09-21-1999 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
September 21, 1999
,Theregular meeting of the West Covina City Council was called to order by Mayor Howard at 7:33 p.m. in
e City Hall Council Chambers, 1444 West Garvey Avenue, West Covina, California. Invocation was given
y Mr. David Saldaha, Chaplain, VFW Post No. 8620. Members of the Veterans of the Foreign Wars of the
United States, Post No. 8620, presented the flags and led the audience in the Pledge of Allegiance.
ROLL CALL Mayor Howard, Mayor Pro Tem Melendez, Councilmembers Herfert,
Touhey, Wong
Others Present Hobbs, Buchanan, Pidgeon, Collier, Marlyn, King, Fong, Chung,
Hernandez, Meier, Bommarito, Yauchzee, Gandolfi, Clark, Mayer,
Tucker, Samaniego, McDonald, Martinez, Paul, McIsaac, Kolnik,
Wills, Schimanski, Fox
PRESENTATIONS Police Chief Frank Wills presented newly -hired Police Officers Anthony
Coppi and Sean Carmon, both from the City of San Marino.
Finance Director Margie Tucker presented newly -hired City Controller
Dena Hernandez.
PROCLAMATIONS Mayor Howard presented a proclamation to Commander Manny Saca in
recognition of the Veterans of the Foreign Wars of the United States'
100" Anniversary. Mr. Saca, in turn, introduced Lillian Kiel, the most
decorated female veteran of the Korean War and World War II, and
Elsie Alma, President of Post No. 8620.
Mayor Howard presented a proclamation to Ray Urrutia, West Covina
Lions Club, recognizing October 1 and 2, 1999 as White Cane Days.
REPORT OUT OF CLOSED SESSION
Mayor Howard reported that a Settlement Agreement was approved in
the,case of Tiburon v. City of West Covina and details would be
available upon request.
RECESS Mayor Howard recessed the City Council meeting at 7:55 p.m. to
conduct a public hearing by the Redevelopment Agency.
Councilmember Touhey left the Council Chambers at 7:55 p.m. The
Council meeting reconvened at 8:00 p.m. with all members present
except Councilmember Touhey, who returned to. the Chambers at 8:05
p.m.
CONSENT CALENDAR Commissions' Summary of Actions (receive & file)
Personnel Department 06/22/99
Temporary Use Permits (receive & file)
TUP #2533-99. Big 5 at 235 North Azusa Avenue for a tent sale from
914/99 to 9/9/99.
City Treasurer's Report (receive & file)
City Treasurer's Report for the month of July, 1999.
Award of Bids
Proiect No. PP-00213 - Park Bleachers Upgrading
PP-00213 Recommendation is to accept the bid of Whelan Construction in the
Whelan Construction amount of $54,076 and authorize the Mayor and City Clerk to execute an
with same for the work to be done.
City Council Minutes
September 21,1999
Project No. GP-00315 - City Hall Painting
GP-00315 Recommendation is to accept the bid of BB Construction in the amount
BB Construction of $50,000 and authorized the Mayor and City Clerk to execute an
agreement with same for the work to be done.
Project No. SP-99105 - Orange Avenue and Willow Avenue Street
Rehabilitation Work
-99105 Recommendation is that Council take the following actions:
011via Construction * Authorize the transfer of $178,000 from Project No. SP-00108 (123-
320-3039-7200) to Project No. SP-99105 (123-320-3925-7200); and
* Accept the bid of Silvia Construction in the amount of $194,579.50
and authorize the Mayor and City Clerk to execute an agreement with
same for the work to be done.
Code Enforcement Marketing
Code Enforcement Marketing Recommendation is to accept the proposal of Custom Marketing Services
Custom Marketing Services and authorize the Mayor and City Clerk to execute an agreement with
Custom Marketing Services for code enforcement marketing services for
an amount not to exceed $23,347,50.
Award of Contract for Project No. 99-08 - Upgrade West Covina Auto
Plaza Sign
Project No. 99-08 Recommendation is to award the contract to Sign Methods in the amount
Sign Methods of $16,011.50 and authorize the Chairman of the Redevelopment Agency
to execute any and all necessary documents.
Miscellaneous - Police Department
Grant -Funded Police Service Pistol Replacement
PD Service Pistol Replacement Recommendation is to approve the purchase directly from LC Action,
the lowest bidder, of 135 G-21 .45 acp police service pistols and
associated equipment.
Miscellaneous - Personnel Department
Approval of Class Specification Entitled: Computer Systems
Administrator
Computer Systems Administrator Recommendation is to waive further reading of the following resolution
and adopt:
RESOLUTION NO. 9730 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 7223, RELATING TO
CLASSIFICATION AND COMPENSATION OF POSITIONS, AS
AMENDED; AND APPROVING THE CLASSIFICATION OF
COMPUTER SYSTEMS ADMINISTRATOR.
Miscellaneous - Environmental Management
BKK Landfill Closure Plans Status Report
BKK Status Report Recommendation is to receive and file this report.
Lease of Two Ford Ranger Electric Trucks
Lease of Electric Trucks Recommendation is to take the following actions:
* Find that the State of California's bidding procedures are at least as
• stringent as those required under the City of West Covina Municipal
Code Section 2-330; and
* Waive the competitive bidding requirements under Section 2-330 of
the WCMC and authorize the City to use State of California procurement
contract #DGS-OFA-FOR-EV01 for the procurement (lease) of one 1999
Ford Ranger EV from Villa Ford at $15,785.02, including tax, and one
1999 Ford Ranger EV from Villa Ford at $8,785.02, including tax; and
* Authorize the Environmental Management Director to execute the
agreement with Ford Motor Credit Corporation; and
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September 21,1999
* Authorize the Mayor and City Clerk to execute an agreement with
Edison EV to install the charging unit for the EV to be used by
Community Services; and
* Appropriate a maximum of $27,370.04 from AB2766 Air Quality
fund balance #119-300-2319 for the project.
Electric Vehicle Public Charging Stations Power Utility Expenditure
Budget Line Item Addition
Sublic EV Charging Stations Recommendation is to appropriate a maximum of $1,200 per year from
the AB2766 account fund for the establishment of budget line items for
payment of Southern California Edison charges for each of the electric
vehicle charging stations at The Plaza at West Covina and First United
Methodist Church, for a total of $2,400.
Miscellaneous — Community Services
Installation of Custom Punched Steel Back and Side Panels on 46 to 50
of Eller Media Company's Bus Shelters in West Covina
Recommendation is to approve the installation of "punched steel" panels
for the remaining 46 bus shelters throughout the City of West Covina by
Eller Media Company.
Miscellaneous — City Manager's Office
Recommendations Regarding Gym Project
Gym Project Recommendation is to receive and file the staff report and if Council
wishes to give staff policy directions that influence the preparation of the
FY 2000-2001 budget and CIP, they should feel free to do so prior to
budget preparations at the beginning of January, 2000.
Agenda Report on Westfield Liti ation
Recommendation is to receive and file this staff report.
CONSENT CALENDAR MOTION
Motion by Wong and seconded by Herfert to waive further reading of
the resolution and adopt, and to approve all items listed except B-4e and
B-5g. Motion carried by roll call vote:
AYES: Herfert, Melendez, Wong, Howard
NOES: None
ABSENT: Touhey (returned at 8:05 p.m.)
ABSTAIN: None
Item B-5g Mr. Curtis Hedlund, 1542 W. Workman Avenue, spoke in support of
Gym Project the gym project. Councilmember Wong was interested in knowing what
amount of support the league could provide in this project.
Councilmember Herfert spoke in support of the project and noted that it
is time to move forwarded.
Motion by Herfert and seconded by Touhey to come back to Council
with funding sources directed at 2 locations (Cameron Park and Shadow
Oak Park) for a multi -purpose facility with a time frame for
construction.
• Councilmember Touhey spoke in support and offered suggestions on
funding sources.
Councilmember Wong expressed that he could not support moving
forward with the project at this time. He stated that during the budget
process is the place and time to discuss the priorities of the community.
He also noted that he did not hear mention of any financial support from
the community to defray some of the cost of such a project.
Councilmember Herfert clarified that his motion was not to fund the
project; it was to identify funding sources for the project.
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September 21,1999
Mayor Pro Tern Melendez spoke in support of the project and the 2
locations suggested by the subcommittee. He noted that he would
supports a CDBG grant to fund the project.
Mayor Howard stated that moving forward at this time would be
• premature and suggested that Council bring in a consultant to advise on
the appropriateness of the two proposed locations. She also noted that
her biggest concern was that the City do not have the money in the
budget to maintain the facility.
Motion repeated Motion by Herfert and seconded by Touhey to direct staff to come back
to Council with funding sources directed at 2 locations (Cameron Park
and Shadow Oak Park) for a multi -purpose facility with a time frame for
construction. Motion carried 5-0.
RECESS Mayor Howard recessed the meeting at 8:38 p.m. The Council
reconvened at 8:50 p.m. with all members present.
Item B-4e Councilmember Herfert raised concerns about the qualifications of the
low bidder for this project and that the bid was almost $8,000 lower than
the second lowest bidder. He wanted to be sure that the City receives a
quality product. Mr. Herfert noted that he would vote against the award
of bid because he didn't think the company is qualified.
Motion Motion by Wong and seconded by Howard to approve the contract with
Sign Methods for $16,011.50. Motion carried 4-1 (Herfert).
Mayor Pro Tem Melendez suggested that Item F-1 be pulled forward
COMMUNITY SERVICES
Award of Contract for Senior Meals Program
Interim Community Services Director Pat Bommarito presented the staff
Senior Meals Program
report. Councilmember Wong initially raised concerns that the Senior
Citizens' and Community Services Commissions were not aware of
information received prior to the meeting and should be given the
opportunity to consider this new information in making their
recommendation.
Councilmember Herfert
Councilmember Herfert asked if other funding was available
besides the BINGO donation and suggested that the funding come from
the "Slush" fund that the City Manager have for the Council.
Councilmember Wong
Councilmember Wong asked why would staff recommend a bid
that is $20,000 higher than the low bidder. Ms. Bommarito responded
that the Seniors prefer on -site preparation and the quality of food is
better. Mr. Wong asked Ms. Bommarito to go over the communications
that staff had with LACo Area Agency on Aging (AAA) regarding
Morrison (the low bidder) not being eligible. Ms. Bommarito responded
that AAA stated that they do not normally to award additional contracts
to vendors with five clients. Senior Citizens Supervisor Lea Kolnick
addressed the Council with additional information regarding this bidding
process. The discussion continued. Mr. Wong requested a copy of the
letter sent to AAA to see what staff proposed to them and suggested that
this item be held over until some questions are answered regarding the
•
bid process. He stated that it seemed staff had worked at garnering
support for Huntington Culinary.
Councilmember Touhey
Councilmember Touhey voiced his confidence in the
commissioners going out to sample the meals of both vendors. He stated
that the issue is the "quality" of the meals and he would rather our
seniors have fresh meat and produce as opposed to frozen or pressed
foods. Mr. Touhey also noted that it is worth an extra $20,000 to be
able to serve our seniors quality meals, and that he is opposed to the use
of BINGO donations.
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September 21,1999
Public comments
May Newlin, Senior Citizens' Commissioner, spoke in support of
May Newlin
the contract and asked for Council's approval.
Thelma "Penny" Schaefer, Chairperson of the Senior Nutrition
Thelma "Penny" Schaefer
Program, also spoke in support of the contract noting the well-balanced,
high quality meals that Huntington Culinary provides. She stated that it
is important to have these well-balanced meals, as they may be the only
meal some seniors have in one day.
•ouncilmember Wong
Councilmember Wong asked for clarification on Huntington's
elimination of items from their menu and the adjustment of their bid
price.
Motion
Motion by Herfert and seconded by Touhey to approve staff's
recommendation. Mr. Herfert also suggested that the BINGO donation
not be used to fund the program. Instead, he suggested that staff use the
funds from the City Manager's emergency fund. No vote was taken on
the motion.
Councilmember Touhey
Councilmember Touhey commented again on quality being the
most important factor in his decision to support the contract with
Huntington.
Councilmember Wong
Councilmember Wong mentioned that he has serious questions as
to what the staff report has represented to the Council in an effort to get
Council to support the contract with Huntington. After a number of
additional comments, Mr. Wong suggested that all the information
should go back to the two commissions, so they can consider all the facts
before making a recommendation to the Council. He added that he could
not, in good conscience, support the contract. Mr. Wong asked the City
Attorney if the City could legally grant a bid to the high bidder when it
was a fair and legal bid process. City Attorney Martyn stated that she
would not want to render an opinion without first looking over the entire
package.
City Manager Hobbs
City Manager Hobbs stated that he didn't want to leave any
questions unanswered about the bid process and offered to meet with Mr.
Wong and other Council members in an effort to resolve the matter or
explore other options.
Motion
Councilmember Wong motioned to table the matter. Mayor
Howard notes that there is a motion currently on the floor, to which Mr.
Wong states that a motion to table takes precedent according to Robert's
Rules of Order. Mayor Howard calls for a second to Mr. Wong's
motion. Motion dies for lack of a second.
Mayor Pro Tem Melendez
Mayor Pro Tern Melendez noted that he is always concerned
about a fair and even bidding process. He continued by stating that there
was no formal bidding process in the sale of the water system. He stated
that he would like Mr. Wong to aggressively join him in his fight for a
formal bidding process in the water sale. Mr. Melendez went on to say
that the quality of food for the seniors is the important factor and that he
will support the contract.
Councilmember Wong
Councilmember Wong again questioned the legality of awarding a
bid to the higher bidder without a legitimate reason. City Attorney
Marlyn responded by reading from two AAA program instructions which
indicates that all successful bidders must be approved by AAA, and that
AAA, in general, will go with the lowest bidder. However, they may
also go with a higher bidder, if there is strong justification. Also, they
stated that no bidder may have more than 5 clients unless approved by
•
AAA. Councilmember Wong reiterated how Mr. Early of AAA
indicated how "reluctantly" AAA approved Huntington. He emphasized
that he doesn't want staff to proceed down a path that will lead to legal
issues without knowing all the facts.
Mayor Howard
Mayor Howard noted that she did not feel it would hurt to wait to
get Mr. Wong's questions answered.
Councilmember Herfert
Councilmember Herfert called for the question. Mayor Howard
noted that it takes 2/3 vote to limit debate. Mr. Herfert again
emphasized that the issue is "quality" and not "cost". The discussion
continued.
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September 21,1999
Motion
Motion to reconsider item
0 in B-4e
Motion
Further discussion
Motion
RECESS
PUBLIC SERVICES
Maintenance of Sewer Laterals
Motion by Wong and seconded by Howard to table the item until
the earliest possible meeting. Motion carried 3-2 (Herfert, Touhey).
Motion by Herfert and seconded by Wong to reconsider Item B-4e (Auto
Plaza Sign). Motion carried 5-0.
Councilmember Herfert pointed out a change in the bid amount of
one bidder, noting that sales tax was not initially added in the bid
package. He expressed his concern that the bid amount was changed,
and stated that he felt that the project should be rebid or get a decision.
Mr. Wong emphasized that the low bidder on this project stated in the
bid package that the bid amount did not include sales tax, and the change
in amount was merely a clerical adjustment.
Motion by Wong to approve the contract to Sign Methods in the
amount of $16,011.50 and authorize the Chairman of the Redevelopment
Agency to execute any and all necessary documents. Motion dies for
lack of a second.
Councilmember Herfert asked if there were adifference between
this process and that of the Senior Meals Program. City Attorney asked
that she be given a chance to review the documents in her possession
before rendering an opinion.
Motion by Wong and seconded by Herfert to hold this item over
until a future meeting. Motion carried 5-0.
Mayor Howard recessed the meeting at 9:40 p.m. The Council meeting
r
reconvened at 9:58 p.m. with all members present.
Clarifying Revision to Municipal Code Section 23-114 Dealing with
the Maintenance of Sewer Laterals
City Engineer Tom Mayer made the staff presentation. Deputy City
Clerk Buchanan presented:
Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, AMENDING SECTION 23-114 OF THE WEST
COVINA MUNICIPAL CODE, RELATING TO THE
MAINTENANCE OF HOUSE SEWER CONNECTIONS.
Motion by Wong and seconded by Herfert to waive further reading of
the ordinance and introduce. Motion carried 5-0.
Purchase of Engine System Analyzer with Dynamometer
Engine System Analyzer Public Services Director Jeff Collier made the staff presentation.
Councilmember Touhey asked what type of guarantee do we have that
this technology will be in effect for 15 years. He noted that the
equipment and requirements change so frequent that we need to know if
this is fiscally worth the investment. Mr. Collier responded that for the
purpose of emissions testing, there are no guarantees; but that the
equipment does, in fact, serve other purposes. After a short discussion,
it was concluded that the dynamometer is not a necessary piece of
equipment.
• Motion by Wong and seconded by Touhey to purchase the engine
system analyzer without the dynamometer at a cost of $22,724,38.
Motion carried 5-0.
Purchase of Property from Valencia Heights Water Company and
Vireil Butler
Valencia Heights Water Co. Councilmember Wong abstained from discussion and vote on this item
citing a financial conflict. Public Services Director Collier presented the
staff report.
Motion by Herfert and seconded by Touhey to hold this item over
to a future meeting. Motion carried 4-0-1 (Wong).
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September 21,1999
ENVIRONMENTAL MANAGEMENT DEPARTMENT No reports
COMMUNITY DEVELOPMENT Handled earlier in the evening.
PUBLIC SAFETY SERVICES Police Department
• Transferring Funds & Appropriating Interest from the 1997-98 BJA
Grant
Police Chief Frank Wills presented the staff report. Councilmember
Touhey commented that the need for new radios was evident in the take-
over robbery at Pacific Western Bank and that he welcomed the
purchase. Councilmember Herfert suggested that staff check the
Governor's website for additional law enforcement grants that are now
available.
Motion by Herfert and seconded by Howard to take the following
actions:
• Approve the transfer of $80,000 from 135.304.2111.5113 to
135.304.2110.7160;
• Authorize the appropriation of $920 in interest into
135.304.2110.7160
• Authorize the Chief of Police to purchase the equipment from the
lowest bidder.
ADMINISTRATIVE SERVICES No reports
GENERAL ADMINISTRATION City Manager's Office
WCCT Broadcast of West Covina School Board Candidates Public
Administrative Analyst Jennifer Pidgeon made the staff presentation.
Councilmember Wong expressed that he felt the project was worthwhile
if volunteers were available and "FOR WEST COVINA" would help
defray some costs.
Motion by Wong to approve. Motion dies for lack of a second.
Motion by Herfert to receive and file. Motion dies for lack of a
second.
APPROVAL OF DEMANDS _ Motion by Wong and seconded by Herfert to approve demands totaling
$1,775,717.46 with check nos. 188135 through 188371 totaling
$551,663.55, and wire transfers totaling $1,224,053.91. Motion carried
by roll call vote:
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSTAIN: Touhey re: Food Bank
ORAL COMMUNICATIONS Annette Crosby, Covina, CA, spoke in support of Moe the Chimp.
MAYOR'S REPORT None
COUNCILMEMBERS' REPORT Councilmember Herfert noted that commissioners haven't been receiving
their agendas on time and requested that they receive them over the
Councilmember Herfert weekend. He went on to clarify his role as a Councilmember and
isrequested "Robert's Rules of Order" and the role of the Mayor as a
Councilmember be brought back to Council for discussion. Mr. Herfert
expressed his dissatisfaction with the treatment he received during the
meeting.
Mayor Pro Tern. Melendez Mayor Pro Tern Melendez requested that the formal bidding process
regarding the sale of the water system be agendized.
Councilmember Wong Councilmember Wong stated that he wasn't ,sure if Council needed to
agendize the matter of the water sale because of the responses received
when the City sent out Requests for Qualifications. Council, in turn,
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City Council Minutes
September 21,1999
entered into an Exclusive Negotiation Agreement with one of the
respondents (Suburban Water Systems).
Councilmember Touhey Councilmember Touhey reviewed the entire process that Council
exercised in the sale of the water system and emphasized that there was
no need to agendize the matter.
�ayor Howard Mayor Howard noted that there has always been a .gentleman's
agreement to agendize any subject matter requested by any
Councilmember.
Councilmember Wong Councilmember Wong stated that the only way to handle this issue is to
vote to rescind the decision already made. He also addressed the issue
of Moe the Chimp.
CITY MANAGER'S REPORT None
ADJOURNMENT Motion by Wong and seconded by Touhey to adjourn the meeting at
10:56 p.m. in memory of the victims of the 7.6 earthquake in Taiwan
and Mr. Maynard Tex Carter, a long-time resident and business owner
in the City of West Covina. Motion carried 5-0.
May r Kathry oward
ATTEST:
CityClerk,Janet Berry a
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