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12-02-2003 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL December 2, 2003 • Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:15 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Kelly Dupee of Faith Community Church gave the invocation preceded by a moment of silence for the family members and their loved ones who were killed by a DUI driver in the early morning hours on November 30 at the intersection of Cameron and California Avenue PLEDGE OF ALLEGIANCE Councilmember Hernandez led the flag salute. ROLL CALL Mayor Herfert, Mayor Pro Tem Miller, Councilmembers: Hernandez, Sanderson, Wong Others Present: Pasmant, Alvarez-Glasman, Chung, Freeland, Greene, Morgan, Bommarito, Yauchzee, Paul, Taylor, Johnson, Genovese, Wills, Hoppe, Gardner, Durbin, Samaniego, Berry REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that the special meetings convened at 6:07 pm and all members of the Agency Board and City Council were present. Prior to the closed sessions one person addressed the City Council. Regarding the City Council anticipated litigation matter, a briefing was provided, discussion conducted, no final was taken and there is nothing to report. The second City Council item slated for discussion was not addressed. Regarding the RDA existing litigation involving Scofield a briefing was provided but no final action was taken and there is nothing further to report. Regarding the slated properties for dis- cussion, Agency Member Wong excused himself from the meeting due to conflict of interest laws inasmuch as his family owns property within the Glendora Avenue address. A briefing was provided, no final action was taken but staff was given direction and there is nothing further to report. CHANGES TO THE AGENDA City Manager Pasmant stated that third position being recommended for approval (Police Career Reserve Officer) is being removed from Council's consideration, but the other two will remain on the agenda (Consent Calendar Item B-7a). PRESENTATIONS With the assistance of Environmental Management Director • Samaniego, Mayor Herfert presented Certificates of Recognition to the following 2004 Used Oil Recycling Calendar Winners. Congresswoman Hilda Solis' Field Representative, Anela Freeland, presented each with a certificate from Congresswoman Solis as well: * Jennifer Alvarez, Cameron Elementary * Taylor Augino, Merlinda Elementary * Jenesis Chavolla, Orangewood Elementary * Yvonne Ha, Grovecenter Elementary Council Minutes of 12/2/03 * Veronica Jimenez, Immanual First Lutheran School * Jessica Kam, Christ Lutheran School * Staci Lynn Lugo, Wescove Elementary * Jessica Dawn Masten, Rowland Elementary * Angelica Millan, San Jose Edison Academy * Veronica Morales, Orangewood Elementary • * Monique Santos, St. Christopher's Parish School * 2004 Calendar Grand Prize Winner: Brandon Huang, San Jose Edison La Puente City Manager Hal Ledford presented West Covina Building Inspector Ralph Rodriguez with a Certificate of Recog- nition for winning the La Puente's Mayor's Cup 5K Run. Mr. Rodriguez also received a Certificate of Recognition from the City of West Covina. Mayor Herfert and Anela Freeland, representing Congresswoman Hilda Solis, presented Certificates of Recognition to the following West Covina Senior Center Employees for receiving outstanding awards: * Golden Apple Award - Bruce Glaspy * Silver Thermometer Award — Senior Center Staff and Volunteers * Janene House, California Association of Health Facilities, who in turn presented the Senior Citizens Center Supervisor Vanessa Carter with a $2000 check. Fire Chief Greene called forward the City's firefighters that served on strike teams during the recent Southern California wildfires. Mr. Ziad Alhassen, owner of Hummer of West Covina, presented the West Covina Fire Department with a Hummer in appreciation for the Fire Department's service during the recent domestic terrorism attack. In turn, Fire Chief Greene presented Mr. Alhassen with an honorary Fire Chiefs helmet. Police Sgt. Dave Barras introduced the members of the Mounted Enforcement Team volunteers for the presentation of the badges: Shelley Sanderson Andy Pasmant Debra Barras Mary Bird Sharon Frasca-Williams Jim McCrystal Ron Ray ORAL COMMUNICATIONS Royal Brown Royal Brown, 2153 Aroma Drive, stated that he had addressed the City Council prior to closed session, suggesting that the City accept reclaimed water to irrigate the toxic pile portion. Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street #218, addressed the trash rate issue for multi -family complexes verses the same service provided to commercial complexes at a lower rate. She en- couraged Council to discontinue the "per unit" rate and to please address the issue soon, as it has been over a year under consideration. Camie Poulos Camie Poulos, 1655 S. Rama Drive, thanked Council for their support in the past for her organization "Parents Place" annual fundraiser. She requested that the City Council consider waiving the permit fee for the April event. 2 Council Minutes of 12/2/03 Kathleen Putman Kathleen Putman, 1719 W. Padre Drive, complained about the graffiti and gang activity in her area of West Covina. Mayor Herfert directed staff to report back to Council at the next meeting with different approaches to the problem. • CONSENT CALENDAR Commissions/Summary of Actions (receive & file) Planning Commission 11/3/03 and 11/11/03 Ordinance for Adoption (waive reading & adopt) Ordinance 2106 - ORDINANCE NO. 2106 — AN ORDINANCE OF THE CITY Amending RDA Project Areas COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE REDEVELOPMENT PLANS FOR THE WEST COVINA REDEVELOPMENT PROJECT AREAS IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTIONS 33333.2(c) AND 33333.6(e) Ordinance 2107 - ORDINANCE NO. 2107 — AN ORDINANCE OF THE CITY Zone Change 03-06 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 03-06 (BKK property) Claims Against the City Han Xin Liang vs City of West Covina It is recommended that the personal injury and property damage claims of Han Xin Liang filed on September 10, 2003 and September 25, 2003 be denied and the claimant's attorneys be so notified. Che Mio Sou vs City of West Covina It is recommended that the personal injury claims of Che Mio Sou filed on September 10, 2003 and September 25, 2003 be denied and the claimant's attorneys be so notified. Li Lin vs s City of West Covina It is recommended that the personal injury claims of Li Ling filed on September 10, 2003 and September 25, 2003 be denied and the claimant's attorneys be so notified. Xio Jun Chen vs City of West Covina It is recommended that the personal injury claims of Xio Jun Chen filed on September 10, 2003 and September 25, 2003 be denied and the claimant's attorneys be so notified. 21s` Century vs City of West Covina It is recommended that the subrogation claim on 215t Century Insurance filed on October 28, 2003 be denied and the claimant be so notified. Salvador J. Yniguez vs City of West Covina It is recommended that the monetary loss claim filed by Salvador J. Yniguez be denied and the claimant be so notified. Marcella Hauffen vs City of West Covina it is recommended that the property damage claim of Marcella Hauffen be denied and the claimant be so notified. Linda A. Delgado vs City of West Covina It is recommended that the property damage claim of Linda A. Delgado be denied and the claimant be so notified. Council Minutes of 12/2/03 C J • Award of Bid Repair of Damaged Concrete Curb and Gutter Repair (SP 04103) SP 04103 It is recommended that the City Council accept the bid of FS Con- FS Construction struction in the amount of $63,654 ($35,000 from Account No. 161-320-3394-7200 and $40,000 from Account No. 131-320-3394- 7200) as submitted at the bid opening on November 18, 2003 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. Street Rehabilitation Work for Residential Streets (SP 04108) SP 04108 It is recommended that the City Council take the following actions: Silvia Construction 1. Transfer $67,000 (152-320-3401-7200) from Project No. SP-04110 to Project No. SP-04108 (152-320-3399-7200). 2. Accept the lowest responsive bid of Silvia Construction, Incorporated of Rancho Cucamonga in the amount of $469,738 ($150,000 from 152-320-3399-7200, $300,000 from 131-320-3399-7200, and transfer $67,000 to 152-320- 3399-7200) as submitted at the bid opening on November 18, 2003, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. Traffic Committee Minutes (accept & file) Minutes of the regular meeting of November 18, 2003 City Treasurer's Report (receive & file) Report for the month of October 2003 Miscellaneous — Human Resources Approval of Three Class Specifications for the Police Department Three PD positions Recommendation is to adopt the following resolution re: the pro- posed new class specifications for Software Developer, Software Development Intern, and Police Career Reserve Officer: Resolution 2003-112 RESOLUTION NO. 2003-112 — A RESOLUTION OF THE Two PD positions approved CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING THE NEW CLASS SPECIFICATIONS FOR SOFTWARE DEVELOPER AND SOFTWARE DEVELOP- MENT INTERN (as revised earlier by the City Manager to exclude the Police Career Reserve Officer) CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Hernandez to waive further reading of the resolution/ordinances and adopt, and to approve all other items, except: B-2b and 13-7a. Motion carried by roll call vote: AYES: Hernandez, Miller, Sanderson, Wong, Herfert NOES: None Mayor Herfert reminded Council that the resolution proposed in Item 13-7b regarding three class specs within the Police Department approves only two positions and excludes the third: Police Career Reserve Officer. Item B-2b In relation to Item B-2b (Ordinance for Adoption re Zone Change No. 03-06 — BKK property), Joanne Wilner, 3108 Casa Linda Drive, requested Council to not rezone Pad B as Service Commercial (S-C) and to keep Pads A and C zoned as "Open Space" and park land. Motion by Sanderson and seconded by Hernandez to approve the staff recommendation to waive reading and adopt Ordinance No. 2107. Motion carried 3-2 with Miller and Wong voting no. Council Minutes of 12/2/03 Item B-7a In relation to Item B-7a (Selection of Recruitment Firm for Fire Chief), Mayor Herfert expressed concern about the cost of the iecruitment and the extensive national search. He felt the cost was excessive and that the advertisements/brochures should be limited to California. Anyone outside the state interested in the position would certainly review brochures and magazine advertisements • from California. Assistant City Manager Fields responded and Mayor Herfert requested that this item come back to the Council with the various quotes proposed by the other firms. HEARING PUBLIC HEARING CONTINUATION TERMINATION OF CABLE TV CONTRACT Motion by Herfert and seconded by Sanderson to open the con- tinued hearing for the purposes of holding it over until December 16, 2003. Motion carried 5-0. REDEVELOPMENT AGENCY Mayor Herfert recessed the City Council meeting at 8:20 pm to convene the Redevelopment Agency. The City Council recon- vened at 8:21 pm with all members of the Council present. Ordinance for Adoption CDC Establishment of a Community Development Commission Redevelopment Agency Director Chung presented the staff report and responded to questions and comments. Council discussed pros and cons of the purpose, benefits, and ramifications to the City of creating the Commission. Another point of discussion was the difference, if any, in the responsibil- ities and authority of the Commission versus the responsibilities and authority of the current Redevelopment Agency. Herb Redholtz Herb Redholtz, 2622 Altamira Drive, favored the formation of a citizens advisory commission to oversee and monitor the status of redevelopment projects in the City, regardless of forming a CDC. Royal Brown Royal Brown, 2153 Aroma Drive, pointed out some apparent inconsistencies in the staff report regarding a reference to a Housing Authority. City Attorney Alvarez-Glasman clarified the issue. John Shewmaker John Shewmaker, 1825 Borrego Drive, addressed the establish- ment of a CDC and the resulting request to increase compensation to the Agency Members and staff with the increased responsi- bilities. Further Council discussion ensued. Councilmember Wong sug- gested a change to the proposed ordinance re: the transference of authority, duties, and responsibilities from the RDA to the CDC. Council discussed his change to Section 2 to drop "and not with respect to a housing authority" at the end of the sentence. • City Attorney Alvarez-Glasman stated that changing an ordinance that is being presented for adoption would require it to be reintroduced and adopted at a later meeting. No changes to the second ordinance provides for the adoption this evening. City Clerk presented for reintroduction: Ordinance reintroduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING THE NEED FOR A COMMUNITY DEVELOPMENT COMMISSION 5 Council Minutes of 12/2/03 - IN THE CITY OF WEST COVINA, AND TRANSFERRING ALL DUTIES, POWERS AND RESPONSIBILITIES OF THE REDEVELOPMENT AGENCY BOARD TO THE COM- MUNITY DEVELOPMENT COMMISSION Motion by Wong and seconded by Sanderson to waive further reading of the ordinance and reintroduce (noting the • deletion in Section 2, above). Motion carried by roll call vote: AYES: Hernandez, Miller, Sanderson, Wong, Herfert NOES: None Ordinance 2108 ORDINANCE NO. 2108 — AN ORDINANCE OF THE CITY City Council as the CDC COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING THE CITY COUNCIL OF THE CITY OF WEST COVINA TO BE THE COMMUNITY DEVELOPMENT COMMISSION Motion by Wong and seconded by Sanderson to waive further reading of the' ordinance and adopt. Motion carried by roll call vote: AYES: Hernandez, Miller, Sanderson, Wong, Herfert NOES: None Recess Mayor Herfert recessed the City Council meeting at 9:22 pm. The City Council reconvened at 9:36 pm with all members of the Council present. DEPARTMENTAL MATTERS FINANCE DEPARTMENT: Councilmember Miller explained the reason he requested the following two reports and agreed to have them considered at the first upcoming budget meeting. Joanne Wilner Joanne Wilner, 2108 Casa Linda Drive, commented on the placement of payments and funds. 1) BKK Settlement Funds 2) Water Sales Proceeds ' Motion by Sanderson and seconded by Miller to bring the items back when the budgetary process begins. Motion carved 5-0. COMMUNITY SERVICES: Award of Annual Usage Agreement to Med Assets to Provide Raw Food and Miscellaneous Supplies for the Senior Meals Program Council reviewed the staff report and Councilmember Wong asked for clarification on a couple of issues. Interim Community Ser- vices Director Samaniego responded. Senior Meals Program Motion by Hernandez and seconded by Wong to take the Med Assets following actions: a) Approve an award of contract to establish an annual usage agreement with Med Assets to provide raw food and miscellaneous supplies for the senior meals program for an annual cost not to exceed the amount of $141,163 from Account No. 131-320-2411-6120 ($54,000), Account No. 146-320-2392-61548 ($85,426), and meal donations Account No. 146-310-0000-4691 ($1,737). The agreement included a built-in consumer price index and may be 0 Council Minutes of 12/2/03 renewed annually for a term not to exceed five (5) years per Purchasing Specifications 0503-13; and b) Authorize the City Manager to execute the contract with Med Assets. Motion carried 5-0. Amend the Contract to Defer the Payment Schedule for the California Street Hockey Association (CSHA) CSHA Interim Community Services Director Samaniego presented the staff report and answered questions regarding the contract payment schedule and CSHA's request for a one-year payment extension. Council discussion ensued. Councilmember Wong asked for a copy of the contract and Mayor Herfert requested a list of CSHA's invoices as well as the time frame they were down due to the upgrade construction at the site. Motion by Sanderson to take the following actions: 1) Approve the request from CSHA to defer the payment schedule of the Maintenance and operation Agreement with the City of West Covina by one year beginning 2002 to 2003; and 2) Defer the decision on the second recommendation until receipts have been submitted by CSHA and make a decision on this once they have been submitted. Gilbert Morrison Gilbert Morrison of California Street Hockey Association responded to questions posed by Councilmember Wong and spoke of the request before Council. Motion by Wong and seconded by Miller to amend the motion to defer the $40,000 payment to June 30, 2004 and, concurrent with that, the City begin an RFP process for the management of the facility to start in July 2004. Motion carried 3-2 with Sanderson and Herfert voting no: The vote on the amended main motion carried 3-2 with Sanderson and Herfert voting no. Motion by Wong and seconded by Miller to reconsider the last motion. Councilmember Wong stated that he would like to hold this item over until January at which point CSHA will be in breach of the existing contract, which expires on December 31, 2003. At that point, the City Council can consider giving a six-month extension to CSHA and go out for RFP. City Attorney Alvarez-Glasman stated that the motion to reconsider requires a vote. Mayor Herfert asked for the vote to reconsider. The motion to reconsider carried 5-0. Motion by Wong and seconded by Herfert to hold this matter over until the first meeting in January 2004. Motion carried 4-1 with Sanderson voting no. • FIRE DEPARTMENT: Purchase of Three (3) Type II Ambulances Fire Chief Greene presented the staff report. City Clerk Berry presented: Resolution 2003-113 RESOLUTION NO. 2003-113 — A RESOLUTION OF THE Approving ambulance purchase CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF EQUIPMENT SCHEDULE NO. 3, AN ESCROW AGREE- 7 Council Minutes of 12/2/03 E • MENT, AND RELATED INSTRUMENTS, AND DETER- MINING OTHER MATTERS IN CONNECTION THEREWITH First Motion Motion by Miller and seconded by Sanderson to waive further reading of the resolution and adopt, and to approve the other following recommendations: 1) Appropriate $20,950 from Account No. 200-320-2181- 6424 for the purchase of three (3) ambulances; and 2) Find that Leader Industries Bid No. MP09893 to the Orange County Fire Authority meets or exceeds all bid requirements of the City. Amendment After expanding on his thoughts on the matter, Councilmember Hernandez amended the motion, or offered as an alternate motion, to direct staff to work with AMR and Schaefer Ambulance to reconfigure the current mode of operation with certain conditions: that there be dedicated service to the City, complete with decals on the dedicated trucks/ambulances and the dispatching of ambulances would be through the Fire Department rather than the individual companies. Councilmember Hernandez's amendment was seconded by Sanderson. Council discussion followed. Mayor Herfert asked for a vote on the amendment. Motion carried 5-0. Mayor Herfert asked for a vote on the amended motion, which carried 5-0. Staff was directed to work with the two ambu- lance companies and return back to the City Council on December 16, 2003. MAYOR'S REPORTS 1) Engineering Consultant Services for Public Works Capital Improvement Projects Council reviewed the staff report. Motion by Herfert and seconded by Sanderson to direct staff to issue an RFP for management oversight on Capital Improvement projects. ' Lengthy Council discussion ensued and Public Works Director/City Engineer Yauchzee clarified the different issues at hand, and responded in the affirmative to Councilmember Wong in supplying cost comparisons. RFP for CIP oversight Mayor Herfert amended his previous motion to adopt the staff recommendation to direct the Engineering Division to proceed with a Request for Proposal process to obtain overflow and expedited engineering consultant services. The amended motion was seconded by Sanderson. The amended motion carried 5-0. 2) Development of New Soccer Fields at Orangewood Park Soccer Fields at Orangewood Park Interim Community Services Director Samaniego presented the staff report, seeking further direction from the City Council. Mayor Herfert directed staff to meet with West Covina Youth Soccer to determine whether or not Orangewood Park is a potential soccer field. Councilmem- ber Wong suggested that staff also look into relocating the soccer fields altogether so that there could be several fields in the same area. Council Minutes of 1212)03 3) Policy for Naming City Facilities After Individuals Council reviewed the staff report. Mayor Herfert suggested that this item be held over until the first meeting in January 2004. • COUNCILMEMBERS' REPORTS Councilmember Miller — City Council Liaison Meetings Highlights Liaison Meeting Highlights Council reviewed the report. Motion by Wong and seconded by Herfert to receive and file the report. Motion carried 5-0. Councilmember Miller — Letter of Opposition to AB 1160 (Steinberg) — Second Units/Density Bonuses and Housing on School Sites AB 1160 - Council reviewed the staff report. Letter of Opposition Motion by Sanderson and seconded by Hernandez to driest staff to forward a letter of opposition to AB 1160 from the City to all state elected officials representing West Covina and the League of California Cities. Motion carried 5-0. Councilmember Miller — West Covina International Festival International Festival Councilmember Miller asked that this item be held over to the December 16`h City Council meeting. Council concurred. On another matter, Councilmember Sanderson asked that the request for a waiver of the permit fee by "Parents Place" be agendized for Council's consideration at the next meeting. On another matter, Councilmember Sanderson noted that there are inconsistencies in the Standing Rules, particularly item 6(a) and 6(a)i. On another matter, Councilmember Hernandez stated that there have been outages with the cable channel in some parts of the City and that residents need to call Charter Communications to seek reimbursement. Councilmember Wong suggested that that information be placed on the City's corkboard where the viewers will see that they need to take the initiative to call Charter. On another matter, Councilmember Hernandez requested that the report concerning different approaches to graffiti and gang activity scheduled to come before the Council also include how the City can get tougher on enforcement. ADJOURNMENT Motion by Miller and seconded by Hernandez to adjourn the meeting at 11:15 pm in memory of Howard Hawkins and Pete MacKay. Motion carried 5-0. Attest: City Clerk Janet Bert. 9