06-03-2003 - Regular Meeting - Minutes•
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
JUNE 3, 2003
Mayor Herfert called to order the City Council of the City of West Covina at 7:33 pm in the City Hall
Council Chambers, 1444 W. Garvey Avenue West Covina. Pastor Chris Pipes of Faith Community
Church gave the invocation and Mayor Pro Tern led the Pledge of Allegiance.
ROLL CALL Mayor Herfert, Mayor Pro Tern Miller, Councilmembers
Hernandez, Sanderson, and Wong
Others Present: Pasmant, Alvarez-Glasman, Freeland, Greene, Fields, Tedesco,
Dewus, Samaniego, Paul, Morgan, McIsaac, Martinez, Durbin,
Genovese, Yauchzee, Smilowitz, Hernandez, Bommarito,
MacDonald, Berry
REPORT OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported that: all members of the
City Council/RDA were present at 6:00 pm; that in relation to
RDA property negotiations re Citrus/Workman, by a vote of 3-2
with Sanderson and Herfert voting no, the City Attorney was
directed to put in writing the Agency's action rejecting the
proposals to the McIntyre Company; that in regards to Kendrew
Development, no final action was taken and there was nothing
further to report; that in regards to Eclipse Development, the
Agency Board authorized an extension to the ENA for a period not
to exceed 100 days by 3-2 with Hernandez and Wong voting no;
that in regards to Hassen Imports Partnership, direction was given
to staff that information is obtained staff is authorized to send a
letter of friendly condemnation to the seller.
Regarding the City Council closed session items: the
conference re labor negotiations would be considered by the City
Council at the conclusion of this meeting; that the Council received
a briefing on the Vail vs the City case with direction to Special
Council in resolving the issue, but no final action was taken; that
there was no final action taken regarding the anticipated litigation
and nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant stated that he has removed Item E-4
(Educational and Recreational Bus Transportation Award of
Contract) from the Agenda this evening and the City Council
would not be considering it this evening.
PRESENTATIONS Rob Lynch, Tournament of Roses, presented the City Council with
the official, framed photograph of the 2003 West Covina Rose
Float. It was received by Rob Sotelo, president of the West Covina
Rose Float Committee, and Mayor Herfert.
With the assistance of Environmental Management Director
Samaniego, Mayor Herfert presented to Maxine Mason and
Geneva Nixon of West Covina Beautiful, Certificates for their
efforts in keeping West Covina beautiful.
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Another certificate was presented to Ricky Cordero,
General Management of Athens Disposal for their assistance with
the Clean -Up Saturdays Program.
Members of the West Covina Unified School District Board of
Trustees were recognized:
Steve Cox, President of the Board
Mike Spence (absent)
Camie Poulos
George Fuller (absent)
Dr. Richard Vladovic, Superintendent
They assisted Mayor Herfert in presenting and recognizing:
a) U.S. Dept. of Education Blue Ribbon Nominees
Mary Donielson, Principal of California Elementary School
Marge Miller, Principal of Merced School
b) 2003 State Title I Achieving Schools
Marge Miller, principal of Merced School
Dave Roberts, Principal of Orangewood Elementary School
c) Nat'l Standards Counseling Prog. Academy Award 2003
Jim Mandala, Principal of Edgewood Middle School
Archie Newton, Principal of Coronado Alternative School
Cathy Turney, Counselor at Hollencrest Middle School
Jim Coombs, Principal of West Covina High School
Sonja Ohanja, Counselor at West Covina High School
John Hughes, MDA, and Todd Smith, presented Certificates of
Appreciation to Jeffrey Ahngren, Manager of Red Robin
Restaurant, and to the participating Fire Fighters for the fundraiser.
Todd Smith presented the $1500 to John Hughes.
The Blue Star Program video was aired.
A promotional video was aired promoting the upcoming Concerts
in the Park Series for the summer.
ANNOUNCEMENT City Clerk Berry announced Commission appointment:
Councilmember Hernandez appointed Sandra Taylor to the
Waste Management/Environmental Quality Commission.
ORAL COMMUNICATIONS George Ferreiro, 1728 E. Oakridge Circle, spoke in opposition to
the concept of renaming the Azusa/Amar area "Little Manilla."
Karen Hunter, 1725 E. Woodgate Drive, spoke in opposition to the
prospect of calling the southern portion of West Covina "Little
Manilla" and submitted her letter.
Roberta Azpeitia, 1740 Oakridge Circle, concurred with the
previous speakers.
Leonor Carbaja, 1805 Woodgate Drive, also spoke in opposition to
renaming the area.
Linda Mooney, 1721 Woodgate Drive, spoke on behalf of her
neighbors in agreement with the previous speakers.
Cookie Nance, 1236 W. Eckerman, agreed feeling it would be a
step in the wrong direction.
Ed Cassanova, 809 Avington, addressed two issues: a) naming the
new gymnasium at Cameron Park in honor of immediate past
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mayor Michael Touhey and b) stopping Hooters restaurant from
coming into West Covina at the old Charlie Brown's site.
Herb Redholtz, 2622 Altamira Drive, opposed the renaming of the
Azusa/Amar area as Little Manilla.
Johnny Chua, 22037 La Puente Road, Walnut, thanked the City
Council for their support with the Filipino -American functions.
Albert Wilson, Diamond Bar, suggested that Roger Hernandez
should step down from the Rowland Unified School District Board
of Directors or the City Council of West Covina.
Councilmember Hernandez responded, noting that he made
a commitment to stay through the budget process for the school
district making June 51h his last meeting there.
John Scheuplein, 1800 Aroma Drive, distributed copies of the
United States Constitution and the Bill of Rights to the Council.
Lloyd Johnson, 1809 Adams Drive, commented on the housing
project to be constructed at Badillo and Puente.
CONSENT CALENDAR Commissions/Summary of Actions (receive & file)
Community Services 5/13/03
Human Services 4/09/03
Planning 5/13/03
Senior Citizens 5/08/03
Waste Management/Enviromnental Quality 5/15/03
Ordinance for Adoption (waive reading & adopt)
Ordinance 2101 - ORDINANCE NO. 2101 — AN ORDINANCE OF THE
Zone Change 02-05 CITY COUNCIL OF THECITY OF WEST COVINA, CALI-
FORNIA, APPROVING ZONE CHANGE NO. 02-05
(OrangeBadillo)
Claims Against the City (deny & notify claimant)
* Orlando Castaneda vs City of West Covina
Francis Malcolm vs City of West Covina
Award of Bid
SP 03114 - Construction of Wheelchair Ramps
Street Barrier Removals
SP 93114 - Recommendation is to accept the bid of C. J. Construction, Inc.,
C. J. Construction, Inc. Whittier, in the amount of $40,000.00 as submitted at the bid
opening on May 20, 2003 and authorize the Public Works
Director/City Engineer and City Clerk to execute the contract.
Traffic Committee Minutes (accept & file)
Regular meeting of May 20, 2003
City Treasurer's Report (receive & file)
. Report for.the month of April 2003
Miscellaneous — Police Department
Authorization for West Covina Service Group to Contract
with the Fujitsu Software Corporation
for HP 3000 Minion Software and Service
WCSG - Recommendation is to take the following actions:
Fujitsu Software Corp. * Authorize the WCSG to enter into a contract with Fujitsu
Software Corporation for the purchase of HP 3000
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Resolution 2003-47
Holt Ave. & Grand Ave.
Resolution 2003-48
MD No. 1
Resolution 2003-49
MD No. 2
migration software and ongoing software support services.
The total cost of the initial contract will not exceed
$145,000.
* Authorize $145,000 worth of appropriation transfer within
the current WCSG budget to Account No. 375-320-2141-
6120.
Miscellaneous — Public Works
Summary Vacation of Portions of Holt Avenue and Grand Avenue
Recommendation is to adopt the following resolution:
RESOLUTION NO. 2003-47 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SUMMARILY VACATING PORTIONS OF GRAND AVENUE
AND HOLT AVENUE WITHIN THE CITY OF WETS COVINA
AND AS MORE PARTICULARLY DESCRIBED IN THIS
RESOLUTION
West Covina Landscape Maintenance District No. 1
Setting FY 2003/2004 Assessment Rate
Recommendation is to adopt the following resolution, which
includes a rate increase from 8/7 cents to 9 cents per hundred
dollars of assessed valuation:
RESOLUTION NO. 2003-48 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, SETTING THE AMOUNT OF MONEY NECESSARY
TO BE RAISED FOR WEST COVINA LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AND FIXING THE TAX
RATE FOR SAID MAINTENANCE DISTRICT FO THE
FISCAL YEAR BEGINNING JULY, 2003
West Covina Landscape Maintenance District No. 2
Setting the FY 2003/2004 Assessment Rate
Recommendation is to adopt the following resolution, which in-
cludes a rate increase from 4.6 to 5.5 cents per hundred dollars of
assessment valuation:
RESOLUTION NO. 2003-49 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, SETTING THE AMOUNT OF MONEY NECESSARY
TO BE RAISED FOR WEST COVINA LANDSCAPE
MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX
RATE FOR SAID MAINTENANCES DISTRICT FOR THE
FISCAL YEAR BEGINNING NLY, 2003
Miscellaneous — Environmental Management
Graffiti Removal Agreement Renewal
Graffiti Removal Recommendation is to take the following actions:
Boy & Girls Club 1 Authorize the City Manager and City Clerk to execute
Amendment No. 8 to the Graffiti Agreement with the Boys
and Girls Club of San Gabriel Valley for graffiti removal
services in the City of West Covina to August 31, 2004;
and
2 Approve the following maximum expenditures for
payment:
* $43,200 from Account No. 110-320-2311-6169
* $12,240 from Account No. 876-320-5100-6169
* $14,400 from Account No. 862-320-5100-6169
* $ 2,160 from Account No. 877-320-5100-6169
* $37,000 from Account No. 180-320-2244-6130
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Miscellaneous — Fire Department
West Covina School District Graduation Fireworks Display
Recommendation is to ratify authorization of a fireworks display at
West Covina High School for the June 17, 2003 graduation cere-
mony.
West Covina Fourth of July Fireworks Display
Recommendation is to formally authorize a fireworks display at
West Covina High School for the July 4, 2003 for the City's fire-
works show.
Miscellaneous — Finance Department
Resolution Authorizing Access to Sales & Use Tax Information
Recommendation is to adopt the following resolution:
Resolution 2003-50 RESOLUTION NO. 2003-50 — A RESOLUTION OF THE CITY
Examination of Records COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING EXAMINATION F SALES AND USE TAX
RECORDS
City Loan for the Citywide Project Area
Recommendation is to adopt the following resolution:
Resolution 2003-51 RESOLUTION NO. 2003-51 — A RESOLUTION OF THE CITY
City Loan COUNCIL OF THE CITY OF WEST COVINA APPROVING A
LOAN TO THE WEST COVINA REDEVELOPMENT AGENCY
FOR THE PAYMENT OF PROJECT AND ADMINISTRATIVE
EXPENSES FOR THE CITYWIDE PROJECT AREA
City Loan for the West Covina Redevelopment Proiect Area
Recommendation is to adopt the following resolution:
Resolution 2003-52 RESOLUTION NO. 2003-52 — A RESOLUTION OF THE CITY
City Loan COUNCIL OF THE CITY OF WEST COVINA APPROVING A
LOAN TO THE WEST COVINA REDEVELOPMENT AGENCY
FOR THE PAYMENT OF PROJECT AND ADMINISTRATIVE
EXPENSES FOR THE WEST COVINA REDEVELOPMENT
PROJECT AREA
Miscellaneous — Community Services
Facility Rental Use/Special Event Alcohol Serving Policy
Serving Alcohol at Sr. Cit. Center Recommendation is to take the following actions:
1 Authorize the City Manager or his designee to establish a
facility rental/special event alcohol serving policy that would not
require City Council approval; and
2 Approve Senior Center facility rental use to serve alcohol
for the Gonzales family on June 21, 2003 and the Laraespada
family on September 6, 2003.
CONSENT CALENDAR ACTION Motion by Sanderson. and seconded by Wong to waive further
reading of the resolutions and adopt; and to approve all other items
listed, except Items, B-2, B-7k, B-7e. Motion carried by roll call
vote:
AYES: Hernandez, Miller, Sanderson, Wong, Herfert
NOES: None
Item B-2 In relation to Item B-2 (Ordinance for Adoption), Council -
member Miller requested separate action.
Motion by Herfert and seconded by Sanderson to waive
further reading of the ordinance and adopt. Motion carried by the
following vote:
AYES: Hernandez, Sanders, Herfert
NOES: Miller, Wong
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David Cook David Cook of D. C. Corporation stated that the demolition of the
site would begin on July 1, 2003. (This is relative to the
Badillo/Orange project site referenced to in the zoning described in
the above ordinance.)
Item B-7e In relation to Item B-7e (Graffiti Removal Agreement Renewal),
Councilmember Hernandez asked staff to report back on the pos-
sibility of hydro blasting graffiti, rather than just painting over.
Motion by Hernandez and seconded by Sanderson to hold
over the renewal of this contract until staff responds. Motion
carried 5-0.
Item 13-7k In relation to Item B-7k (Facility Rental Use/Special Event
Alcohol Serving Policy), Councilmember Wong suggested that
the policy that is developed should be brought back to the City
Council for general approval.
Motion by Wong and seconded by Sanderson to have staff
report back with the policy. Motion carved 5-0.
Motion by Miller and seconded by Wong to approve the
two requests to serve alcohol at the Senior Citizens Center.
Motion carried 5-0.
REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting at. 8:5.7 pm to
convene the Redevelopment Agency. The City Council recon-
vened at 9:04 pm with all.members present.
DEPARTMENTAL MATTERS REDEVELOPMENT AGENCY
REQUEST FOR FINANCING FOR WEST COVINA AUTO
PLAZA READER BOARD SIGN REPLACEMENT & LAND-
SCAPE/HARDSCAPE IMPROVEMENTS
W C Auto Plaza Redevelopment Agency Manager Lee presented the staff report.
Mayor Herfert summarized a portion of a letter faxed this evening
by Joanne Wilner at 2108 Casa Linda regarding this issue. City
Attorney Alvarez-Glasman responded to the question posed in her
letter.
Motion by Hernandez and seconded by Sanderson to take
the following actions:
1) Authorize staff to obtain private financing for the
replacement of the Auto Plaza reader board sign and
landscape/hardscape improvements, and
2) Authorize staff to propose assessing 2% interest premium
over City's borrowing rate to the West Covina Auto Plaza
Association; and
3) Authorize the City Manager or his designee to execute all
documents hereto.
Motion carried 5-0.
• HEARING CONTINUED PUBLIC HEARING
TERMINATION FO CABLE TV CONTRACT
This matter was continued from May 6, 2003. The City Council
reviewed the staff report.
Motion by Miller and seconded by Hernandez to continues
this item to July 17, 2003 in order to allow staff to meet with
Charter Communications and present the City's counter offer.
Motion carried 5-0.
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HEARING PUBLIC HEARING
Community Services fees/charges City Clerk Berry stated that the affidavit of publication is on file.
Mayor Herfert opened the hearing and Finance Director Bachman
presented the staff report. Mr. Bachman noted that the matter of
increasing current fees and imposing new fees was brought before
the City Council about a month ago and this portion regarding
Community Services fees & charges was held over until this
evening for additional information from staff. Staff responded to
questions of Council.
Councilmember Miller read aloud a letter faxed to the City at 5:00
pm this evening from Joanne Wilner, 2108 Casa Linda, expressing
her views regarding the proposed fees/charges.
Public Testimonv Mayor Herfert asked for testimony from the audience. The
following spoke:
Royal Brown Royal Brown, 2153 Aroma Drive, questioned the legality
of the hearing if in fact there was an attachment referred in the
staff report, but was not attached.
Dennis Swink, City Controller, stated that the information
was distributed and posted ten day prior to the hearing, in
compliance with state law. It is true that there were staff reports
that did not include the referred to resolution.
Hearing continued Mayor Herfert thought it best just to continue the hearing.
Motion by Miller and seconded by Hernandez to hold this
matter over until the next Council meeting. Motion carried 5-0.
HEARING PUBLIC HEARING
CODE AMENDMENT NO.02-04
COMPUTER GAME/INTERNET ACCESS CENTERS
City Clerk Berry verified the affidavit of publication. Mayor
Herfert opened the hearing and Planning Director McIsaac
presented the staff report and responded to Council questions.
Public Testimonv Mayor Herfert opened the public testimony portion of the hearing
and the following offered comments:
John Scheuplein John Scheuplein, 1800 Aroma Drive, 9247, spoke favorably of the
amendment.
Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street, requested clarification of
the Municipal Code Section regarding the protection of youth and
suggested that the amendment be very specific as to what is an is
not allowed.
Testimony closed Mayor Herfert closed the public testimony portion of the hearing.
Council Discussion Discussion ensued covering such issues as access to the Internet,
curfews, and the enforcement of these and other related issues.
• City Clerk Berry presented:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAP-
TER 26 (ZONING) OF THE WEST COVINA MUNICIPAL
CODE TO COMPUTER GAME/INTERNET ACCESS CEN-
TERS (Code Amendment No. 02-04), incorporating the current
curfew applicable to the age of 18.
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Minutes of 6/3/03
Motion by Miller and seconded by Wong to waive further
reading of the ordinance and adopt. Motion carried by the
following vote:
AYES: Hernandez, Miller, Wong
NOES: Sanderson, Herfert
DEPARTMENTAL MATTERS (CONTINUED)
FINANCE DEPARTMENT
AWARD OF CONTRACT TO EDEN SYSTEMS
FOR THE PURCHASE OF A FINANCIAL
MANAGEMENT SOFTWARE SYSTEM
Council reviewed the staff report.
Motion by Hernandez and seconded by Sanderson to take the
following actions:
1) Authorize the City to enter into a Software License and Use
Agreement with Eden Systems for the purchase of a new
financial management software system in the amount of
$254,952.00 including license fees, taxes, and all
professional services necessary to implement the system.
2) Approve the following resolution authorizing the lease
purchase financing with SunTrust Leasing Corporation in
the amount of $255,000.00 to fund the acquisition of the
financial software and related professional services, and
authorizing thee Finance Director to execute all necessary
documents.
Motion carried 5-0.
City Clerk Berry presented
Resolution 2003-54 RESOLUTION NO.2003-54 — A RESOLUTION OF THE CITY
Finance System COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE EXECUTION AND DELIVERY OF AN
EQUIPMENT SCHEDULE NO. 02, AN ESCROW AGREE-
MENT, AND RELATED INSTRUMENTS, AND DETER-
MINING OTHER MATTERS IN CONNECTION THEREWITH
Motion by miller and seconded by Wong to waive further
reading of the resolution and adopt. Motion carried 5-0.
COMMUNITY SERVICES
BLUE LINE SHUTTLE EXTENSION
Blue Line Shuttle Extension Interim Community Services Director Samaniego presented the
staff report and responded to Council questions.
Motion by Hernandez and seconded by Wong to authorize
the Community Services staff to expand the City's Go West shuttle
service Blue Line to the northern end of the City. Motion carried
5-0.
EDUCATIONAL AND RECREATIONAL BUS
• TRANSPORTATION — AWARD OF CONTRACT
City Manager Pasmant announced at the beginning of the meeting
that this item was withdrawn from the Agenda.
MAYOR'S REPORTS No reports for this meeting.
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COUNCILMEMBERS' REPORTS
Councilmember Miller —
Letter of Opposition to SB 163
Personal Contracting Services: Counties and Cities
Councilmember Miller elaborated on his written report.
SB 163 Motion by Miller and seconded by Herfert to direct staff to
forward a letter of opposition to SB 163 from the City to all state
elected officials representing West Covina, the appropriate Senate
Committee Members, and the League of California Cities. Motion
carried 5-0.
Councilmember Miller —
Letter of Opposition to AB 1720
Los Angeles County MTA:
Allocation of State Transportation Assistance Program Funds
Councilmember Miller elaborated on his written report.
AB 1720 Motion by Herfert and seconded by Miller to direct staff to
forward a letter of opposition to AB 1720 to all state elected
officials representing West Covina, the appropriate Assembly
Committee Members, League of California Cities, and the San
Gabriel Valley Council of Governments. Motion carried 5-0.
Councilmember Miller —
Letter of Opposition to SB 537 (Romero)
Solid Waste Management: L.A. County Sanitation Districts
SB 537 Councilmember Miller elaborated on his written report and
suggested that the City remain neutral at this time and watch its
progress.
Councilmember Miller —
Political Signs in Public Rights -of Way
Councilmember Miller elaborated on his written report. Council
discussion followed regarding the public rights -of -way versus
private property.
John Scheuplein John Scheuplein, 1800 Aroma Drive #247, believed that the
current political sign ordinance is sufficient.
Art Velasquez Art Velasquez, 1312 Devers Street, previous Engineering Depart-
ment employee, stated that in most instances property owners
actually own up to half the street and it is the City that has an ease-
ment on their property to place sidewalks and tree wells.
Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street, suggested that City staff
review requirements of other cities.
Royal Brown Royal Brown, 2153 Aroma Drive, offered his comments as well.
Council discussion continued. Councilmember Miller suggested
that the regulations be placed in the West Covina Discover.
Councilmember Wong also suggested that a notation be placed
directly on the signs that authorize property owners to remove any
signs where prior permission was given. City Attorney stated that
• his office would need to look at that from a Constitutional point of
view.
Motion by Miller and seconded by Sanderson to place the
regulations in the West Covina Discover and the City's website.
Motion carried 5-0.
Councilmember Wong would still appreciate a legal
opinion on the language (notation) he proposed.
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Councilmember Sanderson —
City Council Standing Rules, Ralph M. Brown Act,
And Municipal Code Excerpts
Councilmember Sanderson requested a workshop for the Council -
members and the City Commissioners on these rules.
City Attorney Alvarez-Glasman stated that his office would
be able to provide the training.
Councilmember Sanderson —
Councilmember Sanderson elaborated on the report and recom-
mended that the following resolution be adopted:
Resolution 2003-55 RESOLUTION NO. 2003-55 — A RESOLUTION OF THE
L.A. County Trail Maint. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, OPPOSING A REDUCTION IN THE LOS ANGELES
COUNTY BUDGET FOR TRAILS MAINTENANCE
Motion by Hernandez and seconded by Herfert to waive
further reading of the resolution and adopt. Motion carried 5-0.
Councilmember Hernandez —
Citizen Ad -Hoe Committees
Councilmember Hernandez elaborated on the staff report.
Motion by Hernandez and seconded by Wong to direct staff
to schedule four informal town hall meetings to be followed by
four regular City Council meetings throughout the four areas of the
City. Motion carried 5-0.
ADJOURNMENT Motion by Herfert and seconded by to adjourn the meeting at
10:37 pm in memory of Isaiah "El" Bethley, an 18-year resident of
the City of West Covina who recently passed away at the age of
43. Councilmember Wong noted that former Planning Com-
mission Jim Schoonover's mother, Carol, recently passed away as
well. Motion carried 5-0.
City Manager Pasmant reminded Council that they still
needed to conclude an item in closed session and they went up to
the City Manager's Conference Room to finish close session.
Attest:
City Clerk Janet Berry
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