06-01-2004 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
JUNE 1, 2004
• Mayor Miller called to order the regular meeting of the West Covina City Council at 7:14 pm in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Pasmant gave the invo-
cation and Mayor Pro Tern Sanderson led the Pledge of Allegiance.
ROLL CALL Mayor Miller, Mayor Pro Tem Sanderson
Councilmembers Herfert (arrived at 9:17 pm), Hernandez, Wong
Others Present: Pasmant, Alvarez-Glasman, Chung, Bachman, Fields, Freeland,
Yauchzee, Genovese, Lee, Wills, Tedesco, Ballard, Durbin,
Cendejas, Taylor, Garcia, Berry
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported that the closed session
commenced at 6:00 pm and all Councilmembers were present,
except Councilmember Herfert. Regarding the labor negotiations,
Council received a report, and gave direction to staff taking no
final actions.
In relation to the real property negotiations relative to the
Morganfield property, a discussion was held but no final action
taken and nothing further to report.
In relation to the anticipated litigation matter, direction was
given to the City Attorney; however, no final action was taken and
nothing further to report.
Mr. Alvarez-Glasman also reported that pursuant to
Government Code Section 54957.1, in the Connote matter, a
resolution was reached for $20,000, with the City admitting no
fault or liability in connection with this claim.
CHANGES TO THE AGENDA City Manager Pasmant noted a correction to Item B-3 and the
appropriated revision has been distributed to both the Council and
the public table at the entrance to the Chambers.
APPROVAL OF MINUTES Regarding the May 18`h minutes, Councilmember Wong revised
his comments relative to the towing services.
The minutes of May 18, 2004 were approved as corrected.
PRESENTATIONS The long awaited updated BLUE STAR video was aired. Upon its
conclusion, Mayor Miller presented a Blue Star Poster to Leo and
Cecilia Marquez, whose son Leo Marquez, Jr. is serving in the
U.S. Navy.
• With the assistance of Interim Fire Chief Ballard, Mayor Miller
presented a Resolution of Commendation and City Tile to retiring
Fire Captain Ted Barto, after 29 years of service to West Covina.
Mayor Miller recognized John Hughes and Susan Kinney who in
turn made presentations to the Fire Department and Police
Department for their support with the recent MDA fundraising
event.
Council Minutes of 6/1/04
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ORAL COMMUNICATIONS Herb Redholtz, West Covina resident, commented on several
items: update on Quail Ridge Shopping Center, Penske Mercedes-
Benz opening in Claremont, City of Torrance's Ambulance Trans-
port program, and the town hall meeting at Shadow Oak Park
relative to Amar/Azusa traffic.
Cookie Nance, West Covina resident, felt the Council was taking
too long in bringing revenue -generating business to West Covina.
Phil Clayton, West Covina resident, discussed his company's
proposal for a project at the redevelopment project site located at
the corner of Citrus and Workman.
Victor Valenzuela, Jr., Covina resident, introduced himself as a
candidate for Assembly.
Bruce Leinbach, West Covina resident, discussed West Covina
Lions and their scholarships for West Covina students. The
scholarships are solely based on community service. He intro-
duced the following recipients, who in turn addressed Council with
their community activities:
Peter Asis, will attend Cal Poly in the fall
Sandy Perkins, will attend Mt. Sac in the fall
Adam Wong, will be attending USC in the spring
Jeffrey Hubbard, will be attending USC in the fall
John Scheuplein, West Covina resident, was happy to see the Blue
Star Video airing again.
Tyra Mason, West Covina resident, encouraged everyone to attend
the Lions Night Out movie fundraiser and the Chamber of
Commerce's Farmers Market on Saturday mornings.
Anela Freeman, Temple City resident, spoke in support of the
World War II Memorial Plaque, honoring Japanese -Americans, her
heritage, who fought in the war for the United States.
Mayor Miller requested staff to provide Council with a status
report of Quail Ridge Shopping Center. He announced the hotline
number for graffiti removal: 442-6666 and encouraged everyone to
call in graffiti.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Memorial Plaques
George Ogden
COMMUNITY SERVICES —
Placement Location of Plaque Honoring Members of the
World War II Japanese American Combat Army Units and
Future Plaques Within the Same Cateeory
Interim Community Services Director Samaniego presented the
staff report and responded to questions.
George Ogden, West Covina resident, supported the concept of
placing the plaques as close to the memorial wall as possible.
Lengthy Council discussion ensued. Councilmember Sanderson
suggested forming a committee to include representatives from the
veterans associations to address this and related issues. Then,
when it comes before Council, proper military decorum will have
been addressed. Further discussed followed.
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Council Minutes of 6/l/04
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WC Community Services
Foundation
Motion by Wong and seconded by Hernandez to support Option
No. 2 (which is placing the plaques on the wall), and looking at the
creation of a committee of representatives from the Disabled
American Veterans, VFW, and the American Legion to address
this and related issues. Motion carried 3-1 with Sanderson voting
no.
Articles of Incorporation and Bylaws for the West Covina
Community Services Foundation, Inc., A Non -Profit 501(c)(3)
Foundation
Interim Community Services Director Samaniego presented
the staff report. Councilmember Wong commenced a discussion
of officers listed in the bylaws (president, vice-president, treasurer,
and secretary) and the duties accompanying those positions as
conflicting a bit with the officers on the Foundation. He suggested
that the duties be struck in the bylaws because there is no need for
them. The members of the Foundation Board should elect those
positions from among themselves.
Mayor Miller directed staff to revise the bylaws and bring
back to the Council with the final documents.
FIRE DEPARTMENT —
Ambulance Service
Ambulance Service Assistant Fire Chief Janis presented the staff report using a Power
Point Slide Show. Both Interim Fire Chief Ballard and Assistant
Fire Chief Janis responded to Council questions and comments.
John Scheuplein, West Covina resident, urged Council to accept
the staff recommendation — a three -ambulance system.
Art McKieman, AMR, questioned some of the numbers and
information supplied in the staff report.
Frances Dowling, Schaefer Ambulance, echoed some of the same
concerns as Mr. McKieman. Further, he suggested that the City's
service would be diminished.
Councilmember Herfert arrived at 9:17 pm.
Councilmember Wong questioned the staff recommendation which
seemed to conflict with the verbal presentation. Interim Chief
Ballard and Assistant Fire Chief Janis provided explanations as to
the recommended three -ambulance service program versus a
hybrid program utilizing two ambulances, developed in response to
the action taken by Council at the previous meeting.
Councilmember Sanderson favored the pass -through plan. In
reference to the number of firefighters per truck, she did not favor
reducing the current four men per truck. She also suggested a
committee be formed to conduct a financial analysis or public
safety review of other cities performing this service.
Councilmember Hernandez suggested moving forward with a
three -ambulance service program, foregoing the hybrid proposal.
He thanked Fire Administration for the report and recom-
mendations.
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Council Minutes of 6/l/04
Councilmember Herfert stated that he could not support any
reduction in either the paramedic program or firefighting program.
Councilmember Wong reminded the audience of the City's
financial situation and the need for Council to reach compromises
on issues such as these. He stated that he was not prepared to take
• action this evening because the written recommendation didn't
match the recommendation as stated in the verbal presentation.
Motion by Miller and seconded by Hernandez to begin the
program with a 3-ambulance service plan as recommended by
staff. Motion failed 2-2-1 with Herfert and Sanderson voting no
and Wong abstaining.
Ambulance Service held over Motion by Herfert and seconded by Sanderson to receive and file
the staff report.
A substitute motion was offered by Wong and seconded by
Miller to table the matter and have it brought back with additional
information. Motion carried 3-1-1 with Herfert voting no and
Hernandez abstaining.
Recess Mayor Miller called a recess at 9:45 pm. The City Council
reconvened at 9:55 pm with all members present.
CONSENT CALENDAR Commissions/Summary of Actions (receive & file)
Human Resources 4/20/05
Planning 5/11/04
Award of Bid
Bus Shelter Solar Lighting — Project No: CS-04-01
Recommendation is to take the following actions:
Carmanah Technologies, Inc. 1. Appropriate the amount of $68,968 form fund balance Prop
C in order to complete this project;
2. Authorize and award bid to Carmanah Technologies, Inc.
to retrofit and install forty solar lighting panels on City bus
shelters for $59,800;
3. Authorize the City Manager or his designee to sign the
contract between the City of West Covina and Carmanah
Technologies, Inc.; and
MTA Matching Funds 4. Authorize and sign an MOU with the L.A. County Metro-
politan Transportation Authority (MTA) for the receipt of
MTA matching grant funds for this project.
City Treasurer's Report (receive & file)
Report for the month of April 2004
Miscellaneous — City Manager's Office
Letter Supporting SB 1397 (Escutia) — Locomotive Emissions
Reduction and Mitigation Program
Recommendation is to direct staff to forward a letter supporting SB
. 1397 to all state elected officials representing the City of West
Covina and the South Coast Air Quality Management District.
Letter Opposing AB 2406 (Bermudez) Fire Safety Reporting
Requirements
Recommendation is to direct staff to forward a letter opposing AB
2406 to all state elected officials representing the City of West
Covina and the League of California Cities.
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Council Minutes of 6/1/04
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Extension of Provisional Appointment for Clerk Position in City
Manager's Office
Clerk position in CMO's Recommendation is to approve a 37-day provisional appointment
extension (May 25, 2004 to June 30, 2004) for the Limited
Services Clerk position in the City Manager's Office.
Letter Supporting 2004/05 Budget Agreement Between Governor
Arnold Schwarzenegger and the League of California Cities
Budget Agreement w Governor Recommendation is to direct staff to forward a letter supporting
Governor Schwarzenegger's local government budget package
with constitutional amendment protecting local government
funding to the Governor, Senator Gloria Romero, Assemblyman
Ed Chavez, and the League of California Cities.
Investigation of Missing Wal-Mart Petitions
Recommendation is to receive'and file the report.
Miscellaneous — Public Works Department
Authority to Participate in the Watch the Road Campaign
Designed to Reduce Injuries and Traffic Congestion Caused by
Negligent Drivers and Pedestrian
Watch the Road campaign Recommendation is to authorize staff to participate in the county
of Los Angeles Watch the Road campaign.
Miscellaneous — Community Development Commission Dept.
Amendment No. 3 to the Redevelopment Plan for the West Covina
Redevelopment Project Area
Recommendation is to introduce the following ordinance:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
RDA Plan Amend. #3 OF WEST COVINA, CALIFORNIA, APPROVING AND
ADOPTING THE THIRD AMENDMENT TO THE WEST
COVINA REDEVELOPMENT PLAN FOR THE WEST
COVINA REDEVELOPMENT PROJECT AREA
CONSENT CALENDAR ACTION Motion by Wong and seconded by Sanderson to approve all items
except: C-4e, C-4g. Motion carried by roll call vote:
AYES: Hernandez, Herfert, Sanderson, Wong, Miller
NOES: None
Item C-4e In relation to Item C-4e (missing petition pages), the following
speaker addressed Council:
John Scheuplein, West Covina resident, felt this shouldn't
have happened and shouldn't happen again.
City Manager Pasmant stated that the City Clerk is the
keeper of the records and it is necessary to ensure that she get a
copy of any document distributed to Council. Ideally, speakers
need to make a copy for the record and it should be given to the
City Clerk.
Cookie Nance, West Covina resident, said her time and
effort had been a waste of time.
The City Council made several suggestions and directed
staff to develop a process and report back at the next Council
meeting.
Item C-4g In relation to Item C-4g (Amendment No. 3 to RDA project
area), Councilmember Wong stated that due to conflict of interest
laws, he would abstain from participating in any discussion and
vote on the issue. He noted that his family's commercial property
falls within the project area.
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Council Minutes of 6/1/04
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HEARING
Landscape Maintenance Districts
City Clerk Berry read the title of the ordinance. Motion by
Herfert and seconded by Sanderson to waive further reading of the
ordinance and adopt. Motion carried by roll call vote:
AYES: Herfert, Hernandez, Sanderson, Miller
NOES: None
ABSTAIN: Wong (conflict of interest)
WC LANDSCAPE MAINTENANCE DISTRICT NO.4
WC LANDSCAPE MAINTENANCE DISTRICT NO. 6
WC LANDSCAPE MAINTENANCE DISTRICT NO. 7
Councilmember Wong stated for the record that he would abstain
from the discussion and vote on Landscape Maintenance District
No. 7, in compliance with conflict of interest laws, as his residence
is located within that district.
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City Clerk Berry verified the affidavit of publication and Mayor
Miller opened the hearing on all three districts. The staff presenta-
tion was given by Public Works Director/City Engineer Yauchzee.
Public Testimonv Mayor Miller opened the public testimony portion of the hearing
and asked if any written protests or objections had been received.
None The City Clerk responded in the negative. Mayor Miller asked for
comments from the audience. No one addressed Council. Mayor
Testimony closed Miller closed the public testimony portion of the hearing.
City Clerk Berry presented
Resolution 2004-47 RESOLUTION NO. 2004-47 — A RESOLUTION OF THE
MD No. 4 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CONFIRMING THE ENGINEER'S REPORT AND
THE ASSESSMENT CONTAINED IN THAT REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING
LANDSCAPE MAINTENANCE, RENOVATION AND
REPLACEMENT, AND APPURTENANCES TO BE MAIN-
TAINED FOR FISCAL YEAR BEGINNING JULY 1, 2004
Resolution 2004-48 RESOLUTION NO. 2004-48 — A RESOLUTION OF THE
MD No. 6 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CONFIRMING THE ENGINEER'S REPORT AND
THE ASSESSMENT CONTAINED IN THAT REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING
LANDSCAPING MAINTENANCE, RENOVATION AND
REPLACEMENT, AND APPURTENANCES TO BE MAIN-
TAINED FOR FISCAL YEAR BEGINNING JULY 1, 2004
Resolution 2004-49 RESOLUTION NO. 2004-49 — A RESOLUTION OF THE
MD No. 7 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CONFIRMING THE ENGINEER'S REPORT AND
THE ASSESSMENT CONTAINED IN THAT REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING
LANDSCAPING MAINTENANCE, RENOVATION AND
REPLACEMENT, AND APPURTENANCES TO BE MAIN-
TAINED FOR FISCAL YEAR BEGINNING JULY 1, 2004
Motion BY Herfert and seconded by Sanderson to waive
further reading of the resolutions and adopt. Motion carried by the
following vote:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
ABSTAIN: Wong re MD No. 7 (conflict of interest)
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Council Minutes of 6/1/04
COMMUNITY DEVELOPMENT COMMISSION
Mayor Miller recessed the City Council meeting at 10:11 pm to
convene the CDC. The City Council reconvened at 10:12 pm with
all members present.
• DEPARTMENTAL MATTERS
COMMUNITY DEVELOPMENT COMMISSION DEPT.
West Covina Golf Course Feasibility and FinancinE
WC Golf Course Community Development Commission Department Director
Chung presented the staff report. He stated that the golf course has
been changed from a Par 72 to a Par 70, which will save
approximately $1.6 million. City Manager Pasmant emphasized
some of the aspects of the cash flow of the golf course and sale of
the commercial site. Public Works Director Yauchzee addressed
questions concerning the water system.
Motion Motion by Herfert and seconded by Hernandez to proceed with
Recommendation No. 1: Change the prior direction of pursuing a
Par 72 golf course to a Par 70 golf course; and Recommendation
No. 3: Proceed with the development of a golf course with the
understanding that the City Council must be prepared to act on the
sale of the commercial property within the immediate future.
Craig Johnson Craig Johnson, RBF'"Consulting, special civil engineering con-
sultant to City staff concerning the grading of the site broke down
the $4.7 million as to the pads at the site.
Finance Director Bachman responded to questions regarding the
financing of the project and debt service.
Royal Brown Royal Brown, West Covina resident, addressed potable water and
reclaimed water systems that should be included in the golf course
project.
John Scheuplein John Scheuplein, West Covina resident, expressed displeasure with
the indecision of the City Council.
Action on Motion Mayor Miller asked for a vote of the Council. Above motion
carried 3-2 with Wong and Miller voting no.
Mayor Miller felt that even though a development is
coming in a month or so for the commercial site, the Council
should move forward with this only when everything can move
forward together.
Councilmember Hernandez encouraged Community
Development Commission Department Director Chung to work
with Mr. Douglas Grey of Eclipse on developing the commercial
pads at the former BKK site.
At this point Mayor Miller commenced a short discussion on the
remaining items that could be held over to the next meeting.
Council concurred to hold over the following matters:
• Items Held Over to 6/15 1) City Clerk — Available General Municipal Election Dates
2) Councilmember Herfert - City Council Standing Rules
3) Councilmember Wong — Voter Initiative of Financing the
Big League Dreams (BLD) Project
4) Councilmember Hernandez — Glendora Avenue Master
Plan/Downtown Area Revitalization
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Council Minutes of 6/l/04
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PUBLIC WORKS
Award of Bid for Rough Grading, Storm Drain, and Utility
Relocation for the West Covina Sportsplex (GP 04409)
Grading, Storm Drain Public Works Director/City Engineer Yauchzee presented the staff
at former BKK site report and responded to Council questions.
Main Motion Motion by Herfert and seconded by Sanderson to approve the staff
recommendation to:
1.
Establish Project No. GP-04409 (rough grading, storm
drain, and utility relocation).
2.
Transfer $9,435,000 from Community Development
Commission bond account to Project No. GP-04409 (Account
Number 876.22.2252.6457).
3.
Accept the bid of Yeager Skanska, Inc. in the amount of
$8,992,971 as submitted at the bid opening on March 23, 2004,
and authorize the Public Works Director/City Engineer and the
City Clerk to execute the contract.
4.
Approve a contract with Professional Service Industries
(PSI) of Long Beach, California, for professional geotechnical
services in the amount not to exceed $367,567.
5.
Direct staff to award this contract and proceed with a Par-
70 golf course and issue a change order to this project for a
savings (credit) of approximately $1,671,400.
6.
Direct staff to bring back to City Council a Resolution and
appropriate bond documents authorizing the issuance of Phase I
bonds in an estimated amount of $14.5 million.
Finance Director Bachman responded to financial questions.
Royal Brown Royal Brown, West Covina resident, asked about the breakdown of
the areas proposed for grading.
John Scheuplein John Scheuplein, West Covina resident, didn't believe the Council
should move forward with this until a decision is made for the
commercial project as well as Big League Dreams.
Councilmember Sanderson wondered how much money would be
lost if the City Council didn't move forward. City Manager
Pasmant responded.
Councilmember Hernandez called for the question, seconded by
Sanderson. Call for the question failed 3-2 with Wong and Miller
voting no (required 4 affirmative votes).
Councilmember Wong stated that he did support moving forward
with the golf course, but it is foolhardy to move forward at this
point, given the current financial situation, with the hope that the
money is going to come.
Action on Motion Mayor Miller asked for a vote on the main motion made by Herfert
and seconded by Sanderson, above. Motion carried 3-2 with Wong
and Miller voting no.
Councilmember Herfert stated that it is difficult to do any project
when others put roadblocks in the way. It is one thing for a
Councilmember to object to a project, but to insinuate that other
Councilmembers are mismanaging funds is a total inaccuracy.
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Council Minutes of 6/1/04
COUNCILMEMBERS' REPORTS
Councilmember Wong stated that he would abstain from the dis-
cussion and vote on the following item, due to conflict of interest
laws as the subject is in the vicinity of his family's commercial
property.
• Councilmember Herfert —
Update on Kohl's Department Store Project
Planning Director McIsaac presented the staff report and
introduced a representative of the Kohl's Department Store project
who stated that he was available to respond to questions.
Councilmember Herfert supported Kohl's Department
Store coming into the City.
Siobhan Byrne Siobhan Byrne, spoke on behalf of GVD Properties, owner of the
Wickes site, expressed concern about statements contained in a
memorandum dated February 3, 2004 from CDC Director Chung.
Mayor Miller responded that although the memorandum includes
all possible options related to the development of the Wickes site,
it was done so to inform the City Council. He assured her that the
City Council has no intention of purchasing GVD's property or the
condemnation of it.
PLANNING DEPARTMENT Potential Sale of City Property on Morsanfield Avenue
Council reviewed the staff report.
Armando Sanchez Armando Sanchez, West Covina resident, spoke for some of his
neighbors when he stated his opposition to the sale of the
Morganfield green belt on Valley Boulevard.
Motion by Wong and seconded by Miller to hold over this matter
until the next Council meeting. Motion carried 5-0.
Mayor Miller noted that the next time Council meets, it would be
on June 9, 2004 at 7:00 pm at Rincon Elementary School with
Rowland Unified School District Board of Trustees for a joint
meeting. Councilmember Wong stated that he would not be able
to attend the June 9th budget meeting in that his son would be
graduating that evening.
ADJOURNMENT Motion by Hernandez and seconded by Herfert to adjourn the
meeting at 11:50 pm. Motion carried 5-0.
Mayor Michael Miller
Attest:
• City Clerk Janet Berry
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