01-22-2002 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING
WEST COVINA CITY COUNCIL
January 22, 2002
Mayor Wong called to order the regular meeting of the West Covina City Council at 7:20 pm in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Andrew Pasmant gave
the invocation and Councilmember Miller led the Pledge of Allegiance.
ROLL CALL Mayor Wong; Mayor Pro Tern Touhey, Councilmembers Herfert,
Miller, Sanderson
Others Present: Pasmant, Chung, Alvarez-Glasman, Fields, Bommarito, Freeland,
McIsaac, Yauchzee, Keating, Urban, Hoppe, Hatch, Samaniego,
Berry
APPROVAL OF MINUTES The minutes of January 8, 2002 were held over until the next
Council meeting for corrections.
PRESENTATIONS Rick Meza, Regional Manager of Southern California Edison
presented the City of West Covina, via Mayor Wong, a rebate
check for $192,820 to off set the cost of the energy -saving LED
traffic signal lights that the City of West Covina installed.
Alicia Thomas, President of West Covina Rotary, presented a
Certificate of Appreciation to the City of West Covina, via Mayor
Wong, for the City's support for the Red Ribbon Week Pancake
Breakfast.
With the assistance of Alonso Silva, Coach of the Chilli Peppers,
Mayor Wong presented each member of the West Covina Youth
Soccer Girls under 12 a certificate recognizing them as the Girls
under 12 Coaches' Cup Champions.
ORAL COMMUNICATIONS No comments offered.
HEARING CONTINUED PUBLIC HEARING —
CODE AMENDMENT NO. 01-01 — GAME ARCADES
Game Arcades Mayor Wong explained that this matter was continued until this
evening for revisions to the ordinance, with the public testimony
portion of the hearing closed.
Mayor Pro Tern Touhey stated that because his place of business
could be affected by this code amendment, he would step down
from participating and voting on this matter in compliance with
conflict of interest laws.
Planning Director Mclsaac presented the staff report. The City
Clerk was asked to read the title of the ordinance.
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City Clerk presented:.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 5
(AMUSEMENTS) AND CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO "GAME
ARCADES" (Code Amendment No. 0 1 -0 1)
Ordinance failed introduction Motion by Miller and seconded by Wong to waive further
reading of the ordinance and introduce. Motion failed by the
following roll call vote:
AYES: Miller, Wong
NOES: Herfert, Sanderson
ABSTAIN: Touhey
Mayor Pro Tem Touhey returned to the Council table.
CONSENT CALENDAR Commissions/Summary of Actions (receive & file)
Community Services 12/11/01
Planning 01/15/02
Senior Citizens 12/13/01
Ordinance for Adoption (waive reading & adopt)
The ordinance presented on the City Council Agenda was one that
had already been adopted. Therefore, this item was removed from
consideration.
Claims for Action (deny & notify claimant)
Lorraine Ennis vs. Citv of West Covina
On October 30, 2001 the City Clerk's Office received a claim for
personal injuries relating to a trip and fall accident on a public
sidewalk. The amount of claim had not been determined at time of
presentation.
Victory Outreach — La Puente vs. City of West Covina
On August 3, 2001 the City Clerk's Office received a claim for
personal injuries relating to a vehicle accident. The amount of
claim had not been determined at time of presentation.
Julie Arguinzoni vs. City of West Covina
On August 3, 2001 the City Clerk's Office received a claim for
personal injuries relating to a vehicle accident. The amount of
claim had not been determined at time of presentation.
Evelyn Doreen Arguinzoni vs City of West Covina
On August 3, 2001 the City Clerk's Office received a claim for
personal injuries relating to a vehicle accident. The amount of
claim had not been determined at time of presentation.
Evelyn Doreen Arguinzoni as Guardian ad Litem for Damon
Kuklinski, Jr. vs. Citv of West Covina
On August 3, 2001 the City Clerk's Office received a claim for
personal injuries relating to a vehicle accident. The amount of
claim had not been determined at time of presentation.
Sonny Arguinzoni vs. City of West Covina
On August 3, 2001 the City Clerk's Office received a claim for
personal injuries relating to a vehicle accident. The amount of
claim had not been determined at time of presentation.
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Acura, Alibutod, Archiniega, Azelton, Brenes, Hajirnia,
Hernandez, Herrera, Manage, Cabreza, Razon, Serrano, and Smith
vs City of West Covina
On October 3, 2001 the City Clerk's Office received a claim for
inverse condemnation, trespass, dangerous condition of public
property, and nuisance in the amount of $5,000,000 relating to an
alleged slope failure on public property.
isNorman L. Rickman vs. City of West Covina
On May 13, 2001 the City Clerk's Office received a claim for
property damage in the amount of $1,097.02. Claimant is seeking
to recover costs to repair damage to his vehicle.
Three Vallevs Municipal Water District vs Citv of West Covina
On October 29, 2001 the City Clerk's Office received a claim for
monetary loss relating to the sale of the City of West Covina's
water system, including its interest in the Grand Avenue pipeline,
to Suburban Water Systems. The amount of claim had not been
determined at time of presentation.
Acceptance of Improvements and/or Release of Bonds
Principal: Sears, Roebuck and Co.
Location: 610 S. Sunset Avenue (Sears Auto Center)
Recommendation is to accept onsite and offsite improvements for
Precise Plan No. 855 and authorize release of Bond No. 6030869
by Safeco Insurance Company of America in the amount of
$210,000.
Award of Bid
Section 125 Plan Third Partv Administrator Contract
Recommendation is to take the following actions:
1) Accept the proposal of Barney & Barney as submitted on
November 16, 2001;
2) Authorize the Mayor and City Clerk to execute an
agreement with Barney & Barney to provide Section 125
Plan Third Party Administration effective March 1, 2002;
3) Authorize the City Manager to execute an amendment with
the various bargaining unit's MOU to allow cash out option
on excess medical benefit; and
4) Appropriate $7,350 from the General Fund Reserve to
account 110-320-2550-5164 (Section 125 Administration)
to administer the Section 125 Plan.
Miscellaneous — Public Works
CIP and Building Activity Report — Fourth Quarter 2001
Recommendation is to receive and file the informational report.
Miscellaneous — Risk Management
FY 2001 /2002 Liability Risk Premium Assessment
Recommendation is to appropriate $130,904 from General Lia-
bility reserves (361-301) and transfer it into account 361-320-
2570-6411 to pay the second installment of this Supplemental Risk
Premium Assessment.
Miscellaneous — Environmental Management
BKK Landfill Closure Plans — Status Report
Recommendation is to receive and file the status report.
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Miscellaneous — Office of the City Clerk
Destruction of Documents as Prescribed by Law
Recommendation is to adopt the following resolution:
Resolution 2002-3 RESOLUTION NO. 2002-3 — A RESOLUTION OF THE CITY
Destruction of materials COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN DOCU-
MENTS AS PRESCRIBED BY LAW
Miscellaneous — Community Services
Applications for the Riparian and Riverine Habitat Grant Progrm
Under the Safe Neighborhood, Clean Water, Clean Air, and
Coastal Protection Bond Act of 2000
Recommendation is to adopt the following resolutions:
Resolution 2002-4 RESOLUTION NO. 2002-4 — A RESOLUTION OF THE CITY
Galster Park project COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE APPLICATION FOR THE RIPARIAN AND
RIVERINE HABITAT GRANT UNDER THE SAFE NEIGH-
BORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND
COASTAL PROTECTION BOND ACT OF 2000 (For the Galster
Park Area Project)
Resolution 2002-5 RESOLUTION NO. 2002-5 — A RESOLUTION OF THE CITY
Maverick/Ridge Rider Park Area COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE APPLICATION FOR THE RIPARIAN AND
RIVERINE HABITAT GRANT UNDER THE SAFE NEIGH-
BORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND
COASTAL PROTECTION BOND ACT OF 2000 (For the
Maverick/Ridge Rider Park Area Project)
CONSENT CALENDAR ACTION City Manager Pasmant requested Item C-5a (Award of Bid
Item C-5a re: Section 125 Plan Third Party Administrator Contract) be with-
drawn from consideration for additional review.
Motion by Herfert and seconded by Touhey to waive further
reading of the resolutions and adopt, and to approve all other items
listed except: C-2, C-5a, C-6e. Motion carried by roll call vote:
AYES: Herfert, Miller, Sanderson, Touhey, Wong
NOES: None
Item C-2 Mayor Wong noted that the ordinance proposed for
adoption (Item C-2) had been adopted at the last meeting;
therefore, it was removed from consideration.
Item C-6e Mayor Wong removed Item C-6e (Applications for
Riparian and Riverine Habitat Grant Program) for separate action
as he needed to abstain due to conflict of interest laws. As a
Valencia Heights Water Company customer, he has one share in
the Valencia Heights Water Mutual Water Company and one of the
resolutions involves the Maverick/Ridge Rider area located
adjacent to the Water Company's property.
Motion by Herfert and seconded by Miller to waive further
reading of Resolution No. 2002-4 and Resolution No. 2002-5 and
to adopt both. Motion carried 4-0-1 with Wong abstaining.
END OF CONSENT CALENDAR
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At the request of Councilmember Herfert, Mayor Wong pulled
forward the following item for Council consideration at this time.
COUNCILMEMBERS' REPORTS
Councilmember Herfert —
• Parole Office Expansion Considerations
Parole Office on Badillo Mayor Pro Tem Touhey stated that his place of business is located
within 300 feet of the property in question and would therefore
step down from the Council table. Although he would not partici-
pate in the discussion and vote, he stated that he would speak as a
resident of West Covina.
Councilmember Herfert discussed the chain of events that has
brought this matter before the Council this evening and Police
Chief Wills presented the staff report.
In response to Councilmember Herten, Police Chief Wills stated
that he could not support the expansion of the parole office for the
following reasons:
l) The Badillo parole office is located in close proximity to
several schools in the area.
2) There are already enough parole officers to handle all West
Covina parolees. The parole office handles Baldwin Park
and Irwindale parolees too, since neither city has its own
parole office.In other words, West Covina already carries
its fair share.
3) Although a 20-minute visit by a parolee every few months
may not increase crime, having large numbers of parolees
attending classes for weeks at a time could result in
increased crime.
4) Lastly, Police Chief Wills stated that he was given a
promise in his office that the parole office would not be
expanded and when promises are given promises should be
kept.
Public Comments The following individuals addressed Council in opposition to the
expansion of the parole office. There were comments opposing the
office being located at that site in principle and comments noting
the degradation of the entire center. No comments were offered in
support of the parole office expansion.
Lloyd Johnson, 1809 Adams Dr., West Covina, presented a
petition with 500 names.
Abednego Del Rosario, 3008 Via Delores, Baldwin Park
Gerald White, 15364 Kenoak Dr., Baldwin Park
Katherine Castucci, 430 Pima Ave., West Covina
Rosalinda & Eric Rodriguez, 1830 W. Kenoak Dr., West Covina,
presented pictures of their property adjacent to the parole
office.
Maurice Cortez, 219 N. Morris Ave., West Covina
Manuel Meza, 1900 W. Kenoak Dr., West Covina
Sylvia Sanders, 4184 Sharons Way, Baldwin Park
Wayne Heieck, 1313 S. Sunkist Ave., West Covina
• Ricardo Pacheco, Baldwin Park Councilmember
Marlen Garcia, Baldwin Park Councilmember
Mark Breceda, Mayor of Irwindale
Mike Touhey, Red Baron Pizza owner and Councilmember
Larry Shelton, 1819 Kenoak Dr., West Covina
Garry Sills, 943 N. Orange Avenue, West Covina
Kathleen Putman, 1719 W. Padre Drive, West Covina
Sergio Corona, 3699 N. Holly Avenue, Baldwin Park
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Iris Delameter, 1212 S. Eckerman, West Covina
Fadila Khalil, 3919 N. Conlon Avenue, Covina
Jaime Munoz, 4044 N. Orange Avenue, Covina
Armando Romero, 1907 W. Palm Drive, West Covina
Mary Ellen Rodriguez, 1830 W. Palm Drive, West Covina
Conrado Magdalene, 14154 Chilcot, Baldwin Park
Michele Ruley, 248 N. Morris Avenue, West Covina
Heather Sills, 943 N. Orange Avenue, West Covina
Manny Gawan, 3902 N. Lang Avenue, West Covina
George Ogden, 1249 S. Valinda, West Covina
Mila Alba, Baldwin Park
Ricardo Gomez, 1925 W. Kenoak Drive, West Covina
City Clerk Berry stated that a letter was received from Willie
Smith, 1800 W. Badillo Street, West Covina. In it, Mr. Smith
opposed the expansion of the parole office and complained about
the homeless people hanging around the center.
City Manager Pasmant submitted a list of phone calls received by
his office of approximately forty individuals who expressed
opposition to the expansion of the parole office. No phone calls
received in favor.
Council Discussion Councilmember Herfert thanked the citizens for coming to the
meeting and expressing their views. He stated that initially his
intention was to stop the expansion of the parole office; but now,
based on their comments, he'd like to get the parole office out of
town. He would like to see the City Council:
a) Take a position of opposition to the expansion;
b) Form an ad hoc committee with other cities; and
c) Work to remove the parole office from the City.
Councilmember Sanderson appreciated the citizen participation as
well. She concurred with the poor condition of the neighborhood
commercial area surrounding parole office and liquor store. She
favored an ad hoc committee of neighboring communities to
relocate the parole office to some place more appropriate.
Councilmember Miller stated that he relies on several sources to
make his decisions and this evening's comments from the audience
and the Police Chief were very important. He concluded by
concurring that the expansion of the parole office would not be
good for the neighborhood. He was concerned that although there
has been a lot of opposition expressed against the expansion, the
City Council would have no authority with the state.
Mayor Wong agreed that the City had no authority to approve or
disapprove the state's intention to expand the parole office. He
noted that the parole office has been at the Badillo location for 15
years. Many of the residents stated that they didn't even know it
was there and now they are fearful, knowing there are parolees
coming into and out of the area. He encouraged the residents to
call the police if they see anything or anyone suspicious. Because
of the City's lack of authority over this issue, he noted that he
could not take a position of opposition to the expansion.
Actions Motion by Herfert and seconded by Sanderson to take a position
opposing the expansion of the parole office on Badillo and convey
by letter that opposition to the appropriate legislators. Motion
carried 3-1-1 with Wong voting no and Touhey abstaining.
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Motion by Herfert and seconded by Sanderson to send letters to
surrounding cities within ten miles to join in an ad hoc committee
to address an acceptable location for the parole office. Motion
carried 4-0-1 with Touhey abstaining.
Motion by Herfert and seconded by Sanderson to conduct a com-
munity meeting in the area to receive input from the residents on
all the issues involving the entire shopping center, particularly
what to do with it. Motion carried 4-0-1 with Touhey abstaining.
Recess Mayor Wong called a recess at 9:59 pm. The City Council recon-
vened at 10:21 pm with all members present. The following item
was moved forward for consideration at this time.
PUBLIC SAFETY - COMMUNICATIONS DEPARTMENT
AWARD OF BID 1101-B
REPLACEMENT OF THE CITY TELEPHONE SYSTEM
City Telephone System Communications Director Keating presented the staff report,
noting first that the recommendation remains the same and second,
that the contingency amount be reduced by $10,000. Based on
City Manager Pasmant's suggestion to hire a second consultant to
conduct a separate review of the RFP and the conclusions drawn
by staff and the first consultant. Mr. Timothy Peters, President and
CEO of Tech/Knowledge, Inc. conducted that review over the
weekend, produced the report, which has been submitted to the
City Council as Attachment 2 to the staff report. Mr. Keating
stated that Mr. Peters is in the audience to answer questions or
comments.
Dave Schuler Dave Schuler, Vice President of the Western Region for Mitel
Networks, the manufacturer of the equipment proposed by the
awardee, Standard Tel. He assured Council that the bid of
Standard Tel would be bonded by his company and spoke highly
of Standard Tel.
Gary Taylor Gary Taylor, Salesman for Mitel Networks' Pacific Region,
confirmed that the configuration proposed for West Covina would
work.
Nina Harper Nina Harper, Standard Tel, explained her experience in responding
to RFP's and specifically her work involved with West Covina.
She related that at the bidders' conference, the question was raised
regarding the City's desire for a Windows NT or Windows 2000
operating system. The addendum that followed the bidders'
conference clarified the City's requirement for either a Windows
NT or Windows 2000 operating system. She also noted that it is
customary in the business that if you believe you have a better
configuration for the contractor, you may submit an alternate bid,
however, in order to do so, one must submit a completed bid based
on the RFP's requirements.
Sam Standridge Sam Standridge, owner and founder of Standard Tel, mentioned
several other major accounts of his company. He noted that it is a
lot of work to respond to RFP's and his company responded to five
at the same time they worked on West Covina's RFP.
Mark Hertel Mark Hertel, Business Tel, admitted that Mr. Keating was correct
in that his company missed a few items in their RFP response. He
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noted that in the business one couldn't start work on the RFP until
the bidders' meeting. He hoped Council would give him some
leeway in that it took his company 5 to 7 days, 70 pages, using a
manual typewriter. He complained about the process used because
for $2000 he lost the bid. He said he was fighting this whole
project bidding process because he believed his company has the
better product and explained why.
John Chaffee John Chaffee, Business Tel, discussed various operating systems
and noted that the reason West Covina required Windows NT or
Windows 2000 is because that's where the whole world is going.
He agreed with the previous speaker in that West Covina's design
has some flaws. He said too that his company probably over -
engineered the proposal a bit.
Santi Oloriz Santi Oloriz of Ex c nets discussed his operating system.
Staff Response Communications Director Keating clarified a misstatement of one
of the speakers — this project does not affect 911 System in any
way. The City's 911 System is not a part of this project. The City
required Windows NT or Windows 2000 based on the recommen-
dation of the City's 1S system manager and the Police Department
Service Group computer systems manager. He also explained that
the review process started with Business Tel. When it became
apparent that their RFP response was unresponsive, they reviewed
the next lowest bidder: Standard Tel. Because Standard Tel met
all the requirements, the review process concluded at that point.
Timothy Peters Timothy Peters, President & CEO of Tech/Knowledge, Inc., was
the second consultant who was hired to review the RFP, the
responses and present a report on his findings. In summary, he
stated that the REP and design was appropriate for the sizes and
configuration of West Covina, agreed with the staff recommenda-
tions, and explained a few other inconsistencies in Business Tel's
bid which further disqualified it from the process.
Council Discussion Mayor Pro Tern Touhey, Councilmembers Herfert and Sanderson
were uncomfortable with the time frame in which the RFP
responses were to be submitted and the review process.
Mayor Wong and Councilmember Miller expressed satisfaction
with the RFP process and staffs analysis.
Action Motion by Miller and seconded by Wong to take the following
actions:
a) Approve the award of Bid No. 1101-B for the replacement
of the City telephone system to Standard Tel Business
Communications 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 115-320-3278-7160 to pay for
the balance of the project.
Motion failed 2-3 with Herfert, Sanderson, and Touhey voting no.
PUBLIC WORKS
Motion by Herfert and seconded by Touhey to rebid the telephone
system replacement, no changes to the RFP. Motion carried 3-2
with Miller and Wong voting no.
No reports scheduled for this meeting.
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PLANNING DEPARTMENT IKEA FURNITURE STORE PROJECT IN COVINA —
DRAFT MITIGATED NEGATIVE DECLARATION
IKEA — City of Covina Planning Director McIsaac elaborated on the staff report. In
response to Mayor Pro Tern Touhey, Mr. McIsaac responded that
comments would also be included regarding traffic impacts from
CalTrans' future creation of an HOV (high occupancy vehicle)
• lane on the freeway.
Motion by Herfert and seconded by Sanderson to authorize
the submittal of comments to the City of Covina regarding the
Draft Mitigated Negative Declaration of Environmental Impact for
the proposed IDEA furniture store project. Motion carried 5-0.
ADMINISTRATIVE SERVICES No reports for this meeting.
REDEVELOPMENT AGENCY Since there were only minutes on the RDA Agenda, Mayor Wong
did not call to order the Redevelopment Agency.
COMMUNITY SERVICES No reports for this meeting.
ENVIRONMENTAL MANAGEMENT No reports for this meeting.
CITY MANAGER'S OFFICE EXTENSION OF ACTING PERSONNEL DIRECTOR
CONTRACT
Council reviewed the staff report.
Motion by Touhey and seconded by Sanderson to approve
and authorize the City Manager to execute an extension to the
contract with Mr. Francis to serve as the Acting Personnel
Director, at a cost not to exceed $45,000.00 from January 23, 2002
to June 30, 2002 or until such time that a new Personnel Director is
hired. Motion carried 5-0.
MAYOR'S REPORTS APPOINTMENT TO HURST RANCH HISTORICAL
FOUNDATION
Mayor Wong elaborated on the staff report.
Motion by Herfert and seconded by Touhey to designate
Councilmember Miller to replace Mayor Wong on the Hurst Ranch
Historical Foundation Board of Directors, serving with Council -
member Herfert. Motion carried 5-0.
COUNCILMEMBERS' REPORTS
Councilmember Herfert —
LarQe-Family Day Care
Councilmember Herfert requested a memo on any recent
legislation affecting large -family day care centers.
. Councilmember Herfert —
City Police Regarding Utility Street Cuts
On Recently Improved City Streets
Councilmember Herfert requested staff to prepare a staff report
wherein City streets won't be cut into for utility lines, etc., for a
specified period of time after they have been paved over. The
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report to include a notification process to affected neighbors of
impending paving, etc.
Councilmember Miller reported that a meeting has been scheduled
for February 13°i at 1:30 pm in the MTA building downtown to
discuss the National I-10 Freight Corridor Study. The National I-
10 Freight Corridor Study from here, across the country, to Florida
will be discussed by Caltrans at this meeting.
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting
at 11:36 pm. Motion carried 5-0.
, Attest
I-
City_Clerk Janet Bert
C,
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