07-22-2003 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
JULY 22, 2003
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:27 pm in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Pastor Jim Reeve of Faith
Community Church gave the invocation and Councilmember Hernandez led the Pledge of Allegiance,
followed by the airing of the Blue Star video.
ROLL CALL Mayor Herfert, Mayor -Pro Tern Miller, and Councilmembers:
Hernandez, Sanderson, Wong
Others Present: Pasmant, Alvarez-Glasman, Durbin, Paul, Fields, Janis, Freeland,
Greene, Petty, Franklin, Lee, Villegas, King, Bachman, Yauchzee,
Samaniego, McIsaac, Wills, Tedesco, Swink, Morgan, Berry
REPORT OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported that all Councilmembers
were present for closed session and two individuals addressed the
Council just prior to commencing the closed session. He stated
that the scheduled labor negotiations discussion would be held
after this meeting as the Council ran out of time. Regarding the
two potential litigation cases and the existing Acuna vs City of
West Covina, direction was given to legal counsel but there was no
final action taken and nothing further to report.
There were two issues before the Redevelopment Agency:
concerning the anticipated litigation matter, direction was given to
Iegal counsel and no final action taken; concerning Citrus property
(Barton's Gifts), staff was directed to return with a lease for RDA
review and consideration.
CHANGES TO THE AGENDA City Manager stated that the Police Department has an item con-
cerning pass -through computer equipment purchases for a new
customer of the WCSG. To place it on the agenda, the City
Council must take a 4/5 affirmative vote.
Motion by Hernandez and seconded by Sanderson to add
the item to the Consent Calendar. Motion carried 5-0.
APPROVAL OF MINUTES The following sets of minutes were approved as presented:
Special meeting of May 6, 2003
Regular meeting of May 6, 2003
Special meeting of June 3, 2003
Regular meeting of June 3, 2003
Special meeting of June 17, 2003
Special meeting of June 30, 2003
• PRESENTATIONS Mayor Herfert recognized former Councilmember, Dr. Forest
Tennant, and his wife Mariam. Dr. Tennant was chosen West
Covina Citizen of the Year 2003 and he spoke of his brand new
project, rejuvenation of the West Covina Heritage House. Mayor
Herfert presented him with a Certificate of Recognition.
Mayor Herfert recognized Fire Captain Curtis McCart and
presented him with a Certificate of Recognition. Captain McCart
earned the Gold Medal at the California Police/Fire Olympic
Council Minutes of 7/22/03
Games. Captain McCart stated that he would be participating in
the World Police/fire Olympics in Barcelona in a couple of weeks.
With the assistance of Maintenance Operations Manager, Mayor
Herfert presented Welder Mechanic Howard Gentry with a
Resolution of Commendation for his 13 years of service with the
City. He has just retired.
Mayor FIerfert presented a Resolution of Commendation to Rita
Heieck for serving on the Human Resources Commission for the
last three years.
Mayor Herfert recognized Larry Abeyta, who recently rescued a
two-year old who had fallen out a restaurant window at Redondo
Beach. He jumped into the water and saved her.
Mayor Herfert read a letter from Governor Gray Davis
congratulating him on his heroism.
With the assistance of Rudy Barcena, Manager of the Pacific Coast
Little League Cubs, each of the baseball players received a
Certificate from the Mayor in recognition for winning the West
Covina City Tournament championship — Major Division.
With the assistance of Brandyn Hayward, Manager of the
American Little League Dodgers, each of the baseball players
received a Certificate from the Mayor in recognition of winning
the West Covina City Tournament —Minor Division.
ANNOUNCEMENT Councilmember Miller announced that the Red Robin Restaurant
and Applebee's Restaurant are participating in a new fundraiser
created by the Rose Float Foundation to raise funds for the 2005
Rose Float and that flyers were available at the entrance to the
Council Chambers.
City Clerk Berry announced Mayor Herfert's recent appointment
of Herb Redholtz to the Human Resources Commission.
ORAL COMMUNICATIONS John Lindow, 415 Lyall Avenue, reported on things in general,
including drivers' licenses for seniors, the ADA committee, that
TOPS meets every Monday evening, and interest rates taking a toll
on the senior citizens.
Joel Gelfand, 1513 E. Portner, requested Council widen Lark
Ellen, south of Garvey Avenue; felt the graffiti removal program
was not effective in West Covina — suggested working with the
schools on an educational program; and commented on the Mutual
Aid Program between the Fire Department and the County.
CONSENT CALENDAR Commissions/Summary of Actions (receive & file)
Community Services 6/10/03
Human Resources 6/11/03
Senior Citizens 6/12/03
Planning 7/8/03
Ordinance for Adoption (waive reading & adopt)
Ordinance 2103 - ORDINANCE NO. 2103 — AN ORDINANCE OF THE CITY
Body Piercing COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WES"f
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Council Minutes of 7/22/03
COVINA MUNICIPAL CODE REGULATING BODY
PIERCING USES (Code Amendment No. 02-03)
Award of Bid
SP 03101 and SP 03116 — Construction of Landscape
Improvements on Sunset Avenue and Amar Road
Mega Way Enterprises Recommendation is to accept the bid of Mega Wary Enterprises,
Covina, in the amount of $163,879.75 as submitted at the bid
opening of July 8, 2003 and authorize the Public Works
Director/City Engineer and City Clerk to execute the contract.
Miscellaneous — Environmental Management
Lease Extension for Fire Department Electric Vehicles
Two Electric Vehicles - Recommendation is to take the following actions:
Ford Rangers 1) Authorize the maximum expenditure of $8,300 from
Account No. 119-320-2319-7170 to extend the leases with
Ford Motor Credit Corporation for one year on two Ford
Ranger Electric Vehicles assigned to Fire Administration
which expire on August 1, 2003; and
2) Authorize the Environmental Management Director to
execute a one-year lease with Ford Motor Credit
Corporation for the two Ford Ranger Electric Vehicles.
BKK Landfill Closure Plans — Monthly Status Report
Recommendation is to receive and file the report.
Miscellaneous — Finance
Resolution Authorizing Investment in the
Local Agency Investment Fund (LAIF)
Resolution 2003-74 - Recommendation is to waive reading and adopt:
LAIF RESOLUTION NO. 2003-74 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AUTHORIZING THE USE OF THE LOCAL
AGENCY INVESTMENT FUND UNDER THE OFFICE OF
THE CALIFORNIA STATE TREASURER AS AN INVEST-
MENT MEDIA ALTERNATIVE
Renewal of Parking Lease with Los Angeles Countv
Parking Structure Lease Recommendation is to authorize staff to execute the Second
Renewal and Amendment No. 2 of the lease and agreement for off-
street parking facilities at the West Covina Civic Center.
Miscellaneous — Community Services
Approval of Request to Serve Alcohol at the Senior Center
Serving Beer at Sr. Center Recommendation is to approve the following:
1) A request by Louie Garcia to serve beer and wine at a
Quincinera on August 23, 2003 from 6 pm until 12
midnight at the Senior Citizens Center, pending proof of
West Covina Police coverage; and
• 2) A request by Adam Estrella to serve beer and wine at a
wedding reception on August 30, 2003 from 6 pm until 12
midnight at the Senior Citizens Center, pending proof of
West Covina Police coverage.
Miscellaneous — Planning Department
Appropriation of General Plan Funds for the
Housing Element Update
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Council Minutes of 7/22/03
Housing Element Recommendation is to appropriate $5,200 from the General Plan
trust account (Account No. 550-257) to the Planning Department
contractual services account (Account No. 110-320-2313-6120) to
cover costs for updating the Housing Element of the General Plan.
Miscellaneous — Police Department
Acceptance of 2003 G.R.E.A.T. Grant
Anti -gang grant Recommendation is to accept the new reimbursable G.R.E.A.T.
anti -gang education grant and appropriate the $42,750 award
amounts as follows:
$18,000 in 141-320-2111-5113 (overtime for instructors)
$ 5,000 in 141-320-2111-5112 (part-time assistants)
• $ 5,750 in 141-320-2111-6050 (training, including
mandatory G.R.E.A.T conference)
• $ 6,000 in 141-320-2111-6220 (G.R.E.A.T. curriculum
supplies)
• $ 1,000 in 141-320-2111-6270 (student incentives)
• $ 7,000 in 141-320-2111-7160 (instruction equipment)
Pass -Through Purchase of Computer Equipment for New WCSG
City of Alhambra Recommendation is to take the following actions:
a) Approve the "pass through" purchase of computer hard-
ware and software in the amount of $150,615 for the City
of Alhambra Police Department.
b) Provide advance approval for the purchase of additional
computer hardware and software for the City of Alhambra
Police Department in an amount not to exceed $40,000. A
formal quote for these items has not yet been received.
Miscellaneous — City Manager's Office
Payment of San Gabriel Valley Council of Governments
FY 03/04 Dues
COG Dues Recommendation is to authorize the payment of dues for the San
Gabriel Valley Council of Governments in the amount of $29,520
from the following accounts:
1) Transit and Transportation program fee (Prop. A & C) of
$16,260 to be paid out of Account No. 121-320-2440-6120.
2) Air Quality program fee (AB 2766) of $13,260 to be paid
out of Account No. 119-320-2319-6120.
Cancellation of August 5, 2003 City Council Meeting
Recommendation is to cancel the August 5"' Council meeting due
to a light agenda.
Agreement with Mt. San Antonio College
for Operation of WCCT Channel 55
Mt. SAC/WCCT Recommendation is to take the following actions:
1. Authorize payment of $43,833 to Mt. San Antonio College
from the Community Information Account No. 110-320-2632-
6120 as reimbursement for Mt. SAC's operation of WCCT
Channel 55 for the period of August 1, 2003 through July 31,
2004; and
2. Authorize the City Manager to execute an agreement with Mt.
SAC for the operation of WCCT Channel 55 for the period of
August I, 2003 through July 31, 2004.
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Council Minutes of 7/22/03
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CONSENT CALENDAR ACTION Motion by Wong and seconded by Miller to waive further reading
of the resolution/ordinance and adopt; and approve all other items
listed except: B-2 and B-4f. Motion carried by roll call vote:
AYES: Hernandez, Miller, Sanderson, Wong, Herfert
NOES: None
B-2 In relation to Item B-2 (Ordinance for Adoption), Mayor Herfert
stated that he was desirous of a separate vote on the ordinance
adoption. Motion by Miller and seconded by Wong to waive
further reading of the ordinance and adopt. Motion carried 4-1
with Herfert voting no.
B-417 In relation to Item B-4f (Appropriation for the General Plan
Housing Element Update), Mayor Herfert requested that the item
be postponed momentarily until Planning Director Mclsaac was
present to answer questions. Planning Director Mclsaac clarified
the point in question, upon his arrival, and the following motion
was made:
Motion by Herfert and seconded by Miller to approve the
staff recommendation. Motion carried 5-0.
HEARING CONTINUED PUBLIC HEARING —
CHARTER COMMUNICATIONS
Charter Communications - Motion by Miller and seconded by Hernandez to continue this mat -
Continued to 8/19/03 ter to the City Council meeting of August 19 in order to allow staff
to review Charter Communications counter offer. Motion carried
5-0.
HEARING CONTINUED PUBLIC HEARING —
FEE AND CHARGE FOR COMMUNITY SERVICES
This hearing was continued several times. Interim Community
Services Director Samaniego and Controller Swink presented the
staff report.
Public Testimonv Mayor Herfert asked for comments from the audience and the
following individual addressed the City Council.
Joanne Wilner Joanne Wilner, 2108 Casa Linda Drive, addressed the Senior
Computer Lab Class and the possibility of subsidizing the class so
that it could be available to all seniors.
Testimony Closed There being no others wishing to address the City Council, Mayor
Herfert closed the public testimony portion of the hearing.
Interim Community Services Director Samaniego stated that the
City currently has a grant program for senior citizens to utilize for
the computer program.
City Clerk Berry presented
Resolution 2003-75 RESOLUTION NO. 2003-75 —A RESOLUTION OF THE
Community Services fees/charges CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, SETTING AND INCREASING CERTAIN COM-
MUNITY SERVICES FEES AND CHARGES
Motion by Hernandez and seconded by Miller to waive
further reading of the resolution and adopt; and to approve the
following:
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Council Minutes of7/22/03
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Definition of "resident" For purposes of determining non-resident Community -
Services fees, direct staff to define a resident as an individual who
has a permanent place of residence at an address that is within the
incorporated city limits of the City of West Covina. When 70% of
a team's roster qualifies as residents, the "resident" rate will be
charged for team -based fees.
Motion carried 5-0.
HEARING THE 2003/2004 COMMUNITY DEVELOPMENT BLOCK
GRANT ACTION PLAN
City Clerk Berry verified the affidavit of publication and Mayor
Herfert opened the hearing. Interim Community Services Director
Samaniego presented the staff report and noted that the consultant
was in the audience and available to answer questions.
Councilmember Miller requested the City Attorney to
check the effect, if any, of an outdated Housing Element on
receiving CDBG funds.
Public Testimonv Mayor Herfert opened the public testimony portion of the hearing
and asked for comments from the audience. No one addressed the
City Council and Mayor Herfert closed the public testimony por-
Testimony closed tion of the hearing.
City Clerk presented:
Resolution 2003-76 RESOLUTION NO. 2003-76 — A RESOLUTION OF THE
CDBG Action Plan CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, REQUESTING APPROVAL TO APPLY FOR GRANT
FUNDS PURSUANT TO THE UNITED STATES HOUSING
AND COMMUNITY DEVELOPMENT ACT OF 1974 AS
AMENDED AND CERTIFYING THE ENVIRONMENTAL
REVIEW RECORD THEREON
Motion by Sanderson and seconded by Hernandez to waive
further reading of the resolution and adopt, approving the
2003/2004 Action Plan and Amendments to the Consolidated Plan.
Motion carried 5-0.
HEARING WEST COVINA AUTO PLAZA BUSINESS
IMPROVEMENT DISTRICT 2003/2004 ANNUAL REPORT
AND ASSESSMENT
City Clerk Berry verified the affidavit of publication and Mayor
Herfert opened the hearing. Brief comments were given by City
Attorney Alvarez-Glasman regarding the annual report and assess-
ment.
Public Testimonv Mayor Herfert opened the public testimony portion of the hearing
and asked for comments from the audience. No one addressed the
City Council and he closed the public testimony portion of the
Testimony closed hearing.
Recess Mayor Herfert called a brief recess at 8:37 pm. The City Council
reconvened at 8:42 pm with all members present.
Councilmember Wong commenced Council discussion with a
question about the upkeep and aesthetics of the Auto Plaza signage
as proposed in the budget. Redevelopment Agency Director
Chung responded.
City Clerk Berry presented:
Resolution 2003-77 RESOLUTION NO. 2003-77 — A RESOLUTION OF THE
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Council Minutes of 7/22/03
West Covina Auto Plaza CITY COUNCIL OF THE CITY OF WEST COVINA. CALI-
FORNIA, CONFIRMING THE ANNUAL REPORT FOR THE
WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT
DISTRICT AREA FOR FISCAL YEAR 2003/04
Motion by Miller and seconded by Sanderson to waive
further reading of the resolution and to adopt. Motion carried 5-0.
REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting at 8:50 pm to
convene the Redevelopment Agency. The City Council recon-
vened at 9:15 pm with all members present.
FIRE DEPARTMENT FIRE DEPT. AMBULANCE TRANSPORT SERVICES
Mayor Herfert stated that although a staff report would be received
Ambulance Transport Service this evening, the City Council would not be taking action tonight
on this item. He said he would forward any questions to the Fire
Chief later this week. Fire Chief Greene presented the staff report
with slides, noting that the City would be able to recover
approximately $650,000 annually by transporting patients. He
responded to questions posed by Council.
Joel Gelfand Joel Gelfand, 1513 E. Portner, opposed changing the ambulance
transportation program, as it is current set up, as it seems to work
just fine. He commented on response times, training, and backup
units.
Herb Redholtz Herb Redholtz, 2622 Altamira Drive, believed that this proposed
program would take the service offered now to a new level,
generate revenue, and it makes good sense to pursue it.
John Scheuplein John Scheuplein, 1800 Aroma Drive 4247, agreed with the
previous speaker and spoke highly of the Fire Chief and his staff
report.
Bernie Wilner Bernie Wilner, 2108 Casa Linda Drive, felt the Chief s report was
quite comprehensive and suggested that a third ambulance on a
standby basis would be a good idea.
Francis Dowling Francis Dowling of Cole -Schaefer Ambulance Services suggested
a study session with American Medical Response, Cole -Schaefer,
and the Fire Chief.
Councilmember Hernandez spoke highly of the proposal:
increasing revenue to the City while increasing service to the
residents at the same time. He didn't think it was necessary to hold
this matter over, as the ambulance services knew over a month ago
that the City Council would be considering the transporting of
patients. Councilmember Sanderson briefly expressed her issues
with this proposed program.
Motion by Wong and seconded by Miller to hold the matter over to
the August 19t" City Council meeting. Motion carried 4-1 with
• Hernandez voting no.
MAYOR'S REPORTS PAYMENT OF CONTRACT CITIES ASSOCIATION DUES
FOR FY 2003/2004
Council reviewed the staff report.
Motion by Sanderson and seconded by Herfert to approve
the payment of $2800 for this upcoming fiscal year. Motion
carried 3-2 with Miller and Wong voting no.
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Council Minutes of 7/22/03
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COUNCILMEMBERS' REPORTS
Councilmember Hernandez
Revitalization of Glendora Avenue
Revitalizing Glendora Center Councilmember Wong stated that his former family business was
located on Glendora Avenue and because of conflict of interest
laws, he must abstain from the discussion and vote on this issue.
He stepped away from the Council table.
Councilmember Hernandez expressed his concerns and
ideas regarding the Glendora Center.
Herb Redholtz Herb Redholtz, 2622 Altamira Drive, agreed with Councilmember
Hernandez' comments and that the City is not taking advantage of
its freeway access.
Councilmember Sanderson also agreed and stated that a little work
needs to be done to make it pedestrian friendly.
Motion by Hernandez and seconded by Sanderson to direst staff to
brink back plans to revitalize the center. Motion carried 4-0-1 with
Wong abstaining.
Councilmember Wong resumed his seat at the Council dais.
Councilmember Miller —
Letter of Opposition to SB 440 (Burton) — Binding Arbitration
Letter of Opposition SB 440 Councilmember Miller expounded on the staff report.
Motion by Miller and seconded by Sanderson to approve
the staff recommendation to forward a letter of opposition to SB
440 from the City to all state elected officials representing West
Covina and the League of California Cities. Motion carried 5-0.
Councilmember Miller —
Change in the Plan for the BKK Proiect
Councilmember Miller elaborated on staff report, expressing what
kind of information he is seeking to discuss a community park at
BKK rather than the Big League Dreams.
John Scheuplein John Seheupleir, 1800 Aroma Drive 9247, explained his
opposition to the request made by Councilmember Miller. He felt
Mr. Miller was really seeking a reconsideration of the Big League
Dreams . project that has already been approved, similar to the
Cameron Park gymnasium project.
Herb Redholtz Herb Redholtz, 2622 Altamira Drive, said it is tiring to be taking
backward steps that delay projects.
Cookie Nance Cookie Nance, 1216 W. Eckerman, agreed with the two previous
speakers.
Councilmember Sanderson noted that the City has a binding agree-
ment with Big League Dreams. Perhaps if a different course is
desired, the City should go back to Big League Dreams and discuss
that with them.
She offered to make a motion to direct staff to go back to
BLD and find out what options are available and report back to
Council. Councilmember Hernandez stated that he would second
her motion if it included the following:
* direct staff to discuss with BLD the numbers of the project,
Council Minutes of 7/22/03
•
* residents having to pay to use the facility they will have
already paid for through taxes,
* when are the hours available to students.
Main motion Motion by Sanderson and seconded by Hernandez to go back to
BLD to revisit the numbers, hours of availability, and renegotiate a
better deal with BLD, and to receive and file the staff report.
Discussion ensued. Councilmember Wong stated that he
would support the motion if it included providing the information
to Councilmember Miller that he was requesting. Mr. Wong
explained the change in the City's fiscal picture from the time the
project was approved to this point in time. He reminded the
audience that Finance Director Bachman reported that if the City
doesn't stop spending at the rate it is currently spending, the City's
available reserves will be gone in about five years — which doesn't
take into account the $8 million net present value loss from BLD's
portion of the BKK project or any impact the state is going to have
on the City's budget.
Councilmember Miller explained that he was not asking for
something that isn't already available, he just wants it assembled
and reconstituted in another fashion.
Mayor Herfert spoke of the positive project at the BKK property, a
turnaround from the negativity of the landfill. He didn't favor
changing anything with Big League Dreams at this time could
cause the City to become involved in litigation. It's too late. A
closed session on the ramifications of terminating the contract
would be acceptable. Further discussion followed.
Amended motion Motion by Wong and seconded by Miller to amend the motion on
the table to include and address the items listed in Councilmember
Miller's letter. Motion carried 3-2 with Sanderson and Herfert
voting no.
Mayor Herfert asked for a vote on the main motion. Motion
carried 3-2 with Sanderson and Herfert voting no.
Councilmember Miller —
State of California Budeet Update
Councilmember Miller elaborated on the staff report, explaining
the "triple flip." He also addressed a new organization being
formed to address the raids on cities coming down from the State.
The organization is called "City PAC." Councilmember Wong
added further comments.
Continued closed session cancelled Mayor Herfert cancelled the remainder of the closed session that
Council earlier agreed to hold at the conclusion of this meeting.
ADJOURNMENT
Attest:
City Clerk Janet Berry
Motion by Sanderson and seconded by Hernandez to adjourn the
meeting at 11:09 pm. Motion carried 5-0.
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