03-06-2012 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
March 6, 2012
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:01 p.m. in the
City Ha11 Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Brady Rice
Faith Community Church
PLEDGE OF ALLEGIANCE Councilmember Sanderson
ROLL CALL Mayor Touhey, Councilmembers Herfert, Sanderson, Sykes
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
Prior to convening into closed session, all items on the City
Council agenda were announced for inclusion in the closed session
discussion.
Items on the agenda:
Conference with Labor Negotiators — Employee
Organizations: Confidential Employees, Maintenance & Craft
Employees, Non -Sworn Safety. Support Employees, General
Employees, Mid -Management Employees, W.C. Police
Management Association, W. C. Police Officers Association, W. C.
Firefighters' Management Association, W.C. Firefighters'
Association, LA.F.F., Local 3226, Miscellaneous, Unrepresented
Management Employees: Assistant City Clerk, ii 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 - The matter was
discussed with City Council with no action taken,',I the matter was
not concluded and was scheduled to continue after, the completion
of the open portion of the meeting.
CHANGES TO THE AGENDA City Manager Pasmant announced that Council was being provided
an addendum to Item #10 — Restructuring of, City Advisory
Commissions, to clarify language in the ordinance on size of
commissions that was not included in the staff report.
PRESENTATIONS Mayor Touhey called forward Darlene Ferris, Water Conservation
Manager for Suburban Water Systems who presented the City of
West Covina with a $5,000 check to be used for the construction of a
splashpad at Del Norte Park.
ORAL COMMUNICATIONS
Joe Conrad Joe Conrad, soccer coach, spoke in support of California Hockey
League at Orangewood Park and the benefits to the Community.
Greg Tuttle Greg Tuttle expressed his displeasure in the sellingl', of Civic Center
property and opined that the City Council should rethink their
decision.
Forrest Wilkens Forrest Wilkens, West Covina resident, addressed a political hit piece
from the November Election and the use of a gun in the piece;
addressed the evergreen contract with Athensl, Services; and
City Council/CDC Minutes March 6, 2012
campaign contributions to councilmembers during the past two
election cycles.
Carolyn Arndt Carolyn Arndt, West Covina resident, addressed an injunction filed
against the development project adjacent to the West Covina Library.
Elsie Messman Elsie Messman, West Covina resident, addressed several projects and
topics in which residents were opposed stating that the Council does
not listen; and addressed several budgetary issues.
Irene Fleck Irene Fleck, West Covina resident, announced upcoming Library
events and the success of the event celebrating Dr. Suess's birthday.
Herb Redholtz Herb Redholtz, West Covina resident, addressed his concerns with
adjustments being made to the commissions as listed in the agenda
specifically adjustments to the Planning Commission:
John Shewmaker John Shewmaker, West Covina resident, addressed reasons as to why
residents are supporting a change to the City Council.
Lloyd Johnson Lloyd Johnson, West Covina resident, made a public apology to
former Councilmember Sherri Lane for comments he made in the
local newspaper and his choice of words; thanked West Covina
resident Don Carman for his kind words about him to the
newspapers; expressed his satisfaction at how Councilmember Sykes
is doing his job as a new councilmember; responded to Mayor
Touhey's comments to him at a previous meeting clarifying his
words; addressed appointments to the Planning Commission and the
vacant Council seat and stated trust must be instilled back into the
residents.
Tom O'Donnell Tom O'Donnell, West Covina resident, spoke in support of the Fire
and Police Departments and addressed Athens Services business
practices.
Bryan Garland Bryan Garland, representing California Street Hockey Association,
thanked the City Council and staff for all their support over the years.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed his support of the
City retaining their own police and fire departments; stated the City
should evaluate a study to determine any cost savings measures.
Councilmember Sykes addressed Mr. Leinbach's comments and
stated his vote at the previous meeting was to support studying the
feasibility of county fire services.
Councilmember Sanderson addressed a speaker's comments on
campaign donations she received and the generous donations Athens
Services also makes to non-profit organizations and addressed
several speakers' comments.
Councilmember ' Herfert addressed the Council's record of
achievements in response to residents' requests.
Mayor Touhey addressed comments by speakers regarding campaign
donations and Council's efforts to respond to the needs and requests
of residents.
City Manager Pasmant expressed his concern with misconceptions
brought forward regarding the City's debt and explained how
revenues are being generated through some projects; gave the current
estimate of City's reserves; and stated the City is subsidizing senior
0a
City Council/CDC Minutes March 6, 2012 .
housing to assist the City's senior residents. He also informed
everyone about the Financial Report available for review.
CONSENT CALENDAR Councilmember Herfert pulled Item #9 — Extension of the
California Street Hockey Association Contract through 2032;
Mayor Touhey, with Councilmember Sykes concurring, pulled Item
# 10 — Restructuring of City Advisory Commissions. Mayor Touhey
requested Item #6 — Traffic Committee Meeting Minutes of
February 21, 2012 Item L City Initiated — That the posted speed
limit on Vine Avenue from Glendora Avenue to Citrus Street be
reviewed - be held over to the following meeting.
Motion by Touhey and seconded by Herfert to hold over Item
#6 to the next meeting. Motion carried by 4 — 0.
1) Approval of Meeting Minutes (receive & file)
Minutes Special City Council Meeting of January 31, 2012
Commission Summary of Actions (receive & file)
2) Planning Commission Planning Commission — February 28, 2012
3) Government Tort Claim Denials (deny & notify claimant)
Claims Against the City - Summer Place Condominium Homeowners Association vs. City
of West Covina
- Daniel Hernandez vs. City of West Covina
Award of Bid
Award of Bid for Major/Collector Street Rehabilitation Work —
4) Various Locations Citywide (Project No. SP-11106 & SP-12106)
Major/Collector Street Improvements Recommendation is that the City Council take the following actions:
1. Transfer $520,000.00 from Project No. SP-10102 (Account No.
122.81.8023.7200) to Project No. SP-12106 (Account No.
122.81.8214.7200).
2. Award the contract to Gentry Brothers, Inc., in the amount of
$1,878,170.00 and authorize the Public Works Director/City
Engineer and City Clerk to execute the contract for residential
street rehabilitation work.
Award of Bid for Playground Improvements at Palmview Park —
5) Phase II (Project No. PP- 10211B)
Palmview Park Improvements Recommendation is that the City Council take the following actions:
1. Authorize the expansion and upgrade of an existing playground
"Tot Lot" at Palmview Park, per Recwest Outdoor Products, Inc.
design, dated June 2, 2011.
2. Authorize the Public Works Director/City Engineer to purchase
new playground equipment, using a State Procurement
Agreement in an amount not to exceed $171,000.
3. Accept the bid of Fleming Environmental in' the amount of
$152,539 as submitted at the bid opening on February 16, 2012,
and authorize the Public Works Director/City Engineer and City
Clerk to execute the contract to build the designed improvements
at Palmview Park.
Traffic Committee Meeting Minute (accept & file)
6) Meeting Minutes of Febru
M 21 2012 (accept & file)
Traffic Committee Recommendation is that the City Council take the following actions:
1. Receive and file the minutes of the Traffic Committee meeting
held on February 21, 2012.
The following Item I. is being held over to the next meeting.
L City Initiated
3
City Council/CDC Minutes March 6, 2012
That the posted speed limit on Vine Avenue from Glendora
Avenue to Citrus Street be reviewed.
Staff Recommendation:
That an ordinance be introduced amending Sections 22-131 and
22-132 of the West Covina Municipal Code relating to the
reduction of the posted speed limit on Vine Avenue from
Glendora Avenue to Citrus Street from 35 and 40 miles -per -hour
to 25 miles -per -hour.
II. City Initiated
Install an exclusive right -turn lane on southbound Azusa Avenue
at Puente Avenue.
Staff Recommendation:
That an exclusive right -turn only lane be installed on southbound
Azusa Avenue at Puente Avenue and install the necessary red
curbs adjacent to the proposed right -turn only lane.
2. Introduce the following ordinance to reduce the posted speed
limits on Vine Avenue from Glendora Avenue to Citrus Street
from 35 and 40 miles -per -hour to 25 miles -per -hour.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTION
22-131 OF THE WEST COVINA MUNICIPAL CODE
RELATING TO INCREASES OF STATE LAW MAXIMUM
SPEEDS (VINE AVENUE).
Public Works
Renewal of the Citywide Lighting and Maintenance District and
Landscape Maintenance Districts Nos. 4, 6, and 7 — Ordering of
7) Engineer's Reports
Citywide Lighting & Mtc Districts Recommendation is that the City Council adopt the following
resolutions:
Resolution No. 2012-14 1. RESOLUTION NO. 2012-14 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ORDERING THE CITY ENGINEER TO
PREPARE AND FILE A REPORT IN ACCORDANCE WITH
PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2,
"LANDSCAPING AND LIGHTING ACT OF 1972," BEING
DIVISION 15, STREETS AND HIGHWAYS CODE OF THE
STATE OF CALIFORNIA, ORDERING CERTAIN
LANDSCAPING AND LIGHTING MAINTENANCE IN THE
CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL
YEAR COMMENCING JULY 1, 2012 — WEST COVINA
LIGHTING AND MAINTENANCE DISTRICT (2012-2013)
Resolution No. 2012-15 2. RESOLUTION NO. 2012-15 — A RESOLUTION OF TE CITY
COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, INITIATING PROCEEDINGS FOR THE
CONFIRMATION OF THE WEST COVINA LANDSCAPE
MAINTENANCE DISTRICT NO. 4 LEVY AND
COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT
PURSUANT TO PROPOSITION 218 AND THE
LANDSCAPING AND LIGHTING ACT OF 1972 FOR
FISCAL YEAR 2012-2013 — WEST COVINA LANDSCAPE
MAINTENANCE DISTRICT NO.4 (2012-2013)
Resolution No. 2012-16 3. RESOLUTION NO. 2012-16 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
4
City Council/CDC Minutes March 6, 2012
CALIFORNIA, INITIATING PROCEEDINGS FOR THE
CONFIRMATION OF THE WEST COVINA LANDSCAPE
MAINTENANCE DISTRICT NO. 6 LEVY AND
COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT
PURSUANT TO PROPOSITION 218 AND THE
LANDSCAPING AND LIGHTING ACT OF 1972 FOR
FISCAL YEAR 2012-2013 — WEST COVINA LANDSCAPE
MAINTENANCE DISTRICT NO.6 (2012-2013)
Resolution No. 2012-17 4. RESOLUTION NO. 201247 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, INITIATING -PROCEEDINGS FOR THE
CONFIRMATION OF THE WEST COVINA LANDSCAPE
MAINTENANCE DISTRICT NO. 7 LEVY AND
COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT
PURSUANT TO PROPOSITION 218 AND THE
LANDSCAPING AND LIGHTING ACT OF 1972 FOR
FISCAL YEAR 2012-2013 — WEST COVINA LANDSCAPE
MAINTENANCE DISTRICT NO. 7 (2012-2013)
8) Surplus Equipment
Surplus Equipment Recommendation is that the City Council authorize the sale of the
surplus vehicles and equipment listed in the report by public auction
company, US Auctions, in accordance with Section 2-316 of the
West Covina Municipal Code.
This item pulled from Consent Calendar for separate consideration.
Community Services Department
Extension of the California Street Hockey Association Contract
9) throuj4h 2012
CA Street Hockey Contract Recommendation is that the City Council authorize the City Attorney
to prepare, and the City Manager to execute, an 8-year extension to
the California Street Hockey Association Agreement with the terms
given within the staff report.
This item pulled from Consent Calendar for separate consideration.
Councilmember Reports
10) Restructure of City Advisory Commissions
Restructure of Commissions Recommendation is that the City Council take the following actions:
1. Introduce the following ordinance to restructure the City of West
Covina's Advisory Commissions:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING ARTICLE III OF
CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE
REGARDING THE CITY'S ART IN PUBLIC PLACES
PROGRAM
2. Adopt the following resolution amending the stipends of City
Commissioners: '
Resolution No. 2012-18 RESOLUTION NO. 2012-18 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 2004-94, RELATING TO
STIPENDS OF NON -ELECTED CITY COMMISSIONERS
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sanderson to approve all items
listed on the Consent Calendar as presented except Item #6 Traffic
Committee Meeting Minutes of February 21, 2012 Item L City
Initiated — That the posted speed limit on mine Avenue from
Glendora Avenue to Citrus Street be reviewed; Item # 9 Extension
City Council/CDC Minutes March 6, 2012
of the California Street Hockey Association Contract through
2032; and Item # 10 Restructuring of City Advisory Commissions.
Motion carried by 4 — 0.
Item #6 Traffic Committee Meeting Minutes of February 21, 2012 — Item L
City Initiated — That the posted speed limit on Vine Avenue from
Glendora Avenue to Citrus Street be reviewed
Held over to the next meeting.
Item #9 Extension of the California Street Hockey Association Contract
through 2032
Motion by Herfert and seconded by Touhey to approve the item with
an amendment to use funds more efficiently by making
improvements and replacement of items as needed only.
Councilmember Herfert concurred with the amendment.
Motion carried by 4 — 0.
City Council recessed the meeting at 8:03 p.m.
City Council reconvened the meeting at 8:15 p.m. with all members present.
Mayor Touhey stated, for clarification, that his request to hold over
the Traffic Committee Meeting Minutes are for Item I only, and the
approval of the consent calendar included the approval of the Traffic
Committee Minutes Item II.
Item #10 Restructuring of City Advisory Commissions
Councilmember Sykes suggested reviewing the proposed
combination of the Planning and Public Arts Commissions
requesting to leave the Planning Commission to remain as is, stating
the Planning Commission is doing a good job and already trained.
Motion Motion by Herfert and seconded by Touhey to approve as
recommended with an amendment to the stipend resolution to
include the reduction of the Planning Commission by 50%
Action
Mayor Pro Tern Sanderson requested clarification on the
commissioners' terms of office and Deputy City Manager Chris
Freeland provided the information. Sanderson stated she would still
support temporarily suspending the commissions to reduce costs,
[except for the Planning Commission], but stated her support for the
recommendation.
Motion carried by 4 — 0 as follows:
1. Introduction of the following ordinance to restructure the City of
West Covina's Advisory Commissions:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE
III OF CHAPTER 2 OF THE WEST COVINA MUNICIPAL
CODE REGARDING ADVISORY COMMISSIONS &
ARTICLE II OF CHAPTER 17 REGARDING THE CITY' S
ART IN PUBLIC PLACES PROGRAM
2. Adoption of the following resolution amending the stipends of
City Commissioners to also include a change to reduce
commission stipends by 50% including the Planning
Commission:
Resolution No. 2012-18 RESOLUTION NO. 2012-18 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
Con
City Council/CDC Minutes March 6, 2012
CALIFORNIA, AMENDING RESOLUTION NO. 2004-94,
RELATING TO STIPENDS OF NON -ELECTED CITY
COMMISSIONERS
PUBLIC HEARINGS
Authorization to Draft the FY 2012-2013 Community Development
11) Block Grant (CDBG Action Plan
CDBG Action Plan FY 2013 Mayor Touhey announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given. Mayor
Touhey then.proceeded to open the hearing and Community Services
Management Analyst Kelly MacDonald gave a brief report stating
that staff is seeking Council's authorization to develop a draft FY
2012-2013 CDBG Action Plan..
Open testimony Mayor Touhey proceeded to open the public portion of the hearing
and called for public comment.
Close testimony There being no one wishing to address Council, Mayor Touhey
proceeded to close the public comment portion of the hearing.
Motion Motion by Herfert and seconded by Sanderson to direct staff to
develop a FY 2012-2013 CDBG Action Plan based on the needs and
priorities identified in the report.
Motion carried by 4 — 0.
DEPARTMENTAL REGULAR MATTERS
City Attorney's Office
Options for Filling Vacancy of City Council Seat by Appointment or
12) By Callingfor a Special Election.
Filling Council Seat Vacancy City Attorney Glasman outlined the options which the City Council
can use to fill the vacancy due to the resignation of Councilmember
Sherri Lane on February 21, 2012. He presented the following
options and details for each:
• Fill the Vacancy by Appointment
• Call for a Special Election
Councilmember Herfert addressed concerns with the precincts at the
last election by the County and requested costs for a stand-alone
election.
Mayor Pro Tern Sanderson suggested that, if it is Council's choice to
appoint, that residents may submit letters of interest and said she did
not support additional costs of filling the seat by election.
Councilmember Sykes also expressed concerns with precinct issues
and felt voting precincts should be reviewed with the County;
concurred with Mayor Pro Tem Sanderson that costs are prohibitive
at this time; and, suggested revisiting the process utilized with the
vacancy created by former Councilmember Hernandez.
Mayor Touhey agrees with having an appointment process.
Motion Motion by Sanderson and seconded by Sykes to bring back this item
to the next meeting.
City Manager's Office
Confirmation of Mayoral Succession Order and Appointment of
13) Alternate to the Los Angeles County Sanitation District
Mayoral Succession/County Mayor Touhey conveyed that due to a FPPC rule, Councilmembers
Sanitation District Appointment are not allowed to vote on an appointment in which they personally
will receive a salary, therefore, it is recommended the nominee
should leave the room prior to voting.
7
City Council/CDC Minutes March 6, 2012
Mayor Touhey called for nominations for the -Alternate Director to
the Los Angeles County Sanitation District.
Nomination by Herfert to appoint Councilmember
Sanderson. Nomination seconded by Touhey.
City Attorney Alvarez-Glasman gave a brief overview of the FPPC
rule.
Councilmember Sanderson left the room at 8:40 p.m.
Motion
Mayor Touhey added that, in addition, the Council needed to confirm
the Mayoral Succession Order and asked for a motion to uphold the
succession order and appoint Councilmember Shelley Sanderson as
Mayor Pro Tem to replace former Mayor Pro Tem Sherri Lane.
Motion by Sykes and seconded by Herfert
Motion carried by 3- 0.
Action on Sanitation District Motion carried 3 — 0 to appoint Councilmember Shelley Sanderson,
Nomination as the Alternate Director to the Sanitation District and to replace
Councilmember Sherri Lane.
Motion carried by 3 — 0.
Mayor Pro Tem Sanderson returned to the dais.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Mayor Pro Tem Shelley Sanderson
Request from Mayor Pro Tem Sanderson Requesting the City
Council to Adopt a Resolution Supporting West Covina Youth
Soccer's Efforts in Finding Additional Playing Fields at Local
14) Schools
Support for Youth Soccer Mayor Pro Tem Sanderson asked for Council's support to assist the
city's youth soccer league in locating a permanent facility for their
use. Mayor Touhey further requested looking into funding sources,
locations, amenities, and support from the schools. Councilmember
Sykes expressed his support also.
Motion Motion by Sanderson and seconded by Touhey to bring back for
Council's direction to support Youth Soccer League's search for a
more permanent playing field.
Motion carried by 4 — 0.
Councilmember Fredrick Sykes
Request from Councilmember Fredrick Sykes Requesting the
City Council to Instruct City Staff to Prepare a Report
Evaluating the City's Trash Removal Contract and Options for
15) Alternative Services
Trash Contract Evaluation Councilmember Sykes requested Council's support to look into
eliminating the evergreen clause in the Athens Services Contract and
to consider a bid process for this contract.
Council discussion ensued regarding trash collection services, fees,
and State mandates.
Motion Motion by Herfert and seconded by Sanderson to receive and file this
report. Motion carried by 3 —1 (Sykes — No).
Mayor Michael Touhey
Request from Mayor Michael Touhey Requesting the City
16) Council's Consensus to Instruct City Staff to Prepare a Report
Housing for Homeless Veterans on Providing Housing for Homeless Veterans
8
City Council/CDC Minutes March 6, 2012
Mayor Touhey asked Council's consensus to have staff bring back a
report on using housing set -aside funding to purchase and provide a
home for homeless veterans.
Council discussion ensued regarding availability of funding sources.
Motion Motion by Touhey and seconded by Sanderson to bring back a
report. Motion carried by 4 - 0
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the regular
City Council meeting at 9:25 p.m. and to reconvene the Special City
Council meeting in the City Manager's Conference Room to address
all items as posted on the Special meeting agenda.
Motion carried by 4 — 0.
Subm' t d by:"-,,
i
v✓
Assistant City lerk:Susari Rush
May r Michael Touhey
0j