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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 • • 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. 2 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. 3 Council Minutes of 11/16/04 • • 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) r 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 0 Council Minutes of 11/16/04 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) 5 Council Minutes of 11/16/04 C� 0 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 0 Council Minutes of 11/16/04 C]A 0 ADJOURNMENT Attest: 104 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. ` v Mayor MichaeT L. Miller