10-07-2003 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 7, 2003
Mayor Herfert called to order the regular meeting of the West Covina City Council at 8:35 pm in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Pasmant gave the
invocation and Councilmember Miller led the Pledge of Allegiance.
ROLL CALL Mayor Herfert, Mayor Pro Tem Miller,
Councilmembers Hernandez, Sanderson, and Wong
Others Present: Pasmant, Alvarez-Glasman, Freeland, Fields, Yauchzee, Paul,
Dewus, Genovese, Greene, Hoppe, Durbin, Tedesco, Bachman,
Anderson, Bommarito, Janis, Hernandez, Wills, Samaniego,
Chung, Berry
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported that the closed session
commenced at 6:00 pm with all members of the City
Council/Redevelopment Agency present. In relation to all items
listed for discussion, a briefing was given on each item and
direction given to staff. There were no final actions taken on any
of them and there is nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant stated that two items were being
recommended for hold over: E-4 (re Athens Services Multi -
Family Per Unit Service Adjustment) and C-1 (the Continued
Public Hearing concerning the Termination of the Cable TV
Contract).
Motion by Hernandez and seconded by Sanderson to hold
those two items over until the next Council meeting. Motion
carried 5-0.
APPROVAL OF MINUTES The following minutes were approved as presented:
Regular meeting of March 4, 2003
Regular meeting of August 19, 2003
Special meeting of September 2, 2003
Special meeting of September 23, 2003
PROCLAMATION Mayor Herfert proclaimed October 6 through October 10 as
Rideshare Week and presented the proclamation to Environmental
Management Director Samaniego.
ORAL COMMUNICATIONS
Lloyd Johnson Lloyd Johnson, 1809 Adams Drive, suggested Council not get
involved with the OPTIONS teachers' pay negotiations. Secondly,
he suggested the City Council move forward with Big League
Dreams.
Mark Booth Mark Booth, 1455 Queen Summit Drive, spoke favorably of the
anticipated BLD project and urged Council to move forward with
it.
Council Minutes of 10/7/03
John Hughes John Hughes, 709 S. Evanwood, remarked the disrespect to the
audience, both at home watching on television and those in the
Council Chambers, when the City Council begins the meeting long
after the scheduled 7:00 pm start time. Secondly, let's get BLD
moving along.
Katherine Castucci Katherine Castucci, 430 Pima Avenue, spoke in favor of getting
BLD off the ground, as it is sorely needed in the community. She
commended Councilmember Hernandez for trying to get a better
financial deal for the City.
Paul Gigar Paul Gigar, 1709 Gigar Terrace, said there is nothing left to say
about BLD, but get going with it.
Nancy Adin Nancy Adin, 2633 Maureen Street, felt the entire issue of BLD is
black and white. She encouraged Council to continue with the
project.
Gary Amy Gary Amy, former Mayor of Cathedral City, related the success of
BLD at Cathedral City.
Cookie Nance Cookie Nance, 1235 W. Eckerman, noted her support of the BLD
proj ect.
Robert Agee Robert Agee, 2647 Elena Avenue, provided his support for the
BLD project and said it's time to wavering and either do it or not.
Ralph Eppley Ralph Eppley, 2652 Elena Avenue, appealed to Council to move
forward with the BLD project and avoid the possibility of it
turning into a superfund site.
David Casper David Casper, 1307 W. Eckerman, explained his support for the
project in the City.
Galal Gough Galal Gough, 2261 Meadow View Lane, Chino Hills, noting that
the City Council owes it to the kids.
Herb Redholtz Herb Redholtz, 2622 Altamira Drive, expressed his support as well
for BLD.
Bill Russell Bill Russell, past professional baseball player and BLD repre-
sentative, spoke of his involvement with BLD and young baseball
players.
Darrell Miller Darrell Miller, past professional baseball player and BLD repre-
sentative; spoke highly of the benefits available to the youth of the
community using the BLD facility.
John Shewmaker John Shewmaker, 1825 Borrego Drive, felt the BLD was a great
opportunity for the community and urged Council's approval.
John Scheuplein John Scheuplein, 1800 Aroma Drive #247, presented a petition
indicating support for the BLD to be constructed at the BKK Land-
fill site. He read and submitted a letter from Elba Comeau, 1925
E. Merced Avenue.
Ed Cassanova Ed Cassanova, 809 Avington, recommended that Council not try to
go back and rewrite history, just move forward with the BLD
project.
Lisa Rosen Lisa Rosen, 997 Bradford Street, Pomona, spoke on behalf of
Joshua Connole, the young man whom the FBI and West Covina
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Council Minutes of 10/7/03
Police arrested as the suspect who had caused the vandalism and
arson at the Hummer Car Dealership a month earlier. Mr. Connole
and his housemates were detained, investigated, and their home
left in complete disarray with at least sixteen people losing a lot of
personal belongings. She related the day's events.
Jessie Dowling Jessie Dowling, 997 Bradford Street, Pomona, one of the
housemates living in the same house with Joshua (called Regen V),
related that day's experience with the FBI and is holding the FBI
responsible for the personal property taken and the disruption to
the whole household.
William Paparian William Paparian, Joshua Connole's attorney, explained acts of
domestic terrorism and spoke on behalf of his client. He stated
that every spokesperson in West Covina describes Joshua as a
suspect, even though he was left go by the Police and there wasn't
any evidence to arrest him.
Joshua Connole Joshua Connote, 997 Bradford Street, Pomona, related how this
whole affair has affected him, his family, and his housemates. He
said he is a peaceful person, a pacifist and it is deplorable to him
that he has heard the Police intend to take him back into custody.
He talked about his community activities.
Emily Lutz Emily Lutz, 341 E. Kingsley Avenue, Pomona, talked about the
effect of the situation on her as one of the Regen Co-op
participants. She explained the invasion of her privacy by the FBI
and asked the Council to have the FBI return her things.
Tun Truin Tun Truin, 2601 W. Redlands Boulevard, Redlands, spoke highly
of his friend Joshua Connole's fine character.
Gretchen Butler Gretchen Butler, Claremont, urged the City Council to join
hundreds of cities that refuse to comply with the Patriot Act, and
asked Council to please help correct the injustices done to Joshua
and his friends.
David Levering David Levering, retired history professor from Cal Poly and dis-
cussed the center there for regenerative studies. He explained the
Regen V project where Joshua lived in Pomona.
Melissa Rodriguez Melissa Rodriguez, 831 N. Yvonne Place, questioned the actions
of the West Covina Police Department. She was there the day the
house was raided and related the experience of that day.
Larela Maloney Larela Maloney, 997 Bradford, Pomona, another of the housemates
who gave her side of the ordeal.
Cathrine McMillan Cathrine McMillan, 997 Bradford, Pomona, was with Joshua
throughout the entire ordeal. She asked for an investigation into
the suspicious method of the arrest. She encouraged Council to
adopt a resolution opposing the Patriot Act. _
• Leif Lorenzen Leif Lorenzen, Brea, spoke highly of his friend, Joshua Connole,
and asked Council to ensure the return of the belongings.
James Roberts James Roberts, 341 Kingsley Street, Pomona, spoke of his
academic experience and activities surrounding the program of
regenerative studies and his knowledge of Joshua. The FBI
confiscated his computer and desperately needs Council's help to
get it back.
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Council Minutes of 10/7/03
Kortney Zeman Kortney Zeman, 341 E. Kingsley, a member of Regen —V and
spoke to the unjustified search and seizure of her home. She asked
for Council's assistance.
Scott Connole Scott Connole, 6815 Homan Court, spoke highly of his son,
Joshua, and his experience in seeing his son being accused of the
terrorist act, knowing full well that he could not possibly have
done such a thing. He thanked the Council for listening to every-
one tonight.
Doug Korthof Doug Korthof, 1020 Mar Vista, Seal Beach, spoke of the house
arrangements of the Regent V. He noted that these students are
good kids and not the kind of individuals that do these horrible
things. He spoke of the rights that were violated during that day of
search and seizure.
Todd Lininger Ton Lininger, 536 Knepp Street, Fullerton, spoke highly of his
friend Josh and others in the household. He couldn't believe in
this day and age in America that the FBI would trash people's
homes they way they did. He requested the Council to do their
best to retrieve their things and help restore the reputations of
every one of the house members and the visitors there that day.
Recess Mayor Herfert noted that freedom of speech is highly prized in this
City and you are welcome to express your views. He recessed the
meeting at 10:10 pm. The City Council reconvened at 10:27 pm
with all members present.
ITEMS HELD OVER Mayor Herfert asked the City Manager to indicate which items can
be pulled off the Agenda and placed on the next City Council
agenda for consideration.
The City Council concurred on holding over the following items:
Consent Calendar:
1)
Award of Bid: Graffiti Removal
2)
Purchase of three (3) Type II Ambulances
Public Hearings:
1)
Termination of Cable TV Contract
2)
Housing Element Update (1998-2005) and Negative Dec.
Motion by Miller and seconded by Hernandez to open the
hearing and carry it over until the next Council meeting.
Motion carried 4-0-1 with Wong abstaining.
Councilmember Wong noted that the Housing Element
addresses an area of the City in which his family owns
commercial property, and in light of conflict of interest
laws, he would abstain.
Department Matters:
1)
Public Works: Review of the City Speed Hump Guidelines
2)
Finance: 2002/03 and 2003/04 FY Budget Update
Councilmember Reports:
1)
Councilmember Sanderson—
Cortez Park Master Plan Update
2)
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Councilmember Miller —
Request to have Planning Commission Review EIR on the
Conceptual Plans for a Community Park
3)
Councilmember Hernandez —
Hosing Assistance Programs for Senior Citizens
4)
Councilmember Miller —
City Council Liaison Meeting Highlights
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Council Minutes of 10/7/03
5) CouncilmemberSanderson —
Expansion of the Senior Center
Mayor's Reports.
1) Ambulance Service
2) Public Works Capital Improvement and
Engineering Consultant
3) Big League Dreams Negotiations Update
• CITY MANAGER'S OFFICE RESOLUTION SUPPORTING A STATEWIDE INITIATIVE
TO REQUIRE VOTER APPROVAL BEFORE STATE OF
CALIFORNIA CAN CONFISCATE AND TRANSFER
LOCAL FUNDS
City Manager Pasmant gave a brief overview of the staff report.
City Clerk presented:
Resolution 2003-89 RESOLUTION NO. 2003-89 — A RESOLUTION OF THE
Supporting a ballot measure CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, SUPPORTING A STATEWIDE BALLOT INITIA-
TIVE TO REQUIRE VOTER APPROVAL BEFORE STATE
GOVERNMENT MAY TAKE LOCAL TAX FUNDS
Motion by Hernandez and seconded by Sanderson to waive
further reading of the resolution and adopt. Motion carried 5-0.
CONSENT CALENDAR Commission Summary of Actions (receive & file)
Human Resources 7/9/03
Senior Citizens 8/14/03
Waste Management/Environmental Quality 8/21/03
Planning 9/9/03 & 9/23/03
Claims Against the City
Josenhine Chavez Castaneda vs Citv of West Covina
It is recommended that the personal injury claim on Josephine
Chavez Castaneda be denied and the claimant's attorney be so
notified.
Passco Property Management, Inc. vs. City of West Covina
It is recommended that the claim for indemnification of Passco
Property Management, Inc. filed on August 7, 2003 be denied and
claimant's attorney be so notified.
Award of Bids
Graffiti Removal Award of Bid
Held Over Recommendation is to take the following actions:
1. Award the bid for graffiti removal to Boys and Girls Club
of San Gabriel Valley for a three-year period, from
September 1, 2003 through August 31, 2006 at $109,000
per year; and
2. Authorize the Environmental Management Director and
City Clerk to execute an agreement with Boys and Girls
Club of San Gabriel Valley for graffiti removal services in
• the City of West Covina to August 31, 2006. Upon mutual
agreement of the City of West Covina and Boys and Girls
Club of San Gabriel Valley, the contract may be renewed
on a year-to-year basis at the prices bid to August 31, 2006;
and
3. Approve the following maximum expenditures for
payment:
• $43,200 from 9110-320-2311-6169
• $14,400 from #862-320-5100-6169
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Council Minutes of 1 OY7103
$12,240 from 9876-320-5100-6169
$ 2,160 from #877-320-5100-6169
$37,000 from #180-320-2244-6130
Building Plan Check Consultant for Overflow and
Expedited Services
• Plan Check Consultant - Recommendation is to authorize the Public Works Director/City
MRH Structural Engineers Engineer and City Clerk to execute an agreement with MRH
Structural Engineers of Orange, CA, for overflow and expedited
plan check services renewable up to five years.
Extension of Contract for Cameron Park Community Center and
Gymnasium Special Test and Inspection Services (BP 03309E)
Cameron Park Center inspections Recommendation is to authorize the Public Works Director/City
Smith -Emery Laboratories Engineer to extend the current service contract with Smith -Emery
Laboratories, and issue a purchase order in an amount of $21,838
for the remaining special inspection work to be done.
Police Department Refurbishment, Phase 2
PD Refurbishment - Recommendation is to find that Whelan Construction of West
Whelan Construction Covina is the lowest bidder for the construction work component
of project BP 03315 and authorize a contract for a total cost up to
$83,209 from state and federal asset forfeiture funds (116-320-
3309-7500 and 117-320-3309-7500)
Traffic Committee Minutes (accept & file)
Regular meeting of September 16, 2003
City Treasurer's Report (receive & file)
Report for the month of August 2003
Miscellaneous - Finance Department
Surplus Vehicles
Recommendation is to adopt the following resolution:
Resolution 2003-90 RESOLUTION NO. 2003-90 — A RESOLUTION OF THE CITY
Surplus Vehicles COUNCIL OF THE CITY WEST COVINA, CALIFORNIA,
DECLARING CERTAIN CITY PROPERTY AS SURPLUS
Miscellaneous — Environmental Management
BKK Landfill Closure Plan — Monthly Status Report
Recommendation is to receive and file the report.
Miscellaneous — Police Department
New Office of Traffic Safety (OTS) Grant
Recommendation is to take the following actions:
1) Accept the 2003 California Office of Traffic Safety (OTS)
grant for alcohol -related traffic enforcement and education
efforts.
2) Appropriate this $91,013 reimbursable grant as follows:
* $47,500 in 198-320-2112-5113 (traffic enforcement overtime)
* $9,763 in 198-320-2112-5xxx (overtime -derived benefits)
* $2,500 in 198-320-2112-6050 (grant travel and training)
* $9,200 in 198-320-2112-6220 (supplies, including alcohol
sensor devices, radios, etc.)
Council Minutes of 10/7/03
Critical Infrastructure Protection Grant
Recommendation is to accept the $102,989 Critical Infrastructure
Protection grant, to a General Fund revenue account in
reimbursement of public safety overtime utilized during the war
with Irag in March and April of 2003, and adopt the following
resolution:
• Resolution 2003-91 RESOLUTION NO. 2003-91 — A RESOLUTION OF THE CITY
Police Grant COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING ACTIONS NECESSARY TO OBTAIN FUNDS
UNDER THE STATE HOMELAND SECURITY CRITICAL
INFRASTRUCTURE PROTECTION (CIP) GRANT PROGRAM
Advisory Board Recommendations for 2003/05 BJA Local Law
Enforcement Block Grant
Police Grant Recommendation is to take the following actions:
1) Approve the spending breakdown of the 2003-05 BJA
Grant and match (a total of $84,772) as follows:
• $7,000 into 210-320-2110-5112 for part-time positions
working forensics, backgrounds, and school programs.
$29,772 into 201-320-2110-5113 for school zone traffic
enforcement, mall enforcement, and special community
policing overtime activities.
$8,000 into 210-320-2110-6050 for supplemental police
training and the mandatory BJA grant recipient training.
$40,000 into 201-320-2110-7160 for public safety
equipment, including traffic and forensic items.
2) Accept the $76,295 Federal grant, and authorize the
transfer of $8,477 from 110-320-2110-5113 to 210-320-
2110-5113 as the required local cash match.
3) Authorize the future appropriation of interest earned under
this grant. (The interest must, according to grant rules, be
spent on these activities by the end of the grant period, or
be returned to the federal government.)
Miscellaneous — City Clerk's Office
Disposition of Damaged Boxes at the City's Storage Facility
Recommendation is to adopt the following resolution:
Resolution 2003-92 RESOLUTION NO. 2003-92 — A RESOLUTION OF THE CITY
Disposition of records COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE RESTORATION OF, AND RATIFYING
THE DESTRUCTION OF, DAMAGED DOCUMENTS AS
INDICATED IN THE EXHIBIT
Miscellaneous — Public Works
Lot Line Adjustment No. 152 —
Location: 2965 Hillside Drive and 1530 Fairway Knolls Road
Recommendation is to adopt the following resolution:
Resolution 2003-93 RESOLUTION NO. 2003-93 — A RESOLUTION OF THE CITY
Lot Line Adjustment 152 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
. APPROVING LOT LINE ADJUSTMENT NO. 152 AT 2965
HILLSIDE DRIVE AND 1530 FAIRWAY KNOLLS ROAD
AND DIRECTING THE RECORDATION THEREOF
(Hirst/Gomez)
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Council Minutes of 10/7/03
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Resolution 2003-94
Applying for grant
Miscellaneous — Community Services
Approving an Application for Per Capita Grant Funds Under the
California Clean Water, Clean Air, Safe Neighborhood Parks and
Coastal Protection Act of 2002
Recommendation is to adopt the following resolution:
RESOLUTION NO. 2003-94 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA TO APPLY FOR
GRANT FUNDS FOR PER CAPITA GRANT PROGRAM
UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR,
SAFE NEIGHBORHOOD PARKS, AND COASTAL PRO-
TECTION ACT OF 2002
Approving an Application for Grant Funds from the Roberti-
Z'Berg-Harris Block Grant Program Under the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection
Recommendation is to adopt the following resolution:
Resolution 2003-95 RESOLUTION NO. 2003-95 — A RESOLUTION OF THE CITY
Block Grant Application COUNCIL OF THE CITY OF WEST COVINA TO APPLY FOR
GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS
BLOCK GRANT PROGRAM UNDER THE CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD
PARKS, AND COASTAL PROTECTION ACT OF 2002
Miscellaneous — Risk Management
Clarification of Existing Life Insurance Benefits for
Members of the City Council
Recommendation is to adopt the following resolution:
Resolution 2003-96 RESOLUTION NO. 2003-96 — A RESOLUTION OF THE CITY
Council Life Insurance COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
RELATING TO RATIFYING EXISTING LIFE INSURANCE
BENEFITS FOR MEMBERS OF THE CITY COUNCIL
Miscellaneous — Fire Department
Purchase of Three (3) Type II Ambulances
Held Over Recommendation is to take the following actions:
1. Appropriate $20,950 from account number 200-320-2181-
6424 for the purchase of three (3) ambulances; and
2. Find that Leader Industries bid number #MP0893 to the
Orange County Fire Authority meets or exceeds all bid
requirements of the City; and
3. Approve the following resolution authorizing the lease
purchase financing with Sun Trust Leasing corporation in
the amount of $192,326.70 to fund the acquisition of three
(3) ambulances and authorizing the Director of Finance to
execute all necessary documents.
A RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF EQUIPMENT SCHEDULE NO. 3, AN
ESCROW AGREEMENT, AND RELATED INSTRUMENTS,
AND DETERMINING OTHER MATTERS IN CONNECTION
THEREWITH
Miscellaneous — City Manager's Office
Location of Follow-up City Council Meeting for the Town Hall
Meetine of September 23. 2003
It is recommended that the City Council hold the regularly
scheduled City Council meeting of October 21, 2003 at City Hall
instead of the Senior Citizens Center.
Council Minutes of 10/7/03
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CONSENT CALENDAR ACTION
Motion by Hernandez and seconded by Miller to waive further
reading of the resolutions and adopt; and to approve all other items
listed, except the following: B-3d (pulled by Councilmember
Sanderson for separate action), B-3a (held over to 10/21), B-6k
(held over to 10/14). Motion carried by roll call vote:
AYES: Hernandez, Miller, Sanderson, Wong, Herfert
NOES: None
Item B-3d In relation to Item B-3d (Police Department Refurbishment,
Phase 2), Councilmember Sanderson stated that she would abstain
from the vote on this issue as her company has done work for
Whelan Construction, the company receiving the contract award.
Motion by Herfert and seconded by Hernandez to approve
the staff recommendation for the Refurbishment of the Police De-
partment, Phase 2.
Motion carried 4-0-1 with Sanderson abstaining.
END OF CONSENT CALENDAR
REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting at 10:35 pm to
convene the Redevelopment Agency. The City Council recon-
vened at 10:35 pm with all members present.
ORAL COMMUNICATIONS (CONTINUED)
Mr. Liu Mr. Liu, 2429 Mardina, urged Council to have the scavenging
ordinance be enforced and gave the reason for his request: his
neighbor has been collecting beer bottles from the local bars late at
night for the last four years.
Mayor Herfert asked for a report on the issues and City
Manager Pasmant stated it would be included in the weekly report.
DEPARTMENTAL MATTERS
COMMUNICATIONS
LEASE AGREEMENT WITH AT&T WIRELESS
Adrianne Patnaud Adrianne Patnaud, agent for AT&T Wireless, introduced herself
and noted her company's eagerness to install the 56-foot structure
at Cameron Park.
Communications Director Durbin presented the staff report.
Motion by Sanderson and seconded by Miller to approve
the proposed lease Agreement authorizing AT&T Wireless to lease
space to build a wireless telecommunications facility within
Cameron Park and authorize the Mayor to execute the Lease
Agreement. Motion carried 5-0.
CITY MANAGER'S OFFICE LETTER OF OPPOSITION TO HR 49 (Cox)
INTERNET TAX NONDISCRIMINATION ACT
Administrative Analyst Freeland presented the staff report.
Motion by Miller and seconded by Wong to direct staff to
forward a letter of opposition to HR 49 from the City to all federal
elected officials representing West Covina and the League of
California Cities. Motion carried 5-0.
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Council Minutes of 10/7/03
Clarification of Hold Over Items City Manager Pasmant asked for a clarification as to the items to
be included on the Agenda for the Adjourned Regular Meeting of
October 7, 2003 to be held in the Management Resource Center at
7:30 pm. After discussion, it was decided the following be held on
October 7:
* Ambulance Service
• * Purchase of Three Type II Ambulances
Mayor Herfert also noted a closed session should be also be
scheduled to address BLD.
ADJOURNMENT Motion by Miller and seconded by Wong to adjourn the meeting at
10:50 pm in memory of past Senior Citizens Commissioner Glen
Buckingham who recently passed away.
Attest:
City Clerk Janet Be
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Mayor Herfert asked for a report back on how to name facilities
after influential citizens who have dedicated themselves to the
community, as Mr. Buckingham did.
Motion carried 5-0.
Mayor Ste e erfert
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