07-19-2011 - Regular Meeting - MinutesMINUTES
REGULAR JOINT MEETING OF THE
WEST COVINA CITY COUNCIL
WEST COVINA COMMUNITY DEVELOPMENT COMMISSION
July 19, 2011
Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and
Community Development Commission at 7:10 p.m. in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant
City Manager
PLEDGE OF ALLEGIANCE Councilmember Lane
ROLL CALL Mayor/Chairman Herfert, Mayor Pro Tem/Vice Chair Touhey
Councilmembers/Commissioners Armbrust, Lane, Sanderson
CHANGES TO THE AGENDA None
PRESENTATIONS Public Works Director Shannon Yauchzee presented Senior Code
Enforcement Officer Dan Smith with a Resolution of Recognition for
his service to the Community.
ANNOUNCEMENTS Community Services Director Michele McNeill reported on CDBG
eligible funding for projects presented to Council on June 21,
2011, specifically for Del Norte Park and Palm View Park and
stated that, per Council's direction, staff is coordinating
community meetings, to meet with residents and staff has
tentatively scheduled meetings on August 10 and August 17 at
these locations. She encouraged residents to participate and said
more information and details would follow.
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney Matt Gorman reported the following:
Prior to convening into closed session, all items on the City
Council/Community Development Commission agenda were
announced for inclusion in the closed session discussion. All
members were present.
Items on the agenda:
Conference with Labor Negotiators — Employee
Organizations: W.C. Police Officers' Association, W.C. Police
Management Association, W.C. Firefighters Association, I.A.F.F.,
Local 3226, W. C. Firefighters Management Association,
Confidential Employees, Maintenance & Craft Employees, Non -
Sworn Safety Support Employees, General Employees, Mid -
Management Employees; Miscellaneous Unrepresented
Management Employees: Assistant City Clerk, Assistant City
Manager, Community Development Dir., Community Services
Dir., Deputy City Manager, Finance Director, Fire Chief, Dir.
Human Resources, Planning Director, Police Chief, Public Works
Dir/City Engineer, Dir. Risk Management — City Council and staff
conducted a discussion of the matter with no final action and
nothing further to report and stated Council may reopen discussion
on this matter later on.
City Council/CDC Minutes July 19, 2011
Conference with Legal Counsel — Existing Litigation —
Irma Herrera v. CWC — Council received a report from staff with
no final action taken and nothing further to report.
Conference with Legal Counsel — Existing Litigation —
Ricky Monteihl v. CWC — After receiving staff s report, Council
directed settlement of this case on following terms: City's payment
of $65,000 as settlement; in addition, a settlement agreement
including a non -admission clause and, such settlement constitutes
full settlement of all claims at issue. Council vote to approve
carried by 4 —1 (Sanderson - No).
Conference with Legal Counsel- Anticipated Litigation — One
case — A briefing was provided by staff with no final action taken
and nothing further to report.
Conference with Legal Counsel — Anticipated Litigation —
One case — Direction was given to staff. No final action was taken
and nothing further to report.
Conference with Real Property Negotiators — Property
Assessor Parcel Number 8735-001-934, 933 — All members of the
Council were present with the exception of Touhey and Sanderson.
A report was provided by staff; Council present provided direction to
staff with no final action taken and nothing further to report.
Conference with Real Property Negotiators — Property:
Assessor Parcel Number 8474-007-929 — All members of the
Council were present with the exception of Councilmember
Sanderson. A report was provided by staff with no final action taken
and nothing further to report.
Conference with Real Property Negotiators — Agency
Negotiators: Pasmant, Alvarez-Glasman, Chung, Lee - All members
of the Council were present with the exception of Councilmember
Sanderson. A report was provided by staff with no final action taken
and nothing further to report.
Deputy City Attorney Gorman announced that the City
Council/Community Development Commission recessed the
Closed Session meeting at 7:05 p.m.
ORAL COMMUNICATIONS
Forrest Wilkens Forrest Wilkens, West Covina resident, thanked the Fire Department
for their participation on May 21 Sc at their Church Emergency
Preparedness event.
Juan Reinoso Juan Reinoso, representing Urban Graffiti, address the bids
submitted for the graffiti renewal project and expressed concerns
with the process.
Mark Smith Mark Smith, Glendora resident, addressed the proposed speed
reduction ordinance and the criteria for the reduction.
Lloyd Johnson Lloyd Johnson, West Covina resident, spoke in support of Tymeline
Technology for award of bid of the Graffiti contract.
Kosette Vargas Kosette Vargas, representing the non -Sworn Public Safety
Association, addressed the benefits and salaries for all employee
groups, including those of City Council and department heads.
Mona Clarke Mona Clarke, representing Non -Sworn Public Safety employees,
addressed miscommunication in negotiations, different medical
benefits and other benefits to select employee groups and requested
the "me too" clause be included in the agreement.
PA
City Council/CDC Minutes July 19, 2011
Sylvia Luna Sylvia Luna, representing Non -Sworn Public Safety employees,
addressed retirement and medical benefits for various employee
groups.
Liz Romero Liz Romero, representing Non -Sworn Public Safety employees,
spoke on retirement benefits for different employee groups and the
"me too" clause.
Jan Poirier Jan Poirier, representing Non -Sworn Public Safety employees,
addressed the efforts by their group to negotiate comp time hours and
a "me too" clause.
Fred Sykes Fred Sykes, West Covina resident, addressed graffiti issues within
the City and borders of La Puente and Valinda areas and also the
quality of graffiti removal.
Mayor Pro Tem Touhey stated that one location of Mr.
Sykes' concern is located in the Los Angeles County's jurisdiction.
Vickie Scheliga Vickie Scheliga, West Covina resident, announced "National Night
Out" event and invited the Council and Community to attend and
participate in the event on August 2.
George Ogden George Ogden, West Covina resident, addressed the redistricting of
supervisor boundaries and the probability of a change to the
supervisor representing West Covina.
ITEMS REMOVED FROM Mayor Herfert requested a staff report on Item #7, Graffiti Removal
CONSENT CALENDAR Service Contract be brought forward for separate discussion.
7) Police Department
Graffiti Contract Graffiti Removal Service Contract
Sergeant Allen gave a brief review of the City's contract informing
Council that the current contract expired on 12/31 /2009. He then
outlined the pertinent elements of each of the three bids received,
including licensing, pricing, quality of work, type of business,
references and qualifications. After reviewing these points, Sergeant
Allen stated staff expressed concerns with the bid of Tymeline
Technology, the low bidder and stated it was staffs recommendation
to award a three year contract to Superior Property Services, Inc.
Alternatively, if the Council wished to pursue the lowest bid of.
Tymeline, the police department would request a six month review
of the work.
Council discussion Mayor Herfert asked that staff respond to questions raised regarding
the bid process and read a letter received by the City from Urban
Graffiti regarding the process.
Sergeant Allen replied that Superior Property Services
submitted their bid timely but dropped it off at the front desk in the
Police Department rather than the Finance Department as directed.
However, he stated that due to miscommunication and as a matter of
fairness the City would be willing to accept the bid.
Mayor Pro Tem Touhey expressed his concerns with the bid
process and the staff report and expressed his support of Tymeline
Technology and stated that lack of previous experience does not
warrant not receiving the bid.
Councilmember Armbrust expressed support for Tymeline
Technology with a six month review in order to save the City $6,000.
Councilmember Lane expressed support for the lowest
responsible bidder, Tymeline Technology.
Mayor Herfert expressed his desire to have the Police
Department continue to oversee the Graffiti program due to their
success in cleaning up the Graffiti, bringing the responsible
3
City Council/CDC Minutes July 19, 2011
individuals to justice, and recovering damages to the City. He
indicated he believed all the bidders were capable, but expressed his
belief that whatever company is awarded the contract, he would like
the Police Department to continue to oversee the program.
Motion Motion by Touhey and seconded by Lane to award the contract to
Tymeline Technology as follows: $8.90 per site, not to exceed
$8,890 per month; for private property - $13.00 per site, not to
exceed $945.00 per month. The bid amount is not to exceed a total
cost of $9,835 per month ($118,020 per year); and, a six month
review of performance and report to City Council.
Motion carried by 5 — 0.
Mayor Herfert requested Item #2, Amending Section 22-131 of the
West Covina Municipal Code Related to Increases of State Law
Maximum Speeds (Merced Avenue)
Ordinance for Adoption
Amending Section 22-131 of the West Covina Municipal Code
2) Related to Increases of State Law Maximum Speeds (Merced Ave.)
Speed Limit — Merced Avenue Public Works Director Shannon Yauchzee responded to a question
regarding speed reduction on city streets and stated that the proposed
speed reduction item on the agenda meets the state requirement for
width and length and number of homes along the street and can be
classified without a traffic study as a residential street and given a 25
miles per hour speed limit. Motion and vote included with consent
calendar vote.
CONSENT CALENDAR
Approval of Meeting Minutes (receive & file)
1) Special Joint Council/CDC Meeting Minutes of June 21, 2011
Minutes Regular Joint Council/CDC Meeting Minutes of June 21, 2011
Special City Council Meeting Minutes of June 28, 2011
Ordinance for Adoption
Amending Section 22-131 of the West Covina Municipal Code
2) Related to Increases of State Law Maximum Speeds (Merced
Speed Limit on Merced Avenue Avenue)
Ordinance No. 2218 ORDINANCE NO. 2218 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 227131 OF THE WEST COVINA
MUNICIPAL CODE RELATED TO INCREASES OF STATE
LAW MAXIMUM SPEEDS (MERCED AVENUE)
Award of Bid
Award of Bid for Azusa Avenue Street Rehabilitation Work
3) Project No. SP-10102 Phase II — Vine Avenue to Manilla Way_
Azusa Avenue Street Rehab Recommendation that the City Council award the contract to All
American Asphalt Inc., in the amount of $1,034,034.00 and
authorize the Public Works Director/City Engineer and City Clerk
to execute the contract for residential street rehabilitation work.
City Clerk's Office — Miscellaneous
4) Mid -Year Destruction of Documents as Prescribed by Law
Destruction of Documents Recommendation is that the City Council adopt the following
resolution authorizing the destruction of specific records:
Resolution No. 2011-46 RESOLUTION NO. 2011-46 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN
DOCUMENTS AS PRESCRIBED BY LAW
M
City Council/CDC Minutes July 19, 2011
City Manager's Office — Miscellaneous
5) Cancellation of City Council Meetings i�gust 2011
Cancellation of Council Meetings Recommendation is that the City Council cancel the August 2,
2011, and August 16, 2011, City Council meetings due to National
Night Out and lack business.
Planning Department — Miscellaneous
6) Fiscal Year 2011/2012 Proposed Art in Public Places Annual
Art in Public Places Program Work Program
Recommendation is that the Public Arts Commission and staff
recommend that the City Council approve an Annual Work
Program to expend art in public places funds for art projects.
This item was discussed and voted on earlier.
Police Department — Miscellaneous
7) Graffiti Removal Service Contract
Graffiti Removal Contract Recommendation is that the City Council accept the bid of
Superior Property Services, Inc.,. of Pico Rivera, for
comprehensive graffiti abatement services, for a 3-year contract,
for an amount not to exceed $10,390 per month ($123,680 per
year), as submitted.
8) 2011 BJA Justice Assistance Grant
BJA Justice Assistance Grant Recommendation is that the City council approve the 2010 BJA
Justice Assistance Grant and authorize the appropriation of an
estimated $33,423 for future grant purchases, as follows:
• $11,500 into 130.31.3110.5113 for supplemental overtime for
enforcement
• $13,423 into 130.31.3110.6220 for law enforcement supplies
• $8,500 into 130.31.3110.6215 for police computer supplies
9) Private Grant (Kaiser Permanente) for Police Explorers
Kaiser Private Grant Recommendation is that the City Council accept the new Kaiser
Permanente grant and appropriate $2,500 into 221.31.3111.6270.
Public Works — Miscellaneous
Purchase of Ten Big Belly Solar Trash Compactors
10) (Project No. TP-12503)
Big Belly Solar Trash Bins Recommendation is that the City Council authorize the sole source
purchase of ten "Big Belly" solar Trash Compactors from Waxie
Sanitary Supply in an amount not to exceed $45,818.38.
This item was removed from the consent calendar and discussed
and acted on following Departmental Matters
11) Finance Department — Miscellaneous
Award of Bid for Underwriter Award of Bid for Underwriter
Recommendation is that the Community Development
Commission (CDC) award the bid for underwriter services to
Stone and Youngberg.
Human Resources — Miscellaneous
12) Urgency Ordinance Authorizing an Amendment to the Contract
PERS Urgency Ordinance with the California Public Employees' Retirement System
Recommendation is that the City Council adopt the following
Urgency Ordinance:
Ordinance No. 2217 ORDINANCE NO. 2217 — AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY
OF WEST COVINA AND THE BOARD OF
5
City Council/CDC Minutes July 19, 2011
ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
CONSENT CALENDAR ACTION Motion by Touhey and seconded by Lane to approve all items
listed on the Consent Calendar as presented except Item No. 11
Award of Bid for Underwriter — pulled for separate consideration,
and Item No. 7 Graffiti Removal Service Contract — this was
discussed and voted on earlier.
Motion carried by 5 — 0 except Items No. 11 and 7.
City Manager's Office
Designation of Voting Delegate for League of California Cities
13) Annual Conference
League Voting Delegate No action was taken on this item as no Councilmembers are
planning on attending this conference.
Human Resources Department
Meet and Confer Impasse
14) West Covina General Employees Association
General/Non-Sworn Impasse West Covina Non -Sworn Safety Support Employees Association
Mayor Herfert introduced the subject matter and stated that a staff
report will be presented and at the conclusion of the report the
labor representative from the non -sworn safety support and general
employee associations will be able to present any additional
pertinent information for the Council's consideration. Staff will
also be able to respond if any further information is presented.
Assistant City Manager Thomas Bachman presented the staff
report. The report addressed the city's concern with rising costs
over the next three years mostly due to employee pensions.
Revenues will not be able to keep up with the rising costs and will
lead us to continued budget deficits. The growing deficits will
result in lower staffing levels and reduced services. In order to
mitigate the impact on services, negotiations were focused on ways
to offset the rising costs. One goal of the negotiations was to have
the miscellaneous groups pay the 8% employee pension
contribution. The report further outlined the areas of agreement
between the groups and the city and the areas of impasse.
Following the City's declaration of impasse, the groups requested
mediation.
City Manager Pasmant responded to questions and concerns
brought forth during oral communications.
Mayor Herfert requested Non -Sworn Safety and General
Employees associations' representative Bonnie Clarke to step
forward to address the two groups' Meet and Confer Impasse and
requested the City Council elevate the process to mediation.
Presentation by Bonnie Clarke Ms. Clarke addressed the efforts by the Non -Sworn Safety Support
Employees and General Employees Associations to negotiate
contract terms with the City that resulted in an impasse and
requested that the City Council elevate the process to mediation.
Following comments by the Councilmembers, Mayor Herfert then
proceeded to ask the Council if they wished to consider a separate
vote for each employee association (Non -Sworn and General
Employees) or to vote as a group. They decided to consider them
as a group and the Mayor then read the following options available
to the City Council:
roil
City Council/CDC Minutes July 19, 2011
1. Impose the City's last, best and final offer as recommended by
City staff.
2. Agree with the Association's last offer.
3. Refer the matter back to the City Manager for mediation.
4. Grant the City's bargaining team additional authority and go
back to the bargaining table.
5. Do nothing and allow the status quo to continue.
Motion Motion by Herfert and seconded by Touhey to approve the City's
Last, Best and Final offer to General Employees Association and
Non -Sworn Safety Support Employees Association and adopt the
following resolutions.
Resolution No. 2011-47 RESOLUTION NO. 2011-47 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
IMPOSING CHANGES TO THE TERMS AND CONDITIONS
OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2011
THROUGH JUNE 30, 2012, ON EMPLOYEES REPRESENTED
BY THE NON -SWORN SAFETY SUPPORT EMPLOYEES'
ASSOCIATION
Resolution No. 2011-48 RESOLUTION NO. 2011-48 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
IMPOSING CHANGES TO THE TERMS AND CONDITIONS
OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2011
THROUGH JUNE 30, 2012, ON EMPLOYEES REPRESENTED
BY THE GENERAL EMPLOYEES' ASSOCIATION
Motion carried by 5 — 0.
The following item was removed from the consent calendar for
separate discussion and action.
Finance Department - Miscellaneous
Item 11 Award of Bid for Underwriter
Award of Underwriter Assistant City Manager Thomas Bachman presented the staff
report. When the Redevelopment Agency Project Area (BKK
landfill area) was formed, the CDC entered into a tax sharing
agreement with the County of Los Angeles with the County
deferring 50% of their amount over the first 20 years of the project.
This deferral would take the form of a loan and, at the end of the
20 year period, would need to be repaid to the County. This matter
is related to the selection of an underwriter for the issuance of
bonds to repay the County.
Following the RFP process and the evaluation of the bids,
the City's financial advisor (Urban Futures), recommended the
firm of Stone & Youngberg.
Mayor Pro Tern Touhey suggested awarding the bid instead to
Cabrera Capital and to renegotiate their fees to the lower bid
amount submitted by Wedbush Securities.
Motion Motion by Touhey and seconded by Lane to award the bid to
Cabrera Capital and to renegotiate the bid amount.
Motion carried by 5 — 0.
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS
Mayor Herfert announced recent Grand Openings he attended in
the City.
7
City Council/CDC Minutes July 19, 2011
ADJOURNMENT Mayor Herfert made a motion to adjourn the Special and Regular
meeting at 9:03 p.m. in memory of the following West Covina
residents and seconded by Lane.
• Retired West Covina Police Officer Steve Cook
• Retired West Covina Firefighter Ray Moody
• Ramalda Torres, Community Services Commissioner Betty
Valles' sister
• Julie Marquez, lifelong resident.
Motion carried by 5 — 0.
Submitted by:
Assistant _C ty Clerk Susan Rush
8