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.
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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
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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
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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
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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-
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Council Minutes of 12/2/03
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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.
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