07-18-2000 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
JULY 18, 2000
• The regular meeting of the West Covina City Council was called to order by Mayor Herfert at 7:36 pm
in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Hobbs gave
the invocation and Mayor Herfert led the Pledge of Allegiance.
ROLL CALL Mayor Herfert, Mayor Pro Tern Wong, Councilmembers Howard,
Melendez, Touhey
Others Present: Hobbs, Fields, Tucker, Wills, Schimanski, Hernandez, Smilowitz,
Leonard, Keating, Koppel, Genovese, Greene, Hatch, Samaniego,
Paul, Mayer, Pidgeon, Garcia, McIsaac, Jenkins, Fong, Lee, Berry
APPROVAL OF MINUTES The following minutes were approved as presented:
Special meeting of April 20, 2000 (Council/RDA)
Special meeting of May 30, 2000 (Budget Study Session)
Special meeting of June 22, 2000 (Budget Study Session)
Special meeting of July 5, 2000 (Closed Session)
Regular meeting of July 5, 2000
Special meeting of July 11, 2000 (Closed Session)
ANNOUNCEMENT Mayor Herfert stated that the closed session scheduled for 6:00 pm
this evening as noted in the Notice of Special Meeting was
incorrectly noted as 7:30 pm on its corresponding agenda.
Because of that inconsistency, Council did not meet in closed
session and it may be held at the end of this meeting.
PRESENTATIONS Police Chief Wills introduced a video taped regarding "Every 15
Minutes," a program conducted this year at South Hills High
School to emphasize the importance of separating drinking and
driving. He introduced the Police Officers and S.H.O.P. volunteers
who put it on at the school.
Mayor Herfert recognized the July 41h Celebration volunteers and
City staff who assisted with this year's five-day celebration.
Mayor Herfert presented a gift to Interim City Attorney Colin
Lennard for stepping in to help the City while the search for
another law firm was underway.
Reporting Out From Closed Session
Mayor Herfert stated that the City Council had held a closed
session on July 11, 2000, to interview the final three recommended
law firms and chose the legal firm of Alvarez-Glasman & Colvin.
He then introduced Mr. Arnold Alvarez-Glasman and Mr. Roger
• Colvin.
ORAL COMMUNICATIONS
Lani Arciniega Lani Arciniega, 2428 Belinda Street, and Robert Marshall spoke
on behalf of their neighbors, that the slope behind their homes in
the Shadow Oak Park area is moving and causing cracks in all their
homes. They asked for City assistance in resolving the problem.
Council Minutes of f7/18/00
•
•
Mayor Herfert referred the matter to staff with a directive
that the matter be scheduled on a future agenda with a report to
Council,
Marina Montenegro Marina Montenegro, president of the San Gabriel Valley Hispanic
Chamber of Commerce, stated her Chamber's support for the pro-
posed Visioning Program (Item No. J-2).
Cookie Nance Cookie Nance, 1236 W. Eckerman, read a letter written by Lisa
Erickson regarding the return of Moe the Chimp to West Covina.
Frances Nelson Frances Nelson, 1049 E. Casad, discussed the return of Moe the
Chimp to West Covina.
Mayor Herfert informed the audience that the City Council
is sympathetic to the concerns on both sides of the "Moe the
Chimp" issue. However, the City Council is participating in a
court ordered mediation process and cannot discuss the issue
further.
Dorothy Kirby Dorothy Kirby, 1234 Orange Grove, Pomona, asked for Council's
help in resolving the mistaken spelling of her daughter's name on
the Queen of the Valley Hospital wrist band worn by her daughter.
Mayor Herfert explained that the City doesn't have
authority over the hospital but requested the City Clerk to contact
the hospital for her.
Lani Arciniega Lani Arciniega, 2428 Belinda Street, complained that basketball
players are using air horns, whistles, etc. on the basketball courts
as early as 6:00 am on the weekends.
The City Council expressed concern for the neighbors and
Community Services Director Hatch stated that he understood that
the problem has been addressed and resolved. He would look into
it further.
HEARING FIRST SUPPLEMENTAL WEED AND
RUBBISH ABATEMENT LIST
First Supplemental List City Clerk Berry verified the affidavit of mailing. Mayor Herfert
opened the hearing and Fire Chief Greene presented the staff
report.
Public Testimonv Mayor Herfert opened the public testimony portion of the hearing
and asked for objections or comments.
none No one addressed the City Council.
As there were no comments from the audience, Mayor Herfert
Testimony closed closed the public testimony portion of the hearing.
Motion by Wong and seconded by Howard to order the abatement
of weeds and rubbish on those properties described in Resolution
of Intention No. 2000-13. Motion carried 5-0.
HEARING CONTINUED INFORMAL PUBLIC HEARING —
FY 2000-2001 RECOMMENDED BUDGET
Finance Director Tucker presented the staff report with a power -
point presentation,
FY 2000/2001 Budget Mayor Herfert and Councilmember Touhey asked for clari-
fication on several funds and the changes made in the information
supplied in the packet versus what was delivered on Monday night.
Ms. Tucker responded to each question throughout the discussion.
01
Council Minutes of 177/18/00
•
•
Public Testimony Mayor Herfert asked for comments and the following addressed
Council:
Mike Miller Mike Miller, 735 Herring, requested a copy of the recent infor-
mation and commented on the 3% @ 50 issue, drawn down on
reserves, the proposed elimination of one of the Risk Management
Coordinator positions, and the Risk Management funding sources.
Testimony closed
Mayor Herfert closed the public testimony portion of the hearing.
Action Motion by Wong and seconded by Melendez to hold over
deliberations on the budget until the August I" Council meeting
and to direct staff to provide Council with the most current,
accurate information, and Councilmembers to provide questions in
writing to the Finance Director with all members receiving a copy
of all the responses. Motion carried 5-0.
CONSENT CALENDAR Commissions' Summary of Actions (receive & file)
Planning 7/5/00
Community Services 5/9/00
Senior Citizens' 5111100
Miscellaneous — Public Works
CIP & Building Activity Report (receive & file)
Report for Second Quarter of 2000.
Location Designation for Traffic Signal on Azusa Avenue, north of
Manilla Way Recommendation is to designate the traffic signal just north of
Amar Road on Azusa Avenue "Manilla Way."
Heritage Gardens Proiect
Heritage Gardens Project Recommendation is to authorize a grant to the Historical Society in
the amount of $63,100 subject to City Council approval of the FY
2000/2001 Operating Budget (Funds 114, 163, and 175) for
restoration work on the Taylor House. Project oversight will be
the responsibility of the City Manager's Office.
Miscellaneous — Environmental Management
BKK Landfill Closure Plans Status Report
Recommendation is to receive and file the report.
Secretary I to Secretary II Upgrade of Department's Secretary I Position to Secretary II
Recommendation is to approve the upgrade of the Environmental
Management Department Secretary I position to Secretary II.
Miscellaneous — Community Services
Skate Junction Property Skate Junction Property
Recommendation is to direct staff discontinue reviewing the Skate
Junction property for possible acquisition.
CONSENT CALENDAR ACTION Motion by Touhey and seconded by Herfert to approve all items
listed, except C-2b, C-2d, and C-2f. Motion carried by roll call
vote:
AYES: Howard, Melendez, Touhey, Wong, Herfert
NOES: None
3
Council Minutes of f7/18/00
C-2d In relation to Item C-2d (BKK Landfill Closure Plans Status
Report), Mayor Herfert stated that he would abstain from the vote
on this item, based on a past lawsuit settlement with BKK
Motion by Touhey and seconded by Wong to receive and
file the report, as recommended. Motion carried 4-0-1 with Herfert
abstaining.
isC-2b In relation to Item C-2b (Traffic Signal Designation on Azusa
Avenue/Amar Road), Councilmember Wong thanked Council for
allowing time for citizen input on the naming of the signalized
location.
Grace Barrios Grace Barrios, 2438 Nadine Street, Community Services
Commissioner, thanked Council for recognizing the Filipino
heritage in the naming of the intersection "Manilla Way."
Linda Santos Linda Santos, 1825 W. Farlington Street, spoke as the president of
the Filipino -American Chamber of Commerce. She expressed
appreciation for the opportunity to request suggested names from
the citizens and looked forward to continued interactions with the
City.
Tony Galman Tony Galman, 1421 E. Harvest Moon Street, thanked Council for
naming the street with a Filipino name. It means a lot to the
Filipino community.
Action on C-2b Motion by Howard and seconded by Wong to approve the
name of"Manilla Way."
C-2f In relation to Item C-2f (Skate Junction property), Councilmember
Touhey expressed a desire to explore future uses at this site a little
longer.
Motion by Touhey and seconded by Wong to hold over this
item. Motion carried 5-0.
END OF CONSENT CALENDAR
Recess Mayor Herfert called a recess at 10:01 pm. The City Council re-
convened at 10:18 pm with all members present.
PUBLIC SERVICES No reports for this meeting.
ENVIRONMENTAL MANAGEMENT
BKK CLASS III LANDFILL LANDSCAPE —
SCHEDULE FOR COMPLETION
BKK Landscape Schedule Mayor Herfert stated that he would need to abstain on this issue,
due to a past lawsuit agreement with BKK.
Environmental Services Director Samaniego presented the
staff report.
Royal Brown Royal Brown, 2153 Aroma Drive, commented on the lack of land-
scaping to this day, although promised in the settlement agreement.
Motion by Howard and seconded by Wong to receive and file the
report pending Council's review of BKK's options upon submittal.
Motion carried 4-0-1 with Herfert abstaining.
I,
Council Minutes of f7/18/00
•
I
REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting at 10:27 pm to
conduct the Redevelopment Agency meeting. The City Council
reconvened at 10:35 pm with all members present.
COMMUNITY SERVICES No reports for this meeting.
FIRE DEPARTMENT 1) MEDICAL WASTE RECYCLING PROGRAM
Medical Waste Recycling Fire Chief Green introduced Captain Alex Rodriguez, who
spearheaded this program and gave the staff report.
Council commented, questioned Captain Rodriguez, and
spoke favorably of the new program.
Motion by Touhey and seconded by Herfert to
approve the pilot program for medical waste recycling.
2) MUNICIPAL CODE AMENDMENT — ALS FEES
Advanced Life Support Fees Fire Chief Green presented the staff report, noting that the
program as proposed anticipates a 60% recovery rate.
Several Councilmembers expressed opposition to imple-
menting ALS fees. Some of the reasons stated:
* Violates Proposition 218.
* Should be put to a vote of the people.
* Double taxation.
Mayor Pro Tem Wong asked the City Attorney if ALS fees
violates Proposition 218. Interim City Attorney Lennard
responded in the negative, stating that the ALS fees do not
violate Prop 218 as they are not taxes.
City Clerk Berry presented:
Ordinance failed introduction AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 2-409 OF THE MUNICIPAL
CODE RELATING TO THE SCHEDULE OF REES AND
SERVICE CHARGES
Motion by Wong to waive further reading of the
ordinance and introduce. Motion died for lack of a second.
Motion by Touhey and seconded by Herfert to receive and
file the report. Motion carried 5-0.
POLICE DEPARTMENT REVISED JPA FOR PARTICIPATION IN THE
FOOTHILL AIR SUPPORT TEAM (FAST)
REGIONAL HELICOPTER PROGRAM
Helicopter Program (FAST) Police Chief Wills presented the staff report and responded to
questions. Councilmember Wong was concerned that the cost to
each participating city has been based solely on population, but
each city receives an equal amount of coverage. It would be more
equitable if cities were to receive the same proportional amount as
their costs.
Motion by Touhey and seconded by Melendez to take the
following actions:
a) Approve participation in the Foothill Air Support Team
Regional Helicopter Program, authorize the expenditure of
$65,683.00 for 52 weeks of service (sharing the costs of
operation with the participating cities), plus $4,000.00 for
E
Council Minutes of f1/18/00
•
•
any unanticipated expenses for a total of $69,683.00, and
accept the terms of the JPA.
b) Authorize the appropriation of $69,683.00 from the Sup-
plemental Law Enforcement Services Fund (Fund 155) for
this purpose through June 30, 2001.
c) Approve a motion that prohibits the City Manager, Chief of
Police, or any other member of staff, while representing the
City of West Covina on a Joint Powers Authority, from
voting to incur any indebtedness, bonded or otherwise, or
exercising the power of eminent domain without the formal
support of the West Covina City Council.
Motion carried 4-1 with Wong voting no.
ADMINISTRATIVE SERVICES No reports for this meeting.
CITY MANAGER'S OFFICE 1) APPROVAL OF CONTRACT WITH THE FIRM OF
ALVAREZ-GLASMAN & COLVIN TO SERVE AS
ATTORNEY & RDA LEGAL COUNSEL
New Legal Firm for City Interim City Attorney Lennard noted one of the associates
was left off the firm's list of associates and would be
included in the final contract.
Mayor Herfert stated that the beginning date for the new
law firm would be the following day, July 19, 2000.
Motion by Touhey and seconded by Melendez to approve
the contract with the firm of Alvarez-Glasman & Colvin in
order to reflect the City's decision to retain the law firm for
City Attorney and Redevelopment Agency Legal Counsel.
Councilmember Wong stated that he would abstain, not
because he has anything against the new law firm, but
because of the manner in which the previous City Attorney
was fired and the summary dismissal of the Redevelopment
Agency legal representative; therefore he could not support
the hiring of another firm.
Councilmember Howard echoed his comments and
expressed concern over the smaller -sized firm with ten
attorneys in light of the number of other cities they
represent..
Action Mayor Herfert asked for a vote on the motion and it was
approved 3-2 with Howard and Wong voting no.
Mike Miller Mayor Herfert apologized for skipping a speaker card and
asked Mike Miller to come forward.
Mr. Miller made the following three suggestions:
* There should be staff contract administration along
the guidelines Council discussed at their last meeting.
* Any campaign contributions received by the new
law firm in the past should be disclosed.
* Councilmembers should refrain from accepting any
further campaign contributions from this firm in the future.
0
Council Minutes of f7/18/00
•
•
Visioning Program
2) VISIONING PROGRAM — WEST COVINA 2020
Assistant City Manager Fields presented the staff report.
Councilmember Melendez favored the proposed
program and noted that Chamber of Commerce Executive
Director Fred Burkhardt was in attendance earlier to
express support of the Chamber.
Mayor Herfert expressed concern that the develop-
ment of projects could be delayed through the research,
discussion, and decision -making process.
Motion by Howard and seconded by Melendez to a)
approve the Chamber of Commerce as the lead agency; and
b) approve the establishment of a Visioning Subcommittee.
Motion carried 5-0.
APPROVAL OF DEMANDS Motion by Howard and seconded by Herfert to approve demands
totaling $1,649,103.29 (Wire Transfers = $1,166,328.30) as listed
on check registers 3022646 through 3022872. Motion carried by
roll call vote:
AYES: Howard, Melendez, Touhey, Wong, Herfert
NOES: None
ABSTAIN: Touhey re Community Food Bank
MAYOR'S REPORT WEST COVINA POLICE HORSE "HARLEY"
WCPD Horse "Harley" Mayor Herfert presented the staff report, relating the situation of
emergency surgery and the resulting costs. Council discussion
followed.
Shelly Sanderson Shelly Sanderson, one of the founders of The Harley Relief Fund,
reported that the bills total $8600 and about $5000 has been raised
so far to help defray the costs.
Motion by Herfert and seconded by Wong to authorize WCCT to
do a story about "Harley" as an outreach program to the com-
munity and report back in thirty days the amount of donations
received. Motion carried 5-0.
COUNCILMEMBERS' REPORTS
WCCT PROGRAMMING
Council reviewed the staff report.
Motion by Touhey and seconded by Melendez to address
this in the study session at the same time as the budget. Motion
carried 5-0.
CITY ATTORNEY Interim City Attorney Lennard stated that there would be no need
to conduct the closed session. There was one item on the agenda
that would set back a Planning Commission item, but the City
Planner said the delay was acceptable.
CITY MANAGER'S REPORT No reports for this meeting.
7
Council Minutes of f7/18/00
ADJOURNMENT Motion by Herfert and seconded by Howard to adjourn the meeting
in memory of Sam Ballard, an active member of the Disabled
American Veterans. Motion carried 5-0.
•
Attest:
tty Clerk Janet Be
0
l
Mayor Ste rfert