05-07-2002 - Regular Meeting - Minutes0
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REGULAR MEETING
WEST COVINA CITY COUNCIL
MAY 7, 2002
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:12 pm in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina, CA. Pastor Richard Miller of
Delhaven Christian Church gave the invocation and Mayor Pro Tern Herfert led the Pledge of
Allegiance.
ROLL CALL Mayor Touhey, Mayor Pro Tem Herfert, Councilmembers: Miller,
Sanderson, Wong
Others Present: Pasmant, Alvarez-Glasman, Fields, Adams, Francis, Greene,
Chung, Freeland, Heaton, Hoppe, Yauchzee, Carter, Samaniego,
Genovese, Bommarito, Yuasa, Smilowitz, Villegas, Lee, Berry
APPROVAL OF MINUTES The following sets of minutes were approved as presented:
Special meeting of April 16, 2002
Special meeting of April 24, 2002
Special meeting of April 30, 2002
Councilmember Wong requested that the minutes of the regular
meeting of April 16th be held over until the next meeting to give
staff a chance to answer a question he posed at the 16a' meeting
regarding the composition of the Mosquito Abatement District's
Board of Directors.
PROCLAMATIONS Mayor Touhey proclaimed May 11 as Fire Service Day and
presented the proclamation to Fire Chief Greene and the crew of
Fire Station No. 2.
Mayor Touhey proclaimed Mayor and Older Americans Month and
presented the proclamation to Sandra Taylor, Senior Citizens'
Commissioner.
Mayor Touhey proclaimed the week of May 19 as National Public
Works Week and presented the proclamation to Public Works
Director Yauchzee.
Mayor Touhey proclaimed the week of May 6 as National Nurses
Week and presented the proclamation to Irma Cooper, Director of
Transitional Care at Queen of the Valley Hospital and National
Nurses Week Chairman.
PRESENTATIONS Don Allen, Director of Community Services for the City of Walnut
and Past President of the California Parks & Recreation Society,
presented the Award of Innovation to the City of West Covina for
the Mobile Skate Park program. West Covina's Arthur Montano
and Silva Williams (Recreation Coordinators) were recognized as
staff members responsible for the Mobile Skate Park (SK8WC).
Dr. Ronald Leon, superintendent of Rowland Unified School Dis-
trict, assisted Mayor Touhey in recognizing and appreciating the
2002 State Title I Achieving Schools Award given to Hollingworth
Elementary School. Principal Dr. Cathy Carter received a City
Certificate of Recognition for the distinction.
Council Minutes of 5/7/02
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ORAL COMMUNICATIONS
Kenneth Butera
Dr: Steve Fish, Superintendent of West Covina Unified School
District, assisted Mayor Touhey in recognizing and appreciating
the 2002 State Title I Achieving Schools Award given to Merced
Elementary School (certificate received by Principal Marge Miller)
and Orangewood Elementary School (certificate received by
Principal Dave Roberts).
Dr. Steve Fish, Superintendent of West Covina Unified School
District, assisted Mayor Touhey in recognizing and appreciating
the 2002 California Distinguished Schools Awards given to
California Elementary School (received by Mary Donielson,
Principal), Merced Elementary School (received by Marge Miller,
Principal), and Vine Elementary School (received by Katy
Schneider, Principal).
Dr. Steve Fish, Superintendent of West Covina Unified School
District, assisted Mayor Touhey in recognizing and appreciating
the 2002 Model Continuation High School Award given to
Coronado Alternative School. Principal Archie Newton accepted
the City's Certificate of Recognition. The California State
Continuation Education Association also recognized him as
Administrator of the Year.
Kenneth Butera, 142 S. Myrtlewood Street, suggested that the
portion of Glendora Avenue from the freeway south to Valinda be
designated as Old Town West Covina, since West Covina doesn't
really have a town center or downtown area.
Introductions City Manager Andrew Pasmant introduced the recently appointed
Department Heads:
Erin Hoppe — Interim Risk Manager
Shannon Yauchzee — Public Works Director/City Engineer
Clayton Durbin — Communications Director
Royal Brown Royal Brown, 2153 Aroma Drive, congratulated the City Council
for resolving the "Moe the Chimp" case, as recently reported in the
San Gabriel Valley Daily Tribune.
John Scheuplein John Scheuplein, 1800 Aroma Drive #247, read a prepared state-
ment criticizing the behavior and recent statements of the owners
of "Moe the Chimp." It seemed to him that they were not acting
responsibly if in fact a settlement had been reached. He suggested
that they now remove the signage and easy chair from the front
yard and let the neighborhood get back to normal.
HEARING WEED ABATEMENT 2002
City Clerk Berry verified the affidavit of mailing. Motion by
Herfert and seconded by Miller to receive and file the affidavit.
Motion carried 5-0.
Weed Abatement 2002 Mayor Touhey opened the hearing and Fire Marshall Genovese
presented the staff report.
Public Testimony Mayor Touhey asked if any written protests or objections had been
received and the City Clerk responded in the negative. He then
none opened the public testimony portion for verbal comments or pro-
tests. No one addressed the City Council, Mayor Touhey closed
Testimony closed the public testimony portion of the hearing.
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HEARING
Multi -Family Housing bonds
Motion by Miller and seconded by Herfert to order the abatement
of weed and rubbish on those properties described in Resolution of
Intention No. 2002-42. Motion carried 5-0.
MULTI -FAMILY HOUSING REVENUE BONDS
City Clerk Berry verified the affidavit of publication. Mayor
Touhey opened the hearing and Redevelopment Agency Director
Chung presented the staff report. In response to a Council
question, Mr. Max Cardonay, financial advisor for Steadfast
Properties, explained the 55-year covenants of the project. Mr.
Mike LaPierre of California Statewide Communities Development
Authority explained that the City of West Covina would not incur
any obligations for the debt of the bonds and the City would not
appear on the bonds. The California Statewide Communities
Development Authority is a governmental body and will be the
entity listed on the bonds.
Public Testimonv Mayor Touhey opened the public testimony portion of the hearing
and asked for comments from the audience. No one addressed the
none City Council. Mayor Touhey then closed the public testimony por-
Testimony closed tion of the hearing.
City Clerk Berry presented
Resolution 2002-54 RESOLUTION NO. 2002-54 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE ISSUANCE OF MULTI -FAMILY HOUSING
REVENUE BONDS BY THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY
Motion by Herfert and seconded by Sanderson to waive
further reading of the resolution and adopt. Motion carried 5-0.
HEARING CABLE TELEVISION CUSTOMER SERVICE
STANDARDS AND NON-COMPLIANCE PENALTIES
FOR CHARTER COMMUNICATIONS
City Clerk Berry verified the affidavit of publication and Mayor
Touhey opened the public hearing. Assistant City Manager Fields
presented the staff report.
Councilmember Herfert noted that at the present time the
City hasn't had an agreement with Charter Communications for
three years and adopting these standards doesn't bind West Covina
to Charter. Assistant City Manager Fields concurred and stated
further that in the next closed session, the City Council may want to
discuss strategies for resolving issues with Charter or other options
available to the City.
Deputy City Attorney Adams explained that the proposed
federal standards are enforceable, and that Council could adopt
stricter standards but those would need to be negotiated with the
cable operator.
Councilmember Herfert asked about a customer's course of
action in the event Charter isn't responding within the time frames
proposed and already agreed to by Charter.
Councilmember Sanderson requested that audio issues be
discussed during the franchise negotiations too.
Councilmember Wong questioned the enforceability of the
standards as proposed, particularly those regarding telephone
response times. Council discussed traceable telephone systems,
etc.
Councilmember Herfert suggested our federal representa-
tives be invited to attend the Council meeting when the franchise
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Council Minutes of 5/7/02
agreement is scheduled for consideration and they can hear the
issues for themselves.
Public Testimonv Mayor Touhey opened the public testimony portion of the hearing
and asked for comments from the audience. The following
individuals addressed Council:
• Gilbert Kemp Gilbert Kemp, 734 S. Donna Beth Avenue, suggested that the City
Council seek clearer instructions/advertisements of Charter Com-
munications as their material is very confusing. It might be helpful
for the City to review the material before they publish it.
Mayor Touhey added that the font size use by Charter is
also very small, making their materials difficult to read.
Herb Redholtz Herb Redholtz, 2622 Altamira Drive, stated that Charter's promise
to pay $20 to the customer whenever their repairmen are late for an
appointment is an empty promise because it is difficult to be late
when you have a four-hour window to show up. He suggested the
window be dropped to two hours. Certainly Charter could add a
feature to the phone line that indicates to the caller that there is a
waiting period of four minutes, .... three minutes, etc. Lastly, he
wondered if any of the measures approved by Council this evening
would make any difference in that the City hasn't had a franchise
agreement with Charter for the last several years.
John Shewmaker John Shewmaker, 1825 Borrego Drive, stated that Charter's
website has a lot to be desired. He also complained that he has
quite a wait whenever he turns on his television.
George Ogden George Ogden, 1249 S. Valinda Avenue, suggested looking at an
800 number for Charter call -in servicing. That way a record is
always available. He related several experiences that he has had
with the cable company.
Deputy City Attorney Adams clarified the standards in respect to
telephone response times must be by a live person, not a tape or
voice menu.
Testimony closed Mayor Touhey closed the public testimony portion of the hearing
and opened Council discussion.
Councilmember Sanderson felt that adopting the proposed
standards is the most we can do at this point. It is very important
that we continue to work on the franchise agreement.
Councilmember Herfert noted that West Covina has a lot of
problems with the cable company. He stated that federal law
makes it difficult for the City to change cable companies unless we
can prove that Charter provides poor service or there are other
problems. It is very important for citizens to call or write to the
City with their complaints.
Mayor Touhey related another problem, concerning billing
practices.
City Clerk Berry presented:
Resolution 2002-55 RESOLUTION NO. 2002-55 — A RESOLUTION OF THE CITY
. COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING AND ENFORCING THE CABLE FRANCHISE
CUSTOMER SERVICE STANDARDS PROVIDED FOR THE
IN THE FEDERAL COMMUNICATIONS REGULATIONS
SECTION 76.309
City Clerk Berry stated that the standards being adopted by
this resolution would become effective on July 22, 2002.
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Motion by Herfert and seconded by Sanderson to waive
further reading of the resolution and to adopt. Motion carried 5-0.
City Clerk Berry presented:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
SECTION 11-18 (CABLE TELEVISION SYSTEM STAN-
DARDS) OF ARTICLE II (FRANCHISES) OF THE WEST
COVINA MUNICIPAL CODE WITH THE ADDITION OF
SUBSECTION (F) REMEDIES FOR NON-COMPLIANCE
WITH CUSTOMER SERVICE STANDARDS)
Motion by Herfert and seconded by Sanderson to waive
further reading of the ordinance and to introduce. Motion carried
by roll call vote:
AYES: Herfert, Miller, Sanderson, Wong, Touhey
NOES: None
CONSENT CALENDAR Commissions/Summary of Actions (receive & file)
Community Services 4/09/02
Personnel 3/13/02
Planning 4/09/02
Senior Citizens 4/11/02
Claims Against the City (deny & notify claimant)
On January 23, 2002 the City Clerk's Office received a claim from
Richard P. Palmer for damages in the amount of $1,975.78.
Claimant is seeking reimbursement for plumbing costs he incurred
to have tree roots cleared from the sewer lateral at his residence.
On January 25, 2002 the City Clerk's Office received a claim from
Heriberto Rodriguez for damages in the amount of $110. Claimant
is seeking reimbursement for plumbing costs he incurred to have
tree roots cleared from the sewer lateral at his residence.
City Treasurer's Report (receive & file)
Report for the month of March 2002
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting of April 16, 2002
Award of Bids
Residential Streets Rehabilitation Work
SP 02106 and SP 02107
SP 02106 & SP 02107 Recommendation is to take the following actions:
Transfer the
funds to Proiect SP-02106
1.
GP-02402
Gas Tax Funds
124-320-3219-7155
$34,000
2.
SP-99106
Gas Tax Funds
124-320-3137-7200
14,000
3.
TS-00113
Gas Tax Funds
124-320-3152-7200
19,000
4.
SP-01108
BKK Funds
152-320-3136-7200
17,000
$1
to Proiect SP-02106
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Unappropriated funds
Proposition
$125,000
(126-300)
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3) Accept the bid of Gentry Brothers, Inc. in the amount of
$1,440,000 as submitted at the bid opening on April 16, 2002, and
authorize the Public Works Director/City Engineer and City Clerk
to execute an agreement with Gentry Brothers, Inc. of Irwindale,
California, for the work to be done.
Orangewood Skate Park Construction — PP 02209
PP 02209 — Skate Park Recommendation is to take the following actions:
1. Appropriate the amount of $72,000.00 from the
unappropriated State Park Bond Fund (169).
2. Approve the reallocation of $25,000.00 unneeded funds
from the "Orangewood Park Benches/Tables/Picnic
Shelters" project (Account No. 172-320-3240-7700) to this
"Skate Park" project.
3. Accept the bid of Green Giant Landscape in the amount of
$435,000.00 as submitted at the bid opening on April 18,
2002 and authorize the Public Works Director/City
Engineer and City Clerk to execute an agreement with
Green Giant Landscape of La Habra, California, for the
work to be done.
Maintenance Improvements at Six City Parks — PP 02215
PP 02215 — Six City Parks Recommendation is to accept the bid of Whelan Construction,
Whelan Construction West Covina, in the amount of $203,748.00 as submitted at the bid
opening on April 18, 2002 and authorize the Public Works
Director/City Engineer and City Clerk to execute the contract.
North Azusa Avenue Relinquishment —
Selection of Consultant
North Azusa Avenue - Recommendation is to take the following actions:
Quantum * Appropriate fund to Azusa Avenue Relinquishment project
(126-320-3295-7200) from Proposition 111 unappropriated
funds (126-300) in the amount of $85,000.00,
* Accept the proposal from Quantum Consulting in a "not to
exceed" amount of $78,370.00 and authorize the Public
Works Director/City Engineer to execute a consulting
agreement with Quantum Consulting, Lawndale.
Extension of Contracts for Janitorial Service
and Bus Shelter Maintenance
Janitorial Services and
Bus Shelter Maintenance — Recommendation is to take the following actions:
1) Grant the extension of the Valley Light Industries contract
for five years with a 39.5% increase in the contract amount ($6,669
per month) with an annual cost of living consideration based either
on any increase in minimum wage or the Los Angeles County cost
of living index, whichever is higher.
Valley Light Industries
2) Grant the extension of the Valley Light Industries contract
amount ($3,100 per month) for a five-year period at a rate of $9.31
for power wash cleaning and $7.98 for general cleaning for 81
City -owned bus shelters.
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Resolution 2002-56
Public hearing: 6/18/02
Electric Vehicle Lease & Chargers
Toyota Motor Sales
Miscellaneous — Public Works
West Covina Citywide Sewer Service Charge
Recommendation is to adopt the following resolution:
RESOLUTION NO. 2002-56 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS INTENTION TO COLLECT THE ANNUAL
SEWER SERVICE CHARGE THROUGH THE COUNTY TAX
BILL AND SETTING A DATE OF TUNE 18, 2002 FOR A
PUBLIC HEARING
Miscellaneous — Environmental Management
Electric Vehicle Lease and Charger Installation Authorization
Recommendation is to take the following actions:
a) Authorize the Environmental Management Director to enter
into an agreement with Toyota Motor Sales, U.S.A., Inc. to lease
three new Toyota RAV4 electric vehicles for three years to replace
the electric vehicles whose leases expire on May 19, 2002.
Clean Fuel Connection b) Find that Clean Fuel Connection, Inc. is the sole source
vendor for the compatible electric vehicle charging units, thereby
waiving the requirement to solicit bids
c) Authorize the Environmental Management Director to
execute an agreement with Clean Fuel Connection, Inc. to install
the charging units.
d) Appropriate a maximum of $63,000 from the Air Quality
Improvement Fund 119 balance and $16,950 ($6,900 for freight
and tax, and $10,050 for chargers) from account #119-320-2319-
6147 and transfer to the vehicle and mobile equipment account
#119-320-2319-7170 for the project.
e) Authorize the Environmental Management Director to
apply for the Zero Emission Incentive Grant offered by the
California Air Resources Board in the total amount of $27,000 to
be reimbursed to the Air Quality Improvement Fund 119.
BKK Landfill Closure Plans Status Report
Recommendation is to receive and file the report.
Miscellaneous — Risk Management
Appropriation of Funds for Uninsured Losses
Funding Uninsured Losses Recommendation is to approve the appropriation of $100,000 from
Self -Insurance Reserves (361-301) and authorize the transfer of
said funds to account 360-320-2570-6417 to fund additional
uninsured losses through the end ofFY 2001/2002.
Miscellaneous — Personnel Services
Technical Revision of Salary for Department Heads
Recommendation is to adopt the following resolution:
Resolution 2002-57 RESOLUTION NO. 2002-57 — A RESOLUTION OF THE CITY
Dept. Head salary ranges COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 9346 RELATING TO
MANAGEMENT COMPENSATION; AND RESOLUTION NO.
7223, AS AMENDED, RELATING TO CLASSIFICATION AND
COMPENSATION OF POSITIONS FOR DEPARTMENT
HEADS
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Resolution re bonds
CONSENT CALENDAR ACTION
Miscellaneous — Redevelopment Agency
Tax Allocation Revenue Refunding Bonds, Series 2002
Recommendation is to adopt the following resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA AUTHORIZING THE ISSUANCE, SALE AND
DELIVERY BY THE REDE-VELOPMENT AGENCY OF THE
CITY OF WEST COVINA OF TAX ALLOCATION REVENUE
REFUNDING BONDS, SERIES 2002
Motion by Herfert and seconded by Miller to waive further reading
of the resolutions and adopt; and to approve all other items listed
on the Consent Calendar, except: C-5b and C-6f. Motion carried
by roll call vote:
AYES: Herfert, Miller, Sanderson, Wong, Touhey
NOES: None
Item C-5b In relation to Item C-5b (Orangewood Skate Park Construction
bid award), Public Works Director Yauchzee gave a staff report.
Councilmember Miller stated that he could not support the
ever-increasing financials for this project (skate park).
Motion by Herfert and seconded by Sanderson to approve
the staff recommendation. Motion carried 3-2 with Miller and
Wong voting no.
Item C-6f In relation to Item C-617 (Tax Allocation Revenue Refunding
Bonds), Councilmember Wong recommended that this item be
RDA & PFA called to order considered with the corresponding items listed on the
Redevelopment Agency Agenda (Item II B) and the Public
Financing Authority Agenda (Item I). Mayor Touhey called to
order both the Public Financing Authority and the Redevelopment
Agency at 8:43 pm. In doing so, Redevelopment Agency Director
Chung presented one staff report regarding this issue, which
requires action by all three entities.
City Council Action:
City Clerk Berry presented:
Resolution 2002-58 RESOLUTION NO. 2002-58 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE ISSUANCE, SALE AND DELIVERY BY
THE REDEVELOPMENT AGENCY OF THE CITY OF WEST
COVINA OF TAX ALLOCATION REVENUE REFUNDING
BONDS, SERIES 2002
Motion by Herfert and seconded by Sanderson to waive
further reading of the resolution and adopt.
Discussion Councilmember Wong requested an explanation for the
reason for refunding at this point in time, expressing concern about
mortgaging the future. He favored more long-term financial
strategizing. Mr. Chung responded.
Suzanne Harrell of Harrell & Company, the Redevelop-
ment Agency's financial advisor, stated that these 1993 bonds are
eligible for refinancing for the first time on June 15, 2002 and
every six months thereafter. She discussed the interest rates and
responded to questions concerning cash flow.
Motion carried 3-2 with Miller and Wong voting no.
Public Financing Authority Action:
Authority Secretary Berry presented:
Resolution 15 RESOLUTION NO. 15 — A RESOLUTION OF THE
WEST COVINA PUBLIC FINANCING AUTHORITY
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APPROVING THE EXECUTION AND DELIVERY OF A FIRST
SUPPLEMENTAL LOAN AGREEMENT, AND AUTHORIZING
THE TAKING OF CERTAIN OTHER ACTIONS IN CONNEC-
TION THEREWITH
Motion by Herfert and seconded by Sanderson to waive
further reading of the resolution and adopt. Motion carried 3-2
with Miller and Wong voting no.
Redevelopment Agency Action:
Resolution No. 559 RESOLUTION NO. 559 — A RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF WEST
COVINA AUTHORIZING AND DIRECTING THE ISSUANCE,
SALE AND DELIVERY OF THE AGENCY'S TAX
ALLOCATION REVENUE REFUNDING BONDS, SERIES
2002, APPROVING THE EXECUTION AND DELIVERY OF
AN INDENTURE OF TRUST, A CONTINUING DISCLOSURE
AGREEMENT, A BOND PURCHASE AGREEMENT, AND A
FIRST SUPPLEMENTAL LOAN AGREEMENT, APPROVING
THE FORM OF A PRELIMINARY OFFICIAL STATEMENT,
AUTHORIZING THE RETENTION OF CERTAIN PRO-
FESSIONAL FIRMS, AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH
Motion by Herfert and seconded by Sanderson to waive
further reading of the resolution and adopt. Motion carried 3-2
with Miller and Wong voting no.
PUBLIC WORKS
PLANNING DEPARTMENT
Councilmember Miller hoped that Council would take this action
into consideration with projects in the very near future. He felt the
Council should be a little more fugal with the public's finances. At
the conclusion of this item the Public Financing Authority was
adjourned. The Redevelopment Agency agenda was then com-
pleted and the RDA adjourned at 8:59 pm.
END OF CONSENT CALENDAR
At 8:59 pm, Mayor Touhey continued with the remainder of the
City Council Agenda.
No reports for this meeting.
No reports for this meeting.
ADMINISTRATIVE SERVICES No reports for this meeting.
REDEVELOPMENT AGENCY Considered earlier in the meeting.
PUBLIC FINANCING AUTHORITY Considered earlier in the meeting.
COMMUNITY SERVICES No reports for this meeting.
ENVIRONMENTAL MANAGEMENT No reports for this meeting.
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Council Minutes of 5/7/02
PUBLIC SAFETY
No reports for this meeting.
GENERAL ADMINISTRATION No reports for this meeting.
MAYOR'S REPORTS No reports for this meeting.
COUNCILMEMBERS' REPORTS No reports for this meeting.
ADJOURNMENT Motion by Herfert and seconded by Miller to adjourn the meeting
at 9:00 pm. Motion carried 5-0. The City Council returned to the
City Manager's Conference Room to continue the closed session
that had commenced at 6:00 pm.
Attest:
City Clerk Janet Berry
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May�,, /) brJA-t�
ae Touhey
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