Kelly DuPee of
Faith Community Church gave the invocation and Councilmember Wong led the Pledge of Allegiance.
ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson, Councilmembers
Herfert, Hernandez (arrived at 7:27 pm), and Wong
Others Present: Pasmant, Alvarez-Glasman, Yauchzee, Durbin, Freeland, Rush,
Granados, Alcala, Hoppe, Morgan, Samaniego, Dewus, Fields,
Dettor, Taylor, Wills, Elliott, Bachman, Palkhiwala, Hudson, Berry
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported that all members were
present for the special meetings which commenced at 6:03 pm; all
items listed on the agenda were announced, and in regards to the
City Council items: a) staff briefed the Council on labor
negotiations, received direction, no final action was taken by the
Council and there is nothing further to report, b) one potential case
of anticipated litigation was discussed; and c) the other potential
case of anticipated litigation, the performance evaluation, and the
two existing litigation matters were all held over. The two items
scheduled for CDC were not discussed and held over until the
conclusion of the regular meeting.
APPROVAL OF MINUTES John Scheuplein, West Covina resident, requested a revision to the
comments he made at the September 21 City Council meeting.
Councilmember Wong corrected the meeting times indicated in the
November 2"d meeting (6 pm meeting). The following sets of
minutes were approved as amended:
Regular meeting of September 21, 2004
Special meeting of October 5, 2004
Special meeting of November 2, 2004 (5:00 pm)
Special meeting of November 2, 2004 (6:00 pm)
PRESENTATIONS The City's Blue Star Program video was aired.
Mayor Miller presented a Blue Star poster to Julie Shewmaker -
Barrette, wife of Sgt. Mark Barrette, USMC, and a poster to his in-
laws, John and Caryn Shewmaker.
Mayor Miller called forward Betsey Dougherty, Neill Noble, and
Daniel Delgado of Dougherty & Dougherty, the architectural firm
that designed the Cameron Community Center/Gymnasium. The
firm received three awards for the facility design and presented
them to Mayor Miller. He noted that they would be hung in the
Cameron Park community center.
Mayor Miller presented retiring City Clerk Janet Berry with a
resolution of commendation, a City tile, and a Council plaque for
her twenty-five years of dedicated service to the City. City Clerk
Council Minutes of 11/16/04
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Berry was pleased to receive an outgoing gift from Council -
member Herfert as well.
Commission Appointment City Clerk Berry announced the appointment of Colleen Rozatti to
the Planning Commission. Ms. Rozatti was appointed by Council -
member Sanderson to replace Commissioner Tarozzi who recently
moved out of the City.
CHANGES TO THE AGENDA No changes offered.
ORAL COMMUNICATIONS David Teragawa of the East San Gabriel Valley Japanese
Community Center announced the annual installation dinner to be
held at the end of January and invited the City Council and City
Manager to attend.
Chuck McCain Chuck McCain, West Covina resident, voiced several complaints
about the workers on the Great Mountain development project in
his neighborhood.
Paul Tombrello Pal Tombrello, West Covina resident, agreed with the previous
speaker concerning the Great Mountain project.
Lloyd Johnson Lloyd Johnson, West Covina resident, made several comments:
a) the CDC stipend is certainly deserved, but this is not the best
time for it, b) the speed limit around Orange & Badillo should be
reduced, c) kudos to Councilmember Herfert and Public Works
Director Yauchzee for handling the sidewalk issue on Badillo.
Mayor Miller requested the matter be referred to the Traffic
Committee for review and a report back.
Cookie Nance Cookie Nance, West Covina resident, suggested that Mayor Miller
had been on the take when he worked as an employee.._
Rose Mary Keefer Rose Mary Keefer and Albert Ochoa, West Covina residents,
Albert Ochoa requested consideration for a stop sign at the corner of Chenywood
and James Street. They explained the traffic problems in the area.
Marisela Gonzales Marisela Gonzales, West Covina resident, concurred with the
previous speakers concerning the need for the requested stop sign.
Mayor Miller requested staff to review the situation and
report back.
Ed Scheidler Ed Scheidler, West Covina resident, noted that the subject matter
of Amendment No. 03-03 (parking trailers, RVs) was supposed to
have come back to Council during September and it is still out-
standing.
City Manager Pasmant stated that staff has been working
on it and he would report back to Council with a status.
John Scheuplein John Scheuplein, West Covina resident, reminded Council of the
past commission appointment process where Council conducted
interviews by subcommittees and the final appointments were
confirmed by the Council as a whole.
Joanne Wilner Joanne Wilner, West Covina resident, inquired about the status of
the recreational vehicle parking issue and asked about the purpose
of the town hall meeting, to which Mayor Miller explained.
Tyra Mason Tyra Mason, West Covina resident, promoted the Farmers' Market
held every Saturday from 8 am to 2 pm and encouraged everyone
to attend and enjoy themselves.
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Council Minutes of 11/16/04
Glen Delameter Glen Delameter, West Covina resident, noted that it was sweeper
day and there is a massive leaf problem in his neighborhood every
year about this time. He also complained about a City worker,
whom he could not identify.
City Manager Pasmant stated that he would follow-up.
DEPARTMENTAL MATTERS CITY MANAGER'S OFFICE
Continuing Operations of the BKK Landfill
BKK Operations Special Counsel Lennard presented the staff report and responded
to questions and comments of the Council.
Royal Brown Royal Brown, West Covina resident, asked questions concerning
the operation of the landfill site and suggested monthly updates on
the CDC agenda.
Mayor Miller responded that the City is trying to a) keep all
regulatory agencies communicating with each other, b) to get
everything done as it should be, and 3) keep communicating with
the public.
John Scheuplein John Scheuplein, West Covina resident, asked questions about
ground water leakage and proposed wells.
Special Counsel Lennard explained the extraction wells and
ground water remedies as well as which agency would be over-
seeing the work.
Councilmember Herfert asked for a written opinion from the City
Attorney as to any possible conflicts with the issues, concerning
both himself and the Mayor.
Councilmember Wong suggested that status reports be placed on
the City Council agenda and the City's website, and to include
links to any other information that the City Council has access to in
connection with the site.
Special Counsel Lennard clarified insurance annuity issues.
Motion by Hernandez and seconded by Herfert to receive and file
the written and verbal reports. Motion carried 5-0.
MAYOR'S REPORTS Reconsideration of Commissions' Stipends
Reconsideration of Stipends Mayor Miller elaborated on the staff report and his written request
to the City Council to not consider the matter at the November 2"d
meeting and wait until he had returned.
The following members of the public expressed their opinions:
Glen Welch
Glen Welch, West Covina resident
Joanne Wilner
Joanne Wilner, West Covina resident
John Scheuplein
John Scheuplein, West Covina resident
Corey Warshaw
Corey Warshaw, West Covina resident
John Shewmaker
John Shewmaker, West Covina resident
• Art Velasquez
Art Velasquez, West Covina resident
Councilmembers expressed their views on setting the stipend for
CDC at $1200/month at this point in time.
Motion
A substitute motion was offered by Herfert after the discussion,
motion by Herfert and seconded by Hernandez to table (hold over
indefinitely) the item. Motion carried 3-2 with Wong and Miller
voting no.
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Council Minutes of 11/16/04
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Recess Mayor Miller called a recess at 10:08 pm. The City Council
reconvened at 10:23 pm with all members present.
Items for Hold Over The City Council concurred on holding the following items
over until another upcoming Council meeting:
Subiect Matter Future Date
Potential Sale of Unimproved Shadow Oak Park land 12/7
Charter City Designation 12/7
Appointment to S.G.V. Mosquito & Vector Control District 12/7
Sister City Kurobane, Japan Update 12/7
Issues re Mayor's Rotation & Council Reorganization 11/23
CONSENT CALENDAR Commission Summary of Actions (none submitted)
Ordinance for Adoption (waive reading & adopt)
Ordinance 2123 ORDINANCE NO. 2123 — AN ORDINANCE OF THE
Azusa/Amar Speed Limits CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AMENDING SECTION 22-132 OF THE WEST
COVINA MUNICIPAL CODE RELATING TO DECREASES OF
STATE LAW MAXIMUM SPEEDS
Approval of Final Map (waive reading & adopt)
Parcel Map No. 60859
Location: 3630 E. Temple Way
Subdivider: Henry Melendez — Dynamic Investments
Resolution 2004-95 RESOLUTION NO. 2004-95 — A RESOLUTION OF THE
Parcel Map 60859 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING FINAL MAP OF PARCEL MAP NO.
60859 LOCATED AT 3630 E. TEMPLE WAY AND DIREC-
TING THE RECORDATION THEREOF (Henry Melendez —
Dynamic Investments)
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Award of Bids
Construction of Landscape Improvements on Rowland Avenue
Project Nos. SP 03111 and SP 05105
Rowland Ave. Landscape Recommendation is to accept the bid of Nativ Engineering, Inc. in
Nativ Engineering, Inc. the amount of $308,659.55 as submitted at the bid opening on Oct.
13, 2004 and authorize the Public Works Director/City Engineer
and City Clerk to execute an agreement with Nativ Engineering,
Inc. of Reseda, CA for the work to be done.
Non -Coin Operated Telephones
Jail phones Recommendation is to accept the bid of Inmate Communications
Inmate Communications Corp. Corporation of Van Nuys, CA, to install, maintain, and operate
non -coin pay telephones in the City's jail.
Miscellaneous — City Clerk's Office
Consideration of Joining the Urban Wildlife Management Assn
MOU with UWMA Recommendation is to approve joining the Urban Wildlife
Management Association and authorize the execution of the
Memorandum of Understanding.
Miscellaneous — City Manager's Office
Cancellation of the December 21, 2004 City Council Meeting
Recommendation is to cancel the meeting due to a light agenda.
Miscellaneous — Police Department
Introduction of Ordinance to Correctly Classify Two Traffic
Violations (waive reading & introduce)
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
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Traffic Violation Classifications WEST COVINA, CALIFORNIA, AMENDING SECTION 1-37.1,
CHAPTER 22 OF THE WEST COVINA MUNICIPAL CODE,
CORRECTLY CLASSIFYING TWO TRAFFIC VIOLATIONS
AND SETTING BAIL AMOUNTS
• CONSENT CALENDAR ACTION Motion by Herfert and seconded by Hernandez to waive further
reading of the resolution/ordinances and adopt/introduce as
appropriate; and to approve all other items except: C-5a and C-6b.
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
Item C-5a In relation to Item C-5a (Award of Bid — Landscape
Improvements), Joanne Wilner, West Covina resident, encour-
aged the City to be prudent in the planting of landscaping for
future maintenance. Public Works Director Yauchzee addressed
the plans and maintenance of the project.
Motion by Herfert and seconded by Hernandez to approve
the staff recommendation. Motion carried 5-0.
Item C-6b In relation to Item C-6b (Cancellation of December 21" Council
meeting), John Scheuplein, West Covina resident, opposed the
cancellation of any of the regular meetings.
Motion by Herfert and seconded by Hernandez to conduct
the meeting as regularly scheduled. Motion carried 5-0.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
CITY ATTORNEY
Amendment to West Covina Municipal Code, Section 2-44
Relatine to Motions for Reconsideration
City Attorney Alvarez-Glasman presented the staff report and
responded to Council questions.
John Scheuplein John Scheuplein, West Covina resident, supported the staff
recommendation.
Council discussion ensued regarding the proposed change to the
Municipal Code and the implications of that on actions available to
Councilmembers not on the prevailing side of a vote.
Councilmember Wong suggested that Council change the
ordinance to either: a) nothing happens without at least a three -
affirmative vote or allow for when there is an absence of
Councilmembers to be able at least a reintroduce because the
absent Councilmember(s) may have arguments that the others
hadn't heard.
City Clerk Berry presented:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
CHAPTER 2, SECTION 2-44 PERTAINING TO MOTIONS TO
RECONSIDER
• Motion by Herfert and seconded by Sanderson to waive
further reading of the ordinance and introduce. Motion carried by
the following vote of the Council:
AYES: Herfert, Hernandez, Sanderson
NOES: Miller
ABSTAIN: Wong
MAYOR'S REPORTS (CONTINUED)
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Motion to Reconsider Pre -Annexation Agreement for
Nogales High School
Nogales High School Mayor Miller elaborated on the staff report and expressed his
opinion on the matter and the way in which it was handled at the
last Council without two of the Council present. Police Chief
Wills addressed the supplemental report concerning police
response to the high school.
John Scheuplein John Scheuplein, West Covina resident, commented on Chiefs
report.
Walt Hauser Walt Hauser, president of the Police Officers Association, spoke in
opposition to the annexation of Nogales High School into West
Covina, due to the strain on the Police Department.
Joanne Wilner Joanne Wilner, West Covina resident, expressed her concerns.
After Council comments, a motion was offered by Herfert to hold
this matter over until the December 7ch Council meeting. A
substitute motion was offered by Hernandez and seconded by
Sanderson to receive and file the staff report. The substitute
motion failed 2-3 with Herfert, Wong, and Miller voting no.
Motion to hold over Motion by Herfert and seconded by Miller to hold over the
matter until December 7, 2004, and the Police Chief to set a
meeting with Herfert and anyone else to discuss the critical issue
of response times. Motion carried 4-1 with Hernandez voting no.
Mayor Miller announced a Holiday Tribute to Elba Comeau has
been scheduled by West Covina Beautiful for December 14`h and
he encouraged any interested persons to attend.
Mayor Miller requested staff to look into establishing a program
honoring community volunteers.
COUNCILMEMBERS' REPORTS
Update on Quail Ridge Shopping Center Renovation
Council reviewed the staff report.
Herb Redholtz Herb Redholtz, West Covina resident, noted his support for the
time extension as discussed in the staff report.
Motion by Herfert and seconded by Sanderson to receive
and file the status report. Motion carried 4-1 with Hernandez
voting no.
Councilmember Sanderson discussed an article in the Tribune with
misinformation concerning Foothill Transit and she clarified that
the City of West Covina is very supportive of Foothill Transit.
Councilmember Hernandez requested staff reports on the
following matters:
* The Baldwin Park Executive Team concept by the
December 7, 2004 Council meeting.
* Expediting engineering services by contracting out for it.
* Prospect of reversing the code amendment that permitted
the Quail Ridge Shopping Center to include a storage
facility.
Councilmember Herfert suggested that the City Council have a get
together with the all the commissioners. Mayor Miller suggested
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ADJOURNMENT
Attest:
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City Clerk Ja et Berry
further that prior to one of the December meetings, perhaps at 5:00
pm a social be arranged for all the commissioners to attend.
Councilmember Hernandez suggested that a workshop be set for
the City Council to work on goals and objects for the next year.
Mayor Miller adjourned the meeting at 11:38 pm.
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Mayor MichaeT L. Miller