01-08-2002 - Special 2 Meeting - Minutess
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MINUTES
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
January 8, 2002
Mayor Wong called to order the special meeting of the West Covina City Council at 7:15 pm in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Reverend John Foye of Christ
Fellowship Church gave the invocation and Councilmember Herfert led the Pledge of Allegiance.
ROLL CALL Mayor Wong, Mayor Pro Tern Touhey, Councilmembers Herfert,
Miller, Sanderson
Others Present: Pasmant, Alvarez-Glasman, Chung, Fields, Samaniego, Greene,
McIsaac, Keating, Tedesco, Urban, Dewus, Hoppe, Yauchzee,
Anderson, Palkhiwala, Sindelar, Wills, Berry
APPROVAL OF MINUTES The following sets of minutes were approved as pre-
sented/corrected:
Special meeting of September 20, 2000 with correction
Special meeting of October 5, 2000
Regular meeting of November 20, 2001 with correction
Special meeting of November 30, 2001
Special meeting of December 4, 2001
Regular meeting of December 4, 2001
Special meeting of December 20, 2001
PRESENTATIONS/PROCLAMATIONS None scheduled for this evening.
ORAL COMMUNICATIONS
Carlos Thrasher Carlos Thrasher, 2149 Aroma Drive, reported that 625 presents
were donated to and distributed by the United States Marine's
Toys For Tots Program. He thanked the organizations, including
the City of West Covina, and the sponsors that made it a success.
Lawrence Carlos Lawrence Carlos of the Disabled American Veterans thanked the
City of West Covina as well, and reported that the DAV Christmas
Dinner went very well with 300 in attendance.
John Lindow John Lindow, 417 Lyall Avenue, reported that this was his birth-
day, turning 80 years old today.
Bill Roe Bill Roe, 1510 Newcrest Drive, understood that there may be a
Committee for the Arts formed and he volunteered to be a part of
that committee.
V.P. Harinath V.P. Harinath, 1819 Berglund Drive, presented a petition of sixty-
five signatures requesting that the Senior Citizens Center be more
accommodating to those who play table tennis on Mondays, Wed-
nesdays, and Saturdays. He submitted the list of items to staff.
Herb Redholtz Herb Redholtz, 2622 Altamira Drive, encouraged the City of West
Covina to be careful with internet cafe's coming into the City. He
reminded everyone of the upcoming Big League Dreams com-
Council Minutes of 1/8/02
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munity meetings, beginning with one tomorrow evening, January 9
at Shadow Oak Park.
Christopher Nuhfer Christopher Alan Nuhfer, 1614 Lark Ellen, complained about a
situation in which a West Covina Police Officer pulled him over
and issued him a ticket.
Recess Mayor Wong called a recess at 7:45 pm due to technical
difficulties with the lighting. The City Council reconvened at 7:55
pm.
HEARING CODE AMENDMENT NO. 01-01— GAME ARCADES
Mayor Pro Tern Touhey stated that because his pizza parlor could
be affected by this code amendment, he would abstain from the
discussion and vote. His requested ruling from the FPPC has not
yet arrived; therefore, due to possible conflict of interest, he
stepped down for the duration of this matter.
Code Amendment 01-01 Mayor Wong introduced the hearing, noting that this is a continu-
ation from the November 6, 2001 City Council meeting, at which
time the matter was referred back to the Planning Commission for
revision. City Clerk Berry verified the affidavit of publication and
Planning Director McIsaac presented the staff report.
Public Testimony Mayor Wong opened the public testimony portion of the hearing
and asked first for comments in favor and then comments in
opposition. The following person addressed Council:
St. James Davis St. James Davis, 616 Vincent Avenue, asked for a clarification as
to how the City measures the level of noise.
Testimony closed There being no others wishing to address Council, Mayor Wong
closed the public testimony portion of the hearing and Planning
Director McIsaac responded to the above question.
Council Discussion Council discussed number of video games, current limitations
versus proposed limits, age and time prohibitions, meaning of
"accessory use," spelling out specific businesses, square footage,
and supervision of clientele.
After discussing their various thoughts on the matter,
motion by Sanderson and seconded by Herfert to approve as
presented by staff with a clearer definition to be included of
"accessory use" in terms of square footage. Discussion followed
Motion failed 2-2-1 with Miller and Wong voting no and Touhey
abstained.
After further discussions, motion by Miller and seconded by
Herfert to maintain the following current regulations:
* CUP required for four or more machines
* Age and time limits
* Definition of accessory use
and include the following revisions as in the proposed ordinance,
including revisions proposed by the Planning Commission:
* Noise level standards
* CUPs not be issued to those convicted of crimes
against a minor
* Attendant requirement
* Delete the transfer of ownership language
* Decrease to 300' from 1000' from school entry
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Council Minutes of 1/8/02
* Review of the main use operation after six months
* Expanding the hours of operation
* Location of games within the facility
Some time in the future, take a look at the definition of "accessory
uses."
Council concluded that it would be clearer to adopt a
revised resolution that only contains the agreed upon points, rather
than trying to introduce the proposed ordinance requiring additions
and deletions.
Final Motion A substitute motion was offered by Miller and seconded by
Herfert to continue the hearing until the next Council meeting,
withdrawing the motion on the floor, and directing staff to prepare
a revised ordinance incorporating the points outlined above.
Motion carried 4-0-1 with Touhey abstaining.
Mayor Pro Tern Touhey returned to the Council table and asked
about the kind of identification for owners/tenants to look for to
ensure twelve-year olds and younger are not in the facility without
a parent. A response to his question will be contained in the staff
report for the next meeting.
CONSENT CALENDAR Commissions/Summary of Actions (receive & file)
Personnel 11/14/01
Planning 12/11/01
Waste Management/Environmental Quality 12/20/01
Ordinance for Adoption (waive reading & adopt)
Ordinance 2077 - ORDINANCE NO. 2077 — AN ORDINANCE OF THE CITY
Code Amendment 300 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE RELATED TO THE REGULA-
TION OF "CANOPY STRUCTURES: (FORMERLY KNOWN
AS MEMBRANE STRUCTURES) (Code Amendment No. 300)
Traffic Committee Minutes (accept & file)
Regular meeting of December 18, 2001.
Award of Bids
2001/2002 Street Rehabilitation Program -
Project SP 02110 — Residential Streets — Slurry Seal
SP 02110 - Recommendation is to take the following actions:
Doug Martin Contracting Co. 1) Approve Fiscal Year 2001-2002 Street Rehabilitation
Program and authorize staff to continue with the preparation
of plans and specifications and project bidding for the various
identified projects.
2) Establish Project No. SP-211 10
3) Transfer $200,000 (152-320-3251-7200) and $75,000 (125-
320-3251-7200) from Project No. SP-02107 to Project No.
• SP-02110 (152-320-3293-7200) and (125-320-3293-7200)
respectively.
4) Accept the bid of Doug Martin Contracting Company in the
amount of $168,776.00 as submitted at the bid opening on
December 12, 2001, and authorize the Mayor and City Clerk
to execute an agreement with Doug Martin Contracting
Company for the work to be done.
Road Works Inc. 5) Justify the waiver of the formal bid process for the crack
sealing contract per West Covina Municipal Code Section 2-
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333i (2), waiver of a successful bidder with another
jurisdiction (piggyback) and accept the bid of Road Works -
Inc. in the amount of $56,578.18, and authorize the Acting
Public Works Director to issue a Purchase Order in the
amount of $56,578.18 to Road Work Inc. for the crack
sealing work.
Curb and Gutter Renair — SP 02103
SP 02103 - Recommendation is to accept the bid of Promena Corporation, Santa
Promena Corporation Fe Springs, in the amount of 48,791.60 as submitted at the bid
opening on December 12, 2001 and authorize the Mayor and City
Clerk to execute an agreement with Promena Corporation.
Upgrade of City's Data and Voice Microwave System —
Bid No. 1001-B
Recommendation is to take the following actions:
Data & Voice Microwave System 1) Approve the award of bid for the upgrade of the City's data
Telcom, Inc. and voice microwave system to Telcom, Inc., Oxnard, for a
total price (including the adjusted sales tax) of $15,198.24;
2) Authorize staff to issue a purchase order in the amount of
$13,692.01 to Telcom, Inc. for spare microwave system parts,
and
3) Appropriate $16,900 from GT Fund #124 to Account #124-
320-3278-7160 to fund a portion of the project.
Fire Department Mobile Computers
Fire Dept. Mobile computers Recommendation is to authorize the award of bid to Business Com-
Business Communications System munications .System of Illinois and authorize the expenditure for the
West Covina Service Group.
Replacement of the City Telephone System —
Bid No. 1101-B
City Telephone System Recommendation is to take the following actions:
a) Approve the award of bid for the replacement of the City
Telephone System to Standard Tel Business Com-
munications System, Long Beach, for a total price (including
current taxes) of $364,303.00; and
b) Appropriate $291,223 from the Equipment Replacement
Fund (Fund # 115)to Account 9115-320-3278-7160 to pay
for the balance of the project.
Treasurer's Report (receive & file)
Report for the month of November 2001.
Miscellaneous — Personnel Services
Modification of Personnel Rules Relating to Industrial Disabilities
Recommendation is to adopt the recommended changes as forth in
the Revised Personnel Rules attached to the staff report as Exhibit I.
Miscellaneous — City Manager's Office
Future of ADA Committee
ADA Committee Recommendation is to allow the ADA (Americans with
Disabilities Act) Committee to make recommendations for ADA
compliance to other City facilities and be responsible for
developing an ADA Compliance Plan.
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Council Minutes of I/8/02
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Ordinance introduced
Resolution 2002-1
re AUP 01-12
CONSENT CALENDAR ACTION
Repeal of Saturday Night Special Ordinance
Recommendation is to waive and introduce the following
ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, REPEALING
SECTION 15-32 OF THE WEST COVINA MUNICIPAL CODE
PROHIBITING THE SALE OF SATURDAY NIGHT SPECIALS
Miscellaneous — Planning Department
Appeal of Administrative Use Permit No. 01-12 (Large -Family
Day Care Home)
Applicant: Yelonda Celise McNeal
Location: 3121 Hollingworth Street
Recommendation is to adopt the following resolution:
RESOLUTION NO. 2002-1 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, OVERTURNING THE DECISION OF THE PLAN-
NING COMMISSION AND DENYING ADMINISTRATIVE
USE PERMIT NO. 01-12
Motion by Touhey and seconded by Herfert to waive further
reading of the resolution/ordinances and adopt/introduce; and to
approve all other items except: C-2, C-3, C-4a, C-4e, C-6b, and
C-6d. Motion carried by roll call vote:
AYES: Herfert, Miller, Sanderson, Touhey, Wong
NOES: None
Item C-2 In relation to Item C-2, Mayor Wong pulled the ordinance for
adoption off the Consent Calendar for a separate vote.
Motion by Herfert and seconded by Touhey to waive
further reading of Ordinance No. 2077 (Code Amendment No. 300
— Canopy Structures) and adopt. Motion carried by the following
roll call vote:
AYES: Herfert, Miller, Sanderson, Touhey
NOES: Wong
Item C-3 In relation to Item C-3 (Traffic Committee Minutes), the
following person addressed Council:
Roberta Azpeitia Roberta Azpeitia, 1740 Oakridge Circle, supported the concept of
prohibiting parking on residential streets on street sweeping days.
Motion by Herfert and seconded by Miller to accept and file the
Traffic Committee Minutes. Motion carried 5-0.
Item C-4a In relation to Item C-4a (Street Rehabilitation Program),
Councilmember Sanderson requested a clarification between slurry
seal and asphalt overlay. Acting Public Works Director Yauchzee
responded.
Councilmember Sanderson stated that she didn't favor the
slurry seal process and would vote against the project. Mayor Pro
Tern Touhey agreed.
Motion by Miller and seconded by Herfert to approve the staff
recommendation for Item C-4a. Motion carried 3-2 with
Sanderson and Touhey voting no.
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Council Minutes of 1/8/02
Item C-4e In relation to Item C-4e (Replacement of City Telephone
System), Mayor Wong asked for a verbal staff report as he had a
couple of speaker cards for this item. Communications Director
Keating presented the staff report.
Mark Hertel Mark Hertel of Business Telecommunication Systems stated that
• he felt there were five small issues with his company's bid that
could have been clarified by a phone call. His company submitted
the lowest bid.
James Matthew Peters James Matthew Peters of Business Telecommunication Systems
also spoke on behalf of his company's bid response for this project.
He distributed a letter and backup material to the City Council.
Communications Director Keating stated that Business Telecom-
munication Systems did not submit the financial investments/costs
on the required page in the format requested, making it impossible
to conduct cost comparisons against the other eight bidders. City
consultant, Don Bashor, concurred with Mr. Keating and stated
due diligence was exercised in the analysis phase.
Recess Councilmember Herfert asked for a closed session to discuss this
matter with the City Attorney. City Attorney Alvarez-Glasman
stated that a closed session could be held if the Council voted to
add this onto the Council agenda as coming up after the posting of
the agenda in reference to anticipated litigation.
Motion by Herfert and seconded by Sanderson to add this
matter to the agenda as a closed session item. Motion carried 5-0.
Mayor Wong called a recess at 9:26 pm to convene a
closed session pursuant to Government Code Section 54956.9(c)
for anticipated litigation.
Reconvened The City Council reconvened at 9: 33 pm.
Councilmember Sanderson expressed concern about the vendor
stating that they had to pull out a manual typewriter to complete
the bid proposal. In response to her other question, Com-
munications Director Keating stated that the Request for Bids was
mailed on November 14 and the deadline for submittal was
December 6, 2001.
City Manager Pasmant suggested that the matter be held over for
two weeks to review the statements made.
Motion by Herfert and seconded by Sanderson to hold over
this matter until January 22, 2001. Motion carried 5-0.
Item C-6b In relation to Item C-6b (Future of ADA Committee),
Administrative Analyst Freeland presented the staff report.
Cookie Nance Cookie Nance, 1236 W. Eckerman Avenue, hoped that the ADA
Committee would stay in existence and that ADA projects could be
completed quickly.
• John'Scheuplein John Scheuplein, 1800 Aroma Drive #247, felt that inconsistent
meeting tithes caused the committee membership to drop. He
hoped the committee would become more formalized.
Motion by Herfert and seconded by Miller to approve the staff
recommendation for Item C-6b. A copy of the project items would
be forwarded to the ADA Committee and the City Council.
Motion carried 5-0.
Council Minutes of 1/8/02
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Item C-6d In relation to Item C-6d (Appeal of AUP No. 01-12 for Large -
Family Day Care Home), Councilmember Miller pulled this item
off the Consent Calendar for separate action.
City Clerk Berry presented Resolution No. 2002-1. Motion
by Touhey and seconded by Herfert to waive further reading of the
resolution and adopt. Motion carried 3-2 with Miller and Wong
voting no.
END OF CONSENT CALENDAR
PUBLIC WORKS NATIONAL POLLUTION ELIMINATION SYSTEM
(NPDES) — PARTICIPATION IN THE
COALITION FOR PRACTICAL REGULATION (CPR)
Acting Public Works Director Yauchzee presented the staff report.
City Clerk Berry presented:
Resolution 2002-2 RESOLUTION NO. 2002-2 — A RESOLUTION OF THE
NPDES CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, AUTHORIZING JOINING THE COALITION FOR
PRACTICAL REGULATION AND THE FILING OF A
PETITION WITH THE STATE WATER RESOURCES
CONTROL CONTESTING ACTIONS TAKEN BY THE
CALIFORNIA REGIONAL WATER QUALITY CONTROL
BOARD, LOST ANGELES REGION, IN CONNECTION WITH
THE STORM WATER/URBAN RUNOFF PERMIT FOR THE
COUNTY OF LOS ANGELES AND THE INCORPORATED
CITIES THEREIN (NPDES No. CAS004001)
Motion by Miller and seconded by Sanderson to waive
further reading of the resolution and adopt. Motion carried 5-0.
Motion by Touhey and seconded by Miller to authorize the
Acting Public Works Director to issue a purchase order in the
amount of $10,000 from account 189-320-2257-6120. Motion
carried 5-0.
PLANNING DEPARTMENT No reports for this meeting.
ADMINISTRATIVE SERVICES No reports for this meeting.
REDEVELOPMENT AGENCY Mayor Wong recessed the City Council meeting at 9:48 pm to
convene the Redevelopment Agency. The City Council
reconvened at 9:49 pm with all members present.
COMMUNITY SERVICES No reports for this meeting.
ENVIRONMENTAL MANAGEMENT
AWARD OF ENVIRONMENTAL CONSULTANT CON-
TRACT SERVICES FOR THE BIG LEAGUE DREAMS
PROPOSED DEVELOPMENT ADJACENT TO THE
BKK LANDFILL
Environmental Consultant Environmental Management Director Samaniego presented the
Camp, Dresser & McKee staff report. Mayor Wong asked about the time frame urgency.
Mr. Samaniego responded that the City's special counsel is
currently negotiating an agreement with the U.S. EPA to lift the
land use restrictions and EPA wants, in turn, assurance from the
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City that we would have a gas -monitoring plan. The City's con-
sultant would assist the City in evaluating and approving the gas -
monitoring plan.
City Manager Pasmant added that Special Counsel Lennard
requested the technical services of Camp, Dresser & McKee be
made available to him during this period.
Motion by Touhey and seconded by Herfert to waive the
formal bid procedure and authorize the Environmental
Management Director to execute a contract for environmental
consulting services with Camp, Dresser & McKee, Inc. in a not to
exceed" amount of $30,000 to be appropriated from the
Community Enhancement Fund balance and transferred to
Account#114-320-2314-6120.
Mayor Wong expressed concern about the funds already
spent towards the Big League Dreams project and this expenditure
particularly, because the City isn't even sure if the project is going
to move forward.
Motion carried 4-1 with Wong voting no.
PUBLIC SAFETY No reports for this meeting.
GENERAL ADMINISTRATION No reports for this meeting.
MAYOR'S REPORTS No reports for this meeting.
COUNCILMEMBERS' REPORTS
Councilmember Herfert —
Parole Office Expansion Community Meeting
Expansion of Parole Office Before discussing this item, Mayor Pro Tem Touhey stated that
due to the proximity of his pizza parlor to the parole office, he
would abstain from the discussion and vote on this matter pursuant
to conflict of interest laws.
Police Chief Wills presented the staff report.
Motion by Herfert and seconded by Sanderson to approve
setting the community meeting for 1/23/02 at Manzanita School in
Covina.
Perry Omidvav Parviz "Perry" Omidvav, owner of the parole office property,
noted that the six-foot block wall is going to be increased to eight
feet.
David Munoz David Munoz, Parole Administrator for the San Gabriel Valley
District. He asked about the role his department would play at the
community meeting.
John Shewmaker John Shewmaker, 1825 Borrego Drive, suggested that the parole
office be relocated somewhere near the Police Department.
Councilmember Miller stated he would not support the motion
because the penal system is based on rehabilitation. This is an
attempt to education the parolees to be productive in this society.
Councilmember Sanderson asked about the size of current facility
and the intended expansion, and the current programs versus those
proposed. Mr. Munoz responded that the current 3500 square feet
would be expanded to 15,000 square feet. Added programs would
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Council Minutes of 1/8/02
be: parenting, literacy class with computers, job hunting and
interview skills, and substance abuse programs.
Mayor Wong stated he would not support the motion for a couple
of reasons: there haven't been complaints in the last fifteen years
regarding the parole office, the property owner has a right to
• rearrange his property, and the crime rates are low at least for the
last five years.
Mayor Wong asked for a vote on the current motion to set
the community meeting. Motion failed 2-2-1 with Miller and
Wong voting no and Touhey abstained.
Mayor Pro Tern Touhey returned to the Council table.
Councilmember Herfert asked for a report of the crime statistics
for the next City Council meeting and the Council to take a
position in opposition to the parole office.
Councilmember Sanderson requested information on a Performing
Arts Committee, which was referenced earlier in the meeting.
Mayor Pro Tern Touhey requested a report on the number of
parolees that have been arrested.
ADJOURNMENT Motion by Miller and seconded by Herfert to adjourn the meeting
at 10:48 pm. Motion carried 5-0.
Attest:-, ..
City Clerk Janet Berry
W