08-17-1999 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
August 17, 1999
The regular meeting of the West Covina City Council was called to order by Mayor Howard at
7:40 p.m. in the City Hall Council Chambers, 1444 West Garvey Avenue, West Covina,
California. The invocation was offered by City Manager Dan Hobbs and the Pledge of
Allegiance was led by Mayor Pro tem Melendez.
ROLL CALL Mayor Howard, Mayor Pro tem Melendez,
Councilmembers Herfert, Touhey, Wong
Others Present Hobbs, Fields, Buchanan, Martyn, Mayer, Keating,.
Samaniego, Greene, Schimanski, Wills, King,
Bommarito, Bonaparte, McIsaac, Pidgeon, Yauchzee,
Lillig, Williams, Chavarria, Chung, Leon, Santilli,
Nyugen, Morgan, McDonald, Tucker, Hauser
APPROVAL OF MINUTES The minutes of the following meetings were approved as
presented:
Regular meeting of July 20, 1999
Special meeting of August 3, 1999 (Closed Session)
PRESENTATIONS Mayor Howard presented Communications Director Jack
Keating with a Certificate of Recognition for his service as
President of the Association of Public -Safety
Communications Officials - International. City Manager
Hobbs also offered his congratulations.
Mayor Howard presented Senior Code Enforcement
Officer Richard Bonaparte with a Resolution of
Commendation and a City Tile in recognition of his 36
years of service to the City of West Covina.
Senior Building Official Shannon Yauchzee introduced the
newly -hired Code Enforcement Officer Ralph Lillig.
New -hire Richard McCauley, was unable to attend the
meeting.
HEARING 1999 CONGESTION MANAGEMENT PROGRAM
(CMP) CONFORMANCE SELF -CERTIFICATION
Deputy City Clerk Buchanan verified the affidavit of
publication. Mayor Howard opened the hearing and City
Planner McIsaac presented the staff report.
Testimony closed No public testimony was offered and Mayor Howard
closed the public testimony portion of the hearing. No
Council discussion was offered.
Deputy City Clerk Buchanan presented:
Resolution 9727 - RESOLUTION NO. 9727 - A RESOLUTION
CMP Conformance OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, FINDING THE CITY TO
BE IN CONFORMANCE WITH THE CONGESTION
City Council Minutes
August 17, 1999
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MANAGEMENT PROGRAM (CMP) AND
ADOPTING THE CMP LOCAL IMPLEMENTATION
REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089.
Motion by Wong and seconded by Herfert to waive
further reading of the resolution and adopt. Motion
carried 5-0.
CONSENT CALENDAR Commissions Summary of Actions (receive & file)
Community Services 7/13/99, 7/29/99
Planning 8/10/99
Personnel 7/14/99, 7/20/99
Temporary Use Permits (receive & file)
TUP's TUP #2526-99. Ziad Alhassen/Academy Tent at 2000
East Garvey Avenue South for a tent sale from 6/30/99
through 8/7/99.
TUP #2527-99. Brook Furniture at 551 North Azusa
Avenue for a sidewalk sale and balloon from 7/15/99
through 7/18/99,
TUP #2528-99. Chicks Sporting Goods at 2753 Eastland
Center Drive for a parking lot sale and roof -mounted
balloon from 8/13/99 through 8/22/99.
TUP #2529-99. Community Services (City of West
Covina) at Edwards Theater for summer concerts on
Thursdays starting on 7/15/99 until 8/19/99.
TUP #2530-99. Super Remate De Autos at 821 South
Glendora Avenue for a car sale on 7/16/99.
Miscellaneous - Public Services
Project No. SP-99105 - Orange Avenue and Willow
Avenue Street Rehabilitation Work
Project No. SP-99105 Recommendation is to approve the plans and
specifications for the revised Project No. SP-99105 and
authorize the City Engineer to call for bids.
Landscape Maintenance District No. 7 - Extension of
Landscape Maintenance Agreement
Landscape Maintenance Recommendation is to extend the Maintenance District
District No. 7 No. 7 contract with Aloha Landscape of West Covina for
a period not to exceed six months at which time staff will
prepare contract specifications to bid Maintenance District
No. 7 in unison with Maintenance District No. 6.
Miscellaneous - Environmental Management
Opportunity Grant for Construction of Electric Vehicle
Char2ma Station
Electric Vehicle Recommendation is to take the following actions:
Charging Stations 1) Approve the City's participation in the grant request as
proposed by the adoption of the following resolution
entitled:
RESOLUTION NO. 9728 - A RESOLUTION OF THE
Resolution 9728 CITY COUNCIL OF THE CITY OF WEST COVINA,
EV-Ready Community Program, CALIFORNIA, ENDORSING AND INITIATING .
THE CITY'S EV-READY COMMUNITY PROGRAM
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August 17, 1999
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BKK Status Report
2) Authorize the Environmental Management Director to
solicit possible locations for new charging stations, should
the City decide to apply under the Major Destinations
Category of the EV Charge grant; and
3) Appropriate a maximum of $15,000 to fund 137-2319-
7160 to co -fund the project selected.
BKK Landfill Closure Plans Status Report
Recommendation is to receive and file the report.
Miscellaneous - Community Services
Final Financial Report on 1999 Rose Parade Float
Recommendation is to receive and file the report.
Claims for Action (deny & notify claimant)
Michael Raymond Gallagher vs City of West Covina
On June 4, 1999, the City Clerk's Office received a claim
for use of excessive force and bodily injury in the amount
of $25,000,000.00 general damages and $25,000,000.00
punitive damages.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to approve all
items listed on the Consent Calendar except Item B-4b.
Motion carried by roll call vote:
AYES:Herfert, Melendez, Touhey, Wong, Howard
NOES: None
Item B-4b - LMD No. 7 Motion by Herfert and seconded by Touhey to approve
Item B-4b. Motion carried by roll call vote:
AYES: Herfert, Melendez, Touhey, Howard
NOES: None
ABSTAIN: Wong (conflict of interest)
PUBLIC SERVICES RECLAIMED WATER SUPPLIED BY THE CITY OF
INDUSTRY
City Engineer Tom Mayer presented the staff report.
Reclaimed Water Motion by Herfert and seconded by Melendez to
authorize the City Manager to send a non -binding Letter
of Interest to use reclaimed water to be supplied by the
City of Industry. Motion carried 5-0.
CLARIFYING REVISION TO MUNICIPAL CODE
SECTION 23414 DEALING WITH THE
MAINTENANCE OF SEWER LATERALS
City Engineer Tom Mayer made the staff presentation.
Maintenance of Sewer Laterals Mayor Howard asked for clarification of the
citizen's cost in regards to the location of the repair. Mr.
Mayer responded.
Ms. Howard stated her opposition to holding
citizens responsible for the growth of trees planted by the
City.
City Manager Hobbs noted that staff was
introducing language that it feels clarifies the existing
policy and what the intent has been.
Mayor Howard expressed her disagreement with
the current practice and suggested that Council direct staff
to bring this item back after further study.
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Councilmember Wong suggested that the newer
members of the Council be provided a copy of the 1995
staff report to get a clearer understanding of the
homeowners' $500 limit of liability.
Motion by Howard and seconded by Touhey to
hold this item over for further study. Motion carried 5-0.
ENVIRONMENTAL MANAGEMENT No reports for this meeting.
COMMUNITY DEVELOPMENT Redevelopment Agency
Mayor Howard recessed the City Council meeting at 8:06
p.m. to convene the Redevelopment Agency. The City
Council meeting was reconvened at 8:07 p.m. with all
members present.
PLACEMENT OF AMERICAN FLAGS ON
HOLIDAYS
Redevelopment Agency Director Chung made the staff
presentation.
Placement of American Flags Councilmember Wong expressed concerns with
removing some of the City banners and suggested that the
flags be hung in other areas of the City where there are no
banners.
Mayor Howard suggested that the flags be placed
in the center median along Glendora and Azusa Avenues.
After a brief discussion, Council decided to
approve staff's recommendation and directed staff to bring
back additional locations to Council for approval.
Motion by Herfert and seconded by Melendez to
approve the Flag Program and direct staff to solicit bids
and purchase the required materials and services to
implement the program in time for the next scheduled
holiday, Veterans' Day, which is November 11, 1999.
Motion carried 5-0.
COMMUNITY SERVICES No reports for this meeting.
PUBLIC SAFETY SERVICES Police Department
Appropriating the Federal COPS Domestic Violence Grant
COPS Domestic Violence Grant Police Chief Wills presented the staff report.
Mayor Pro tem Melendez asked if we will have the
collaborative efforts of the Citrus Municipal Court. Chief
Wills responded noting that there will be representatives
from the Court working with the Domestic Violence team
and that he feels comfortable with the design of the
program.
Motion by Touhey and seconded by Herfert to take
the following actions:
* Authorize the appropriation of the grant award into
the following accounts:
$ 63,522 132-304-2110-5111
8,182 132-304-2110-5151
8,082 132-304-2110-5152
90 132-304-2110-5153
127 132-304-2110-5154
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921 132-304-2110--5155
64 132-304-2110-5156
14,240 132-304-2110-5157
360 132-304-2110-5159
64,572 132-304-2110-5113
24,960 132-304-2110-5112
17,218 132-304-2110-7160
15,885 132-304-2110-6050
28,377 132-304-2110-6220
53,400 132-304-2110-6110
* Approve the creation of the additional permanent
full-time Police Officer position.
* Approve the creation of the part-time, grant -funded
Project Director (Administrative Analyst I)
position, to exist only for the life of the grant.
Motion carried 5-0.
ADMINISTRATIVE SERVICES Finance Department
Proposed Computer System
Finance Director Tucker presented the staff report along
with a PowerPoint presentation.
Proposed Computer System Councilmember Wong inquired on the impact on
loss productivity at Y2K with the current system. Ms.
Tucker responded that there has been issues to arise (date
and formatting issues), but those have been dealt with as
they arise. She added that as the bugs appear, staff's
confidence level starts to wane. Councilmember -Wong
asked if there were a Y2K problem, what would the
impact be on productivity and/or costwise. Ms Tucker
responded the with a processing error, staff would have to
wait for the programmers to arrive. If the programmers
are tending to similar problems with their other clients,
they would more than likely be stretched pretty thin. As
far as cost, it should be covered under our current
contract with them.
Mr. Wong stated that he didn't see in the contract
where SCI was warrantying their system to be Y2K
compliant and noted that he would like to see the warranty
in writing. Ms. Tucker assured him that the clause would
be added.
City Manager Hobbs noted that the new system is
designed to be on-line and Y2K compliant before the end
of the year. He also expressed the City's intention to run
the current system and the new system parallel for sixty
days to assure accuracy.
Councilmember Touhey expressed the same
concerns as Mr. Wong and stated that he wanted a clause
that warrants liability added to the contract.
Mayor Pro tem Melendez raised concerns
. regarding the burden of responsibility if the City is
without service, if citizens are inconvenienced and/or if
public safety/health issues arise. He wanted to know
exactly what is the guarantee.
Councilmember Wong interceded with a scenario
and asked what financial responsibility would SCI bear
under the circumstances. City Attorney responded that
public agencies in California are immune from most of
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August 17, 1999
those kinds of damages under recent Federal legislation
that protects governmental agencies.
City Manager Hobbs invited the SCI representative
to the podium to address the guarantees, liabilities and
damages.
Scott Modde, SCI Sr. Market Consultant, noted
• that the contract could be amended to include whatever the
Council deemed necessary.
Public Comments Ed Casanova, asked the City to broaden their
horizons as to who their clientele really is with this
system. He noted that the Chamber has been diligently
pursuing data that is "trapped" in the City's walls. He
questioned the term "on-line" and it's meaning in regards
to this new computer system. Additionally, he challenged
the worth of relying on the COBOL system as being
compliant even for sixty days.
COUNCIL ACTION Motion by Melendez and seconded by Touhey to
authorize the City Manager to execute a contract with SCI
for computer hardware, software, conversion and related
consulting services identified in the staff presentation for a
fee not to exceed $485,000, with additional annual support
not to exceed $60,000. Council further directed staff to
amend the proposed contract to reflect a clause that
warranty liability on behalf of the vendor. Motion carried
5-0.
Recess Mayor Howard called a recess at 8:57 p.m. The City
Council reconvened at 9:16 p.m. with all members
present. At this time, Mayor Howard called on City
Attorney Martyn to give a report.
CITY ATTORNEY City Attorney Martyn announced that the City Council has
given direction to defend a lawsuit brought on by
Westfield against the West Covina Redevelopment
Agency.
GENERAL ADMINISTRATION City Clerk
Commission Appointment Process & Current Recruitment
Commission Appointment
City Manager Hobbs introduced the item for discussion
Process
and Councilmember Wong made the presentation.
Councilmember Herfert asked -if the current
Council Questions/Comments
process will move forward if, in fact, this proposed
process is not approved at this meeting. Councilmember
Wong responded that if the proposal is approved at this
meeting, then Council will have the opportunity to review
the submitted applications along with a pool of interested
citizens.
Public comments
Royall Brown, 2153 Aroma Drive, asked Council
Royall Brown
to keep the current process. He noted that the current
process allows each commissioner to stand on his/her own
merits and not on politics.
John Scheuplein
John Scheuplein, 1520 E. Newcrest Dr.,
expressed his opposition to the proposed process.
E.T. Snell
E.T. Snell, stated that the proposed process is
nothing but a dictatorship and expressed his opposition to
it.
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Ed Casanova
Ed Casanova, explained why he liked the current
commission process and noted that he is opposed to
changing it as proposed.
Dane Johnson
Dane Johnson, 1048 Silverbirch Place, stated that
he marked neutral on his speaker card because he was not
opposed to re -thinking the selection process. He
expressed that instead of revamping the entire process,
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perhaps the current process can be fine-tuned.
Lollie Bergman
Lollie Bergman, 847 Wescove Place, noted that
she admired Councilmember Wong for attempting to
"right" some things that have been evidently "wrong".
She added that she has witnessed the many different ways
that commissioners have been appointed and urged the
Council not to change the ordinance, but to change the
practice.
Corey Warshaw
Corey Warshaw, 3330 E. Holt Avenue, explained
his support of a change in the commission selection
process.
Bill Singleton
Bill Singleton, 243 N. Leland Avenue, expressed
that the proposed process would be "politicizing" the
commissions and, therefore, feels that the process should
remain as it is.
Council discussion
Councilmember Wong stated that he felt that there
were misconceptions about what he was trying to
Councilmember Wong
accomplish. He stated that his proposal will allow each
Councilmember to conduct any interview process they
desire to make a sensible choice. He added that he feels
that this process will create stability on the commissions.
Councilmember Herfert
Councilmember Herfert noted that when he
interview for the commissions, he is looking for the most
skilled individuals. He reminded the Council of their
authority to remove commissioners now without issuing
new policy. He also expressed that when the process is
changed, the way the City operates changes and it doesn't
serve the citizens of West Covina in the best light.
Councilmember Touhey
Councilmember Touhey stated that he does not
support the proposed process. He noted that last year he
and Mayor Howard reached a consensus, made
recommendations and received approval from the other
members of the Council. He expressed that he felt it
important to get a consensus of the Council which ensures
a balance of views in the selection process. He concluded
by stating that he would like to keep the current process in
place and wanted to begin interviewing applicants as soon
as possible.
Councilmember Wong
Councilmember Wong responded to earlier
comments saying that he will give due consideration to all
applicants. He continued by revisiting the process of
removing commissioners that took place in 1994. He
noted that each Councilmember having his/her choice of
an appointment is what makes this process fairer than
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what took place in 1994.
Mayor Howard
Mayor Howard noted that any appointment that she
makes will be from the general community. She stated
that this process will give each member of the Council an
opportunity to reappoint or to bring new faces to the
commissions. She concluded that she would support the
proposed process and will be happy to change her vote if,
in fact, the process doesn't work out.
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Mayor Pro tem Melendez
Mayor Pro tem Melendez took exception to the
notion that there is a 3-2 Council majority. He went on to
say that he has always voted independently. He stated that
he would support the proposal because it has merit, noting
that allowing Councilmembers to represent its' residents is
fair, honest and reasonable.
Councilmember Touhey
Councilmember Touhey asked for clarification of
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eligibility. He wanted to know if only those who
submitted applications were eligible; or if eligibility
included those that did not apply.
Councilmember Wong
Councilmember Wong responded that the intention
is for all interested parties exercise the opportunity.
Mayor Howard
Mayor Howard explained that if this item passes,
then it will be an open process where those interested
residents who did not submit an application may obtain
one from the City Manager's Office or make contact with
any one of the Councilmembers.
Ordinance introduction
Deputy City Clerk presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, REVISING WEST
COVINA MUNICIPAL CODE CHAPTER 2,
ARTICLE III, BOARD AND COMMISSIONS.
COUNCIL ACTION Motion by Wong and seconded by Howard to waive
further reading of the ordinance and introduce. Motion
carried by roll call vote:
AYES: Melendez, Wong, Howard
NOES: Herfert, Touhey
APPROVAL OF DEMANDS Motion by Wong and seconded by Melendez to approve
checks #187230 through #187501 totaling $727,683.58
and wire transfers totaling $1,310,703.38, for a demand
total of $2,038,386.96. Motion carried by roll call vote:
AYES: Melendez, Touhey, Wong, Howard
NOES: None
ABSTAIN: Herfert (no chance to review prior to vote)
Touhey (re: Community Food Bank)
ORAL COMMUNICATIONS
Royall Brown Royall Brown, 2153 Aroma Drive, raised concerns re the
public's knowledge of a joint meeting scheduled for
August 23Id between the Planning Commission and the
Waste Management & Environmental Quality
Commission. Mr. Brown feels that proper notice of the
meeting has not been afforded the public.
Dan Hobbs City Manager Hobbs responded that staff has
recognized the importance of the August 23r° meeting and
plans are to televise the meeting live on WCCT-TV. The
meeting will be replayed in the interest of community
information.
• Doug McIsaac City Planner McIsaac mentioned that when the EIR
was released for review on July 23rd, staff sent out some
1,400,notices to residents and businesses within a 500-ft.
radius of the landfill announcing the meeting and the
availability of the EIR. Additionally, the notice of same
was published in the local newspaper as well as on the
City's website, along with a summary of the EIR.
Finally, the City's consultant is preparing a PowerPoint
presentation in an effort to educate the public.
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E.T. Snell
E.T. Snell, spoke on several issues including BKK
and seeking assistance in exonerating himself of a crime
of which he was wrongly accused.
Councilmember Wong
Councilmember Wong responded to Mr. Snell that
the City Council does not have the authority to overturn a
jury verdict and suggested that he seek the advice of an
attorney for options he may have.
John Scheuplein
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John Scheuplein, 1520 E. Newcrest Drive, read
excerpts from an anonymous letter he received. The letter
addressed the misuse of authority by some employees and
Councilmembers, the morale at City Hall and other issues.
Councilmember Wong
Councilmember Wong responded to Mr.
Scheuplein's comment with an explanation of why Oral
Communications were moved closer to the end of the
agenda.
Councilmember Touhey
Councilmember Touhey suggested that those
persons wishing to address Council on a. non-agendized
item, be allowed to speak after persons speaking on items
that are on the agenda. He also suggested that Council
meet with the Police Chief to try and bring some closure
to Mr. Snell's issue.
Councilmember Herfert
Councilmember Herfert mentioned that to move a
subject matter to another part of the agenda is at the
Mayor's discretion. He also stated that he agreed with
some of the issues brought out.in the anonymous letter.
He went on to say that there is a lot of negativity in West
Covina right now, and the divisiveness among the Council
only breeds more negativity.
Robert N. Tafoya
Robert N. Tafoya, 2214 Calle Jalapa, thanked the
City Manager for promptly responding to a written
request he sent. He asked that the Council set some dates
for the public meetings regarding the sale of the water
system. He also asked that some time be set aside at the
beginning of Council meetings to address the water sale
issue. In closing, he noted the position of his group
(Citizens Against the Water Sale) is that the City can offer
the citizens a better price at a 10% discount and they wish
to keep local control of the water system.
Clement Johnson
Clement Johnson, 2603 Paseo Olivas, noted that he
is opposed to the sale of the water and would like for
Council to schedule some town hall meetings as soon as
possible.
Frank Michaud
Frank Michaud, 1038 E. Workman, wanted to
know what happens to the Commissioners whose terms
are not over. Mayor Howard responded that the
commissioners will serve until their replacements are
appointed.
MAYOR'S REPORT None
• COUNCILMEMBERS' REPORTS
Traffic Conditions on Aroma Drive - Herfert
Councilmember Herfert requested staff study the traffic
conditions at Galster Way and Aroma Drive. He
suggested that staff solicit the opinions of residents that
travel in the area. Mr. Herfert also requested that staff
agendize the matter of having someone to man the site of
a traffic study to get residents' input.
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Councilmember Herfert Councilmember Herfert stated that the City's volunteer
base is sliding. Secondly, he noted that he doesn't have
the support of staff anymore. He had made the request for
a legal audit and, after a year, it still hasn't materialized.
He also noted that he had requested transcripts and never
received them.
Mayor Howard Mayor Howard stated for the record that she had not made
any additional request for transcripts, but that the
transcripts Councilmembers received in their packets were
dies of the ones she had read at the meeting.
Mayor Pro tem Melendez Mayor Pro tem Melendez requested the following items be
agendized: a) -a moratorium on any new permits for
alcohol sales; b) monuments at the City's entrances/exits;
and c) ways to identify service clubs in the City.
Councilmember Touhey Councilmember Touhey stated that monument signs were
approved in 1995, but the money was taken out of the
budget and put back into the Redevelopment General
Fund. He noted that money has been budgeted for the
signs for the past four years. Mr. Touhey expressed some
concerns regarding alcohol sales.
CITY MANAGER'S REPORT City Manager Hobbs expressed that the political attacks
against himself and others are unfair and unfortunate and
any negativity that's being spread is not coming from the
office of the City Manager.
ADJOURNMENT Motion by Howard and seconded by Touhey to adjourn
the meeting at 11:05 in memory of Ernie "Pappy"
Papenfus and to direct staff to send condolences to the
family. Motion carried 5-0.
yor Kathr n Howard
ATTEST:
City Clerk JarietBer
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