07-06-1999 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
DULY 6, 1999
• The regular meeting of the West Covina City Council was called to order by Mayor Howard at 7:43 pm
in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Hobbs gave
the invocation and Councilmember Touhey led the Pledge of Allegiance.
ROLL CALL Mayor Howard, Councilmembers Herfert, Touhey, Wong
Absent: Mayor Pro Tern Melendez
Others Present: Hobbs, Fields, King (Acting City Attorney), Mayer, Samaniego,
Keating, Greene, Pullin, Bonaparte, Wills, Pidgeon, Fox,
Yauchzee, Berry
APPROVAL OF MINUTES Councilmember Wong corrected page 7 and page 13 of minutes for
the regular meeting of June 1, 1999. The following minutes were
approved as presented and corrected:
Special meeting of May 19, 1999
Regular meeting of June 1, 1999
Special meeting of June 15, 1999
Special meeting of June 23, 1999 (closed session)
Special meeting of June 23, 1999
PRESENTATIONS/PROCLAMATIONS
Police Chief Wills introduced several of the police officers who
participated and won medals at the Police Olympics and
Commander Myrick won the Toughest Cop Alive award for the
second time.
Mayor Howard proclaimed month of July as PARKS and
RECREAHON MONTH and presented the proclamation to Frank
Michaud, Chairman'of the Community Services Commission.
Acting Community Services Director Pat Bommarito presented the
City Council with a 1999 Summer Concert Series poster and
announced the annual event.
John Hughes and Ed Casanova of the West Covina Elks thanked
the City Council, the Chamber of Commerce and the citizens for
the fine turnout for the Fourth of July events at Cameron Park and
Thyberg Field.
Environmental Management Director Steve Samaniego presented a
status report on the annual May Cleanup Saturdays and the
Household Hazardous Waste Roundup.
• HEARING PUBLIC NUISANCE ABATEMENT HEARING —
Mayor Howard explained that this was a hearing concerning an
unmaintained pool, causing threat to life and public health.
Council Minutes of 7/6/99
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City Clerk Berry verified the affidavit of posting and mailing.
Mayor Howard opened the hearing and Building Official Yauchzee
presented the staff report.
Public Testimonv Mayor Howard opened the public testimony portion of the hearing
and asked for comments from the audience. No one addressed the
none City Council and Mayor Howard closed the testimony portion of
Testimony closed the hearing.
City Clerk Berry presented
Resolution 9709 - RESOLUTION NO. 9709 — A RESOLUTION OF THE
734 N. Hyacinth Ave. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, DECLARING THE PROPERTY LOCATED AT 734
NORTH HYACINTH AVENUE A PUBLIC NUISANCE
Motion by Wong and seconded by Touhey to waive further
reading of the resolution and adopt. Motion carried 4-0. .
CONSENT CALENDAR Commissions/Summary of Actions (receive & file)
Waste Management & Environmental Quality 6/17/99
Claims Against the City (deny & notify claimant)
Carlos Castro B. vs City of West Covina
On March 21, 1999, the City Clerk's office received a claim for
property damage amounting to $2,375.00.
Maria Ines Ruiz vs City of West Covina
On April 29, 1999, the City Clerk's office received a claim for
bodily injury. The amount of the claim has not been determined.
Geico Insurance (Cunag) vs City of West Covina
On September 21, 1998, the City Clerk's Office received.a claim
for property damage amounting to $3,222.63.
Annabelle Gonzales vs City of West Covina
On March 31, 1999, the City Clerk's Office received a claim for
property damage amounting to $97.06.
Wayne H. Gue vs City of West Covina
On March 29, 1999, the City Clerk's Office received a claim for
property damage amounting to $1,710.00.
Alfredo Navarro vs City of West Covina
On May 11, 1999, the City Clerk's Office received a claim for
property damage amounting to $4,500.00.
Waing Ho vs City of West Covina
On April 15, 1999, the City Clerk's Office received a claim for
property damage amounting to $400.00.
Nguyen T. Ouan vs City of West Covina
On April 1, 1999, the City Clerk's office received a claim for
property damage and bodily injury. The monetary amount of the
loss had not been determined at time of presentation.
Robert J. Gurrola vs City of West Covina
On May 25, 1999, the City Clerk's Office received a claim for
property damage amounting to $839.85.
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Council Minutes of 7/6/99
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Resolution 9710 -
Tritech Associates — Richard Yu
Jeanette Placencia vs City of West Covina
On September 30, 1998, the City Clerk `s Office received a claim
for bodily injury. The monetary amount of the loss had not been
determined at the time of presentation,
Charles & Lucy Callaway vs City of West Covina
On March 15, 1999, the City Clerk's Office received a claim for
property damage in the amount of $689.69.
Shenitha J. Hughes vs City of West Covina
On March 29, 1999, the City Clerk's Office received a claim for
bodily injury. The monetary damages had not been determined at
the time of presentation.
Approval of Final Map
Parcel Map 24759 — Tritech Associates — Richard Yu
Location: 3105 E. Virginia Avenue
Recommendation is to adopt the following resolution:
RESOLUTION NO. 9710 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING FINAL MAP OF PARCEL MAP NO.
24759 AND DIRECTING THE RECORDATION THEREOF
(Tritech Associates — Richard Yu)
Acceptance of Improvements/Release of Bonds
GP 99308 — Fire Station No. 3 and Palm View Park —
Repaving — E.C. Construction Company
GP 99308 - Recommendation is to accept onsite improvements and release
E., C. Construction Co. United Pacific Insurance Company of Pennsylvania Bond No.
42873134 in the amount of $64,865.00, subject to Notice of Com-
pletion procedures.
Award of Bids
SP 98102 and SP 98105 —
Citrus Street and Cameron Avenue Street Rehabilitation
Recommendation is to take the following actions:
SP 98102 & SP 98105 a) Appropriate $424,500.00 from unappropriated TEA-21
Sully Miller Co. (Federal Funds) to SP 98102 and SP 98105.
b) Accept the bid of Sully -Miller Contracting Company in the
amount of $798,119.82 a submitted at the bid opening on
June 24, 199, and authorize the Mayor and City Clerk to
execute a contract with Sully -Miller.
LaBelle Marvin Pavement Eng. c) Approve professional soils and material testing services
contract with LaBelle -Marvin professional Pavement
Engineering not to. exceed $18,400.000 and approve
professional engineering services contract with Mr. W.F.
Herring not to exceed $9,750.00.
SP 97110 —
Rehabilitation of Se ments of Various Bus Route Streets
Recommendation is to take the following actions:
SP 97110 - a) Reject Sully -Miller Contracting Company's bid due to poor
Mobassaly Engineering experience on a previously completed project.
b) Transfer $428,000.00 from SP 99106 and appropriate
$30,000.00 from the unappropriated Proposition A funds to
SP 97110.
c) Accept the bid of the second lowest bidder, Mobassaly
Engineering, Inc., in the amount of $611,927.05 as
submitted at the bid opening on June 7, 1999 and authorize
the Mayor and City Clerk to execute a contract with
Mobassaly Engineering.
Council N inutcs of 7/6/99
GP 99301 C —Police Locker Room Modifications
GP 99301C. Recommendation is to accept the bid of Whelan Construction,
Whelan Construction West Covina, in the amount of $74,945.00 as submitted at the bid
opening of June 29, 1999 and to authorize the Mayor and City
Clerk to execute a contract with Whelan Construction.
• Traffic Committee Minutes (accept & file)
Minutes of the regular meeting of June 15, 1999.
Temporary Use Permits (receive & file)
TUP #2513-99 was issued to Legal Photostat Services at 2222 W.
Garvey Avenue for a storage container from 5/27/99 to 11/30/99.
TUP #2522-99 was issued to Galaxy Lastertag at 329 N. Azusa
Avenue for tournament/promotion on 6/6/99.
TUP #2525-99 was issued to the Filipino American Chamber of
Commerce for a parking lot heritage day on 7/12/99 at the
northeast corner of Azusa/Amar (Seafood Village).
Miscellaneous — Public Services
SP 98102 and SP 98105 - Federal Funding —
Citrus Street and Cameron Avenue Street Rehabilitation
Recommendation is to adopt the following resolution:
Resolution 9711 - RESOLUTION NO. 9711 — A RESOLUTION OF THE
Federal Funding CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING SUPPLEMENT NO. 002-M LOCAL
AGENCY -STATE AGREEMENT NO. 07-5259 AND AUTHOR-
IZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE SAID SUPPLEMENT NO. 002-M
Miscellaneous — Police
Police body armor Recommendation is to approve the purchase of 120 replacement
personal body armor vests from three federally approved vendors,
using grant funds.
Helicopter Pilot Program Contract
Helicopter Pilot Program Recommendation is to authorize the Police Chief to enter into a
limited contract for helicopter coverage with the City of Pasadena
for a cost not to exceed $9,300.00.
CONSENT CALENDAR ACTIONS
The following items were pulled off for separate discussion: Item
B-5a (SP 98102 and SP 98105), B-56.(SP 97110), and B-6.
Ramon Antoine Ramon Antoine, 130 S. Barranca Street, spoke in favor of the
Traffic Committee recommendation (Item B-6) and urged Council
to also vote favorably.
Items B-5a & B-5b Councilmember Touhey noted that the firm of Sully -Miller bid on
both projects and was the apparent low bidder for each. He
reminded Council of the pending lawsuit to which Sully -Miller is a
• party and suggested the City Council reject both bids and award to
the second low bidder for each.
City Manager Hobbs corrected the Agenda recommen-
dation for Item B-5b (SP 97110). The correct recommendation is
to award the contract to Sully -Miller, not reject it.
Nevertheless, Council expressed reluctance to award any
contracts to Sully -Miller Contracting Company while the current
litigation matter was still open.
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Council Minutes of 7/6/99
;Bruce Rieser Bruce Rieser, CEO of Sully -Miller Contracting Company, stated
that the Sully -Miller that the City is in contention with is not the
same Sully -Miller that is seeking the bid awards for the two
projects. The individuals involved in that litigation are no longer a
part of the firm at this time. We have new officers and have been
successful elsewhere with no claims against us, and this has been
• since June, 1998. In response to Council's questions, he stated that
his company assumed the assets of Sully -Miller, but not the
liabilities. The litigation with the City.is with the previous owner.
Robert Shaffer Robert Shaffer, Sully -Miller Contracting Company, stated that it
would be improper for the City Council to reject the bids based on
litigation that had not been adjudicated. He responded to questions
of Council.
Ron Salcido Ron Salcido, Vice President of Sully -Miller, stated that he has
been with the old Sully -Miller and the new for a total of 28 years.
During that time, there has never been a rejection of their bids. He
spoke of the high quality and timeliness of production of Sully -
Miller.
Council Discussion City Manager Hobbs stated that staff discussed the
recommendation on these bids back and forth. A case can be made
for rejecting the bids and a case can be made for awarding the bids.
He suggested holding this over for either more information to be
supplied by City staff or until the litigation/mediation involving
Sully -Miller has been resolved. The mediation is scheduled for
July 12.
After further discussion, motion by Wong and seconded by
Howard to hold over the award of bid for both projects. Motion
carried 4-0. Councilmember Herfert asked staff to supply the
financial expenditures regarding the Sully -Miller lawsuit when the
award of bids come back.
Motion by Touhey and seconded by Herfert to waive further
reading of the resolutions and adopt, and to approve all other
items, except those just deliberated. Motion carried by the
following roll call vote:
AYES: Herfert, Touhey, Wong, Howard
NOES: None
ABSENT: Melendez
END OF CONSENT CALENDAR
Mayor Howard acknowledged Fred Burkhardt, former Executive
Director of the West Covina Chamber of Commerce, who has
taken the position once again on an interim basis.
isPUBLIC SERVICES. CORTEZ PARK HOUSE REMOVAL/FIELD EXPANSION
Michael Miller Michael Miller, 735 E. Herring, favored the staff recommendation
regarding this item.
Cortez Park House City Engineer Mayer presented the staff report.
Council discussed the value of a community meeting, perhaps at
the Senior Citizens Center, inviting the neighboring residents to
Council Minutes of 7/6/99
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share their thoughts on what they would like to see done with the
Cortez Park House and/or the property.
Motion by Wong and seconded by Herfert to direct the
Community Services Commission to conduct a public meeting for
the purpose of soliciting ideas and comments from the neighbors.
Motion carried 4-0.
ENVIRONMENTAL MANAGEMENT No reports for this meeting.
REDEVELOPMENT AGENCY Mayor Howard recessed the City Council meeting at 8:45 pm to
convene the Redevelopment Agency. The City Council re-
convened at 8:48 pm with all members present, except Melendez.
COMMUNITY SERVICES No reports for this meeting.
POLICE DEPARTMENT DRIVING SIMULATORS REPLACEMENT
Police Chief Wills elaborated on the staff report and responded to
questions and comments from Council.
Simulator Enterprise Program Motion by Touhey and seconded by Herfert to take the
following actions:
a) Continue to support the Simulator Enterprise program, as
an innovative means of limiting and reducing liability by
increasing driving related skills.
b) Authorize the Chief of Police to enter into an agreement
with the Commission on Peach Officer Standards and
Training (P.O.S.T.) to provide driving simulator training to
law enforcement at an established rate, for a five-year
period. In return P.O.S.T. agrees to pay $362,000.00
(including trading in four existing used simulators) to
purchase four new state-of-the-art driving simulators, at no
additional cost to the City. Motion carried 4-0.
FIRE DEPARTMENT MUNICIPAL CODE AMENDMENT
Fire Chief Greene elaborated on the staff report.
Ordinance re ALS fees City Clerk presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
SECTION 2-409 OF THE WEST COVINA MUNICIPAL CODE
TO ADD A CATEGORY OF FEE AND SERVICE CHARGES
FOR ALS SERVICES TO AMBULANCE PROVIDERS
Motion by Wong and seconded by Howard to waive further
reading of the ordinance and introduce.
Councilmember Touhey stated that he would not support
placing ALS fees on the residential community. Councilmember
Herfert agreed.
The motion failed by the following roll call vote:
AYES: Wong, Howard
NOES: Herfert, Touhey
ABSENT: Melendez
Recess Mayor Howard called a recess at 9:03 pm. The City Council
reconvened at 9:17 pm with all members present except Melendez.
ADMINISTRATIVE SERVICES No reports for this meeting.
Council Minutes of 7/6/99
GENERAL ADMINISTRATION No reports for this meeting.
APPROVAL OF DEMANDS AND WIRE TRANSFERS
•, Fiscal Year 199
Motion by Wongg and and seconded by Herfert to approve Demands
totaling $4,475,220.55 ($1,425,150.29 in wire transfers) as shown
on register #186121,through #186501. Motion carried by roll call
vote:
AYES: Herfert, Touhey, Wong, Howard
NOES: None
ABSENT: Melendez
Fiscal Year 1999/2000
Motion by Wong and seconded by Herfert to approve Demands
totaling $153,459.47 (none by wire transfer) as shown on register
#186502 through #186653. Motion carried by roll call vote:
AYES: Herfert, Touhey, Wong, Howard
NOES: None
ABSENT: Melendez
ABSTAIN: Touhey re Community Food Bank
ORAL COMMUNICATIONS
Victor Martinez Victor Martinez, 3305 Point Cedar Drive, related problems Galaxie
Little League is having with their district organization and
requested Council's assistance and intervention. Some of the
issues of concern include: election process, checks and balance of
fair election, league use for personal purposes and financial
matters.
Carrie Scandarito Carrie Scandarito, 715 Manzanita Drive, discussed the problems
she has been having in relation to Code Enforcement and her eight -
foot fence. She has been in court by the City Prosecutor. She
spoke of the right to privacy issues and the teenage boy that live
across the street. She asked that the Municipal Code sections be
reviewed and revised.
Sue Friedel Sue Friedel, 2148 E. Daniels, read a letter supporting the previous
speaker, noting four years of harassment by two boys from across
the street.
George Ogden George Odgen, 1249 S. Valinda, suggested that an eight -foot fence
could be acceptable if there were objections from adjacent
neighbors. On another matter, he thought the Fourth of July
activities were fantastic.
Mayor Howard Mayor Howard stated that the City received a petition from the
residents adjacent to the Amar/Nogales commercial area as to poor
property maintenance. She then read a report regarding the steps
already taken by the City.
• John Dattola John Dattola, 2417 S. Azusa Avenue and the Vice -President of the
Philippine -American Chamber of Commerce of the San Gabriel
Valley, addressed the issue referred to by Mayor Howard. He
related the steps that he has taken in response to the complaints.
Lorenzo Sy Lorenzo Sy, owner of La Fortuna Bakery at 1557-B Amar Road,
concurred with Mr. Dattola's comments.
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Council Minutes of 7/6/99
Mayor Howard requested staff to arrange a meeting with
the three property owners for the Mayor and staff.
Councilmember Touhey requested the matter of the wall height
ordinance be referred to the Planning Commission for review.
.. Royal Brown Royal Brown, 2153 Aroma Drive, added to the problems at Amar-
Azusa commercial area: trash collecting at the old bank location.
Clifton Kerr Clifton Kerr, 644 S. Saint Malo Street, addressed again his
frustration with the deep vibrations emanating from Skate Junction
due to the music played inside. It was his contention that the
vibrations are too low to be measured and it is that low base that is
causing him to complain.
Blanca Bojas Blanca Bojas, 720 S. Manzanita Drive, countered the comments
made by Carrie Scandarito and Sue Friedel, both of whom spoke of
her two sons. Mr. Bojas said that she has no opinion as to the wall
problem because they live on the other side of the street. However,
she does take offense to the reference to her sons. She submitted a
letter written by Mrs. Scandarito to Mr. Bojas as a way of helping
Council see the personality of Mrs. Scandarito and what the
neighbors have actually been dealing with.
Nancy Yeager Nancy Yeager, 721 S. Manzanita Drive and next door neighbor to
the Scandaritos, submitted pictures of the eight -foot fence from her
yard, depicting the view from her side of the fence.
MAYOR'S REPORT RESOLUTION OPPOSING THE EXPANSION OF THE
Council reviewed the staff report. Mayor Howard explained the
situation facing the cities of Walnut and Diamond Bar, both cities
requesting support from West Covina.
City Clerk presented:
Resolution 9712 - RESOLUTION NO. 9712 — A RESOLUTION OF THE
re expansion ofLanterman CITY COUNCIL OF THE CITY OF WEST COVINA
OPPOSING THE EXPANSION OF THE LANTERMAN
DEVELOPMENTAL CENTER
Motion by Touhey and seconded by Herfert to waive
further reading of the resolution and adopt. Motion carried 4-0.
APPRECIATION OF CITY COUNCIL SUPPORT DURING
THE LOSS OF CAPTAIN MICHAEL WIRTZ
Mayor Howard elaborated on the staff report and noted Council -
member Touhey's assistance with some of the particulars of the
funeral.
Motion by Touhey and seconded by Herfert to receive and
file the report. Motion carried 4-0.
. ASSEMBLY BILL 60 — OVERTIME BILL
Ed Casanova Ed Cassanova, Chair of the Chamber of Commerce Government
Affairs Committee, stated the Chamber's opposition to the bill and
urged Council to oppose it as well.
Administrative Analyst Pidgeon presented - the staff report.
Councilmember Wong stated that he could not oppose the bill in
its entirety at this time, as requested by the Mayor.
Council Minutes of 7/6/99
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Motion by Touhey and seconded by Howard to direct the
Mayor to send a letter to the governor outlining the City's
opposition and requesting that he veto any version of the bill that
does not exclude government. Motion failed 2-2 with Herfert and
Wong voting no.
COUNCILMEMBERS' REPORTS
ADJOURNMENT
Attest:
City Clerk Janet Berry
1999/2000 BUDGET FOLLOW-UP —
AROMA DRIVE ACQUISITION
Council reviewed the staff report. Councilmember Herfert
requested that this item be held over until he has received a ruling
on a possible conflict of interest. Mayor Howard responded in the
affirmative.
Councilmember Herfert requested the following items be
agendized for the next Council meeting:
* Attorneys' Audit Report
* First six -months of attorney charges for this year
* A request of the Personnel Commission to the City
Council that was blocked and the reason for that
block.
Councilmember Touhey requested a clarification of who may and
who may not obtain copies of police reports. There seems to be an
inconsistency in the release of those reports.
Both Councilmember Herfert and Councilmember Wong requested
the meeting be adjourned in memory of Brian Estrella, a West
Covina 16-year old who died in a car accident at the corner of
Hollenbeck and Cameron.
Motion by Wong and seconded by Herfert to adjourn the meeting
at 10:35 pm in memory of Brian Estrella. Motion carried 4-0.
Ma or Kathryoward