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08-21-2012 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL August 21, 2012 Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:06 p.m. in. the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Officer Jeff Mosley West Covina Police Department PLEDGE OF ALLEGIANCE Councilmember Herfert ROLL CALL Mayor Touhey, Mayor Pro Tem Sanderson Councilmembers Herfert, Sotelo, Sykes REPORTING OUT FROM CLOSED SESSION City Attorney Arnold Alvarez-Glasman reported the following: Prior to convening into closed session, all items on the City Council agenda and Successor Agency Agenda were announced for inclusion in the closed session discussion; all members of the Council were present except Mayor/Chair Touhey,"F and Mayor Pro Tem/Vice Chair Sanderson. Items on the agenda: SUCCESSOR AGENCY Conference with Legal 'Counsel — Anticipated Litigation — One matter — City Attorney Alvarez Glasman reported that all members of the Successor Agency were present except Chairman Touhey and Vice Chair Sanderson. One item of Anticipated Litigation was discussed with Board Members Herfert, Sotelo, and Sykes with no final action taken and nothing further, to report. CITY COUNCIL Conference with Real Property Negotiators — Property: Assessor parcel Nos. 8735-001-010, 8735-0011,` 8735-001-012, 8735-001-013, 8735-001-014, 8735-001, 015, 8735-001-933 & 8735-001-934 — Alvarez-Glasman reported that all members were present with the exception of Mayor Touhey and Mayor Pro Tem Sanderson. The matter was discussed with Councilmembers Herfert, Sotelo and Sykes. Direction was provided for terms of sale with no final action taken and nothing further to report. Conference with Labor Negotiators — Employee Organizations: 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 Dirt, Deputy City Manager, Finance Director, Fire Chief, Dir. Human Resources, Planning Director, Police Chief, Public Works Dir/City Engineer, Dir. Risk Management — Mayor Pro Tem Sanderson joined Councilmembers Herfert, Sotelo and Sykes in the discussion on this item. City negotiators provided a presentation with no final action taken and nothing further to report. CHANGES TO THE AGENDA City Manager Pasmant announced the following changes: Item #7 — Playground Improvements at Del Norte Park (Project No. PR 13208) — item to be removed and brought back to the next meeting; Item #20 — Appointment of Community and Senior Services Commissioner — There is an Addendum provided to Council and the public. PRESENTATIONS Mayor Touhey called forward John Hughes, Chairman of the West Covina Muscular Dystrophy Association Volunteer Committee City Council Minutes of August 21, 2012 who expressed his appreciation for the City's continued support of the MDA and the success with the 0' of July event.. ANNOUNCEMENT Mayor Touhey announced that Jerry Curcio has been selected the 2012 Hometown Hero by the Los Angeles County Fair and will be recognized at West Covina Day at the Fair on September 6, 2012. ORAL COMMUNICATIONS Bruce Leinbach Bruce Leinbach, West Covina resident, addressed the video streaming of meetings expressing his dissatisfaction with having only one still camera, provided data from other ,cities regarding costs of providing additional cameras for enhanced streaming and cable viewing. Carolyn Arndt. Carolyn Arndt, West Covina resident, addressed the injunction filed to halt the development of the Civic Center project. Blanca Venzor Blanca Venzor; West Covina resident, addressed graffiti removal stating the removal process is inferior. Forrest Wilkens Forrest Wilkens, West. Covina resident, addressed the evergreen contract with Athens Services stating that the City ,could engage in competitive bidding if the evergreen provision,, was removed; addressed campaign disclosures of PAC's which made expenditures during the last election, Elsie Messman Elsie Messman, West Covina resident, expressed her dissatisfaction with the Discover Newsletter stating the money could be better spent; addressed Athens Services billings, and Mayor Touhey's actions during his term and several other City related issues which she feels are the result of Council's decisions. Shirley Buchannan Shirley Buchannan, West Covina resident, addressed PEG funds and video streaming of meetings stating residents paid into PEG funds and should have, a say in the use of those funds to enhance the current streaming by funding additional cameras. . Vickie ScheligaVickie Scheliga, West Covina resident, thanked the Council for their participation in National Night Out which she hosted at her home, specifically thanking Mayor Touhey and former Councilmember Lane for assisting with the event. Dora Gomez Dora Gomez, on behalf of Covina Assembly of God Church, addressed the recent Back to School Class event on Friday; thanked Councilmember Sykes for his attendance and thanked the Council for their support. d Lloyd Johnson Lloyd Johnson, West Covina resident, inquired as to why the video streaming and camera equipment cannot be upgraded with the funds in the PEG fund; addressed the Planning Commission and current commissioners expressing his disappointment with the commissioners; stated his support of term limits for Councilmembers and a cap on campaign expenditures. Ray Hernandez Ray. Hernandez, West Covina resident, addressed the current video streaming of the Council meeting expressing his dissatisfaction and shared research conducted with other cities of enhanced video streaming on websites, and requested Council agendize the video streaming item to have staff come up with a solution using the PEG funds available. 2 City Council Minutes of August 21, 2012 Herb Redholtz Herb Redholtz, West Covina resident, thanked both Ray Hernandez and Bruce Leinbach for their time and effort in researching the information brought forth and stated West Covina should be providing premier streaming; expressed his support of the City continuing to support provision for the Brown Act; addressed improvements at the car dealerships as read in the newspaper and requested consideration to be appointed to the Community and Senior Services commission. Mayor Touhey addressed several issues brought forward by speakers. Deputy City Manager Chris Freeland addressed staffing costs to operate video steaming camera operations. Mayor Pro Tem Sanderson addressed graffiti; Athens issues and several issues brought forward. Councilmember Sykes addressed and requested an explanation of the evergreen clause. City Attorney Alvarez-Glasman provided abroad overview of an evergreen contract. CONSENT CALENDAR Approval of Meeting Minutes (receive & file) 1) Special City Council Meeting Minutes of May 15, 2012 Minutes Regular City Council Meeting Minutes of May 15, 2012 Special City Council Meeting Minutes of May 29, 2012 Commission Summary of Actions (receive & file) 2) Human Resources Commission ' Human Resources Commission — June 13, 2012 3) Planning Commission Planning Commission — July 24, 2012 Claims Against the City 4) Government Tort Claim Denials (deny & notify claimant) Claims Recommendation is that the City Council deny the following Government Tort Claims, and the claimants and/or their respective attorneys be so notified. • Maria Perez Cortez vs. City of West Covina • Oliverio Jimenez vs. City of West Covina • Elizabeth Montanez vs. City of West Covina Ordinances for Adoption 5) Ordinance for Adoption Accommodation Standards Reasonable Accommodation Standards Recommendation is that the City Council adopt the following ordinance: Ordinance No. 2235 ORDINANCE NO. 2235 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO REASONABLE ACCOMMODATION STANDARDS (CODE AMENDMENT NO, 11-02) Award of Bid 6) Award of Bid for Residential Street Rehabilitation Work Residential Street Work Project No SP-12105 Recommendation is that the City Council take the following actions: 1. Award the contract to Gentry Brothers, Inc., in the amount of $1,064,960.00 and authorize the Public Works Director/City 3 City Council Minutes of August 21, 2012 Engineer and City Clerk to execute the contract for residential street rehabilitation work. 2. Approve a change order to the project in the amount of $227,298.84 for additional streets to be paved. This item was removed from the Council Agenda under Changes to the Agenda and will be brought back at a future meeting. 7) Playground Improvements at Del Norte Park Del Norte Park Improvements Project No. PP-13208 8) Traffic Committee Minutes of Jul 17, 2012 Traffic Committee Minutes Recommendation is that the City Council accept and file the Traffic Committee Meeting Minutes of July 17, 2012: 1. Request Lisa Pangan, West Covina resident That a multi -way stop be installed at the ' intersection of Shadydale Avenue and Farlington Street and vehicle speeds be reviewed. 11 Traffic Committee Recommendation: That two-way stop signs be installed on the west and eastbound approaches of Farlington Street at Shadydale Avenue. That 25 miles per hour speed limit signs with radar enforced plates be installed on the north and southbound approaches of Shadydale Avenue. 9) Treasurer's Report (receive & file) Treasurer's Report — March 2012 City Treasurer's Resort for the Month of March 2012 Recommendation is that the City Council receive and file this report. 10) City Treasurer's Report for the Month of April 2012 Treasurer's Report — April 2012 Recommendation is that the City Council receive and file this report. 11) City Treasurer's Report for the Month of May 2012 Treasurer's Report — May 2012 Recommendation is that the City Council receive and file this report. 10) City Treasurer's Report for the Month of June 2012 Treasurer's Report — June 2012 Recommendation is that the City Council receive and file this report. City Manager's Office 13) Award of Bid for Printing of Discover West Covina Award Printing of Discover WC Recommendation is that the City Council approve a three-year contract with Sari Art & Printing, Inc. for the printing of "Discover West Covina". 11 Public Works 14) Informational Update on the City Sharps Collection Program Sharps Program Recommendation is that the City Council receive. and file this informational report. Human Resources 15) Approval of Class Specification and Salary Range for Deputy Fire Deputy Fire Marshal Marshal 0 City Council Minutes of August 21, 2012 Recommendation is that the City Council adopt the following resolution regarding the proposed class specification for Deputy Fire Marshal. Resolution No. 2012-65 RESOLUTION NO. 2012-65 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION AND SALARY RANGE FOR DEPUTY FIRE MARSHAL 16) Approval of Salary Range Adjustment for Fire Chief and Police Fire & Police Chief Salary Change Chief Recommendation is that the City Council adopt the following resolution regarding a salary range adjustment for Fire Chief and Police Chief. Resolution No. 2012-66 RESOLUTION NO. 2012-66 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2007-65 RELATING TO MANAGEMENT COMPENSATION, BENEFITS AND CLASSIFICATION OF DEPARTMENT HEADS Finance Department 17) Resolution Authorizing Investment in the Local Agency LAIF Investment Fund Investment Fund (LAIF) Recommendation is that the City Council adopt the following resolution entitled: Resolution No. 2012-67 RESOLUTION NO. 2012-67 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,'CALIFORNIA, AUTHORIZING THE USE OF THE LOCAL AGENCY INVESTMENT FUND UNDER THE OFFICE OF THE CALIFORNIA STATE TREASURER AS AN INVESTMENT MEDIA ALTERNATIVE Cooperation Agreement between City of West Covina ("City") and Successor Agency to the West Covina Redevelopment Agency 18) ("Successor Agency") for Advance and Reimbursement of Cooperation Agreement — City Administrative Overhead and Other Expenses and Successor Agency Recommendation is that the City Council adopt the following resolution: Resolution No. 2012-68 RESOLUTION NO. 2012-68 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT WITH THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY FOR THE ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE COSTS, ENFORCEABLE OBLIGATIONS, AND PROJECT RELATED EXPENSES Councilmember Herfert commented prior to Consent Calendar Action regarding Item #13 — Award of Bid for. Discover West Covina — to thank staff. CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Sotelo to approve all items listed on the Consent Calendar as presented. Motion carried 5 — 0. 5 City Council Minutes of August 21, 2012 DEPARTMENTAL REGULAR MATTERS City Manager's Office 19) Resolution Reaffirming City's Commitment to the Brown Act Brown Act Reaffirmation Mayor Touhey announced the subject matter regarding the City's reaffirmation to adhere to the Brown Act regardless of the State's actions. Motion Motion by Herfert and seconded by Sanderson to adopt the resolution: Resolution No. 2012-69 RESOLUTION NO. 2012-69 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, �CALIFORNIA, REAFFIRMING THE CITY'S COMMITMENT TO OPEN GOVERNMENT AND COMPLIANCE WITH THE RALPH M. BROWN ACT 20) Appointment of Community and Senior Services Commissioner Appointment of Community & Mayor Touhey requested this item be held over to include names Senior Services Commissioner of commissioners not reappointed when commissions were consolidated. Motion Motion by Herfert and seconded by Sanderson to hold this item over. Motion carried by 5 — 0. SUCCESSOR AGENCY Mayor Touhey recessed the City Council meeting at 8:35 p.m. to convene the Successor Agency meeting. Mayor Touhey reconvened the City Council meeting at 8:37 p.m. with all members present CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS Councilmember Fredrick Sykes Request from Councilmember Fredrick Sykes Requesting the City Council to Instruct City Staff to Prepare a Report, on the Steps to Introduce State Legislation Mandating Pharmaceutical Companies 21) and Retail Establishments that Sell Needles to Fund and Provide Needle Recycling Programs. _ Sharps Needle Recycling Councilmember Sykes addressed the need to look into expanding the recycling of sharps needles products by contacting State legislators. Motion Motion by Herfert and seconded by Sotelo to receive and file the report. Motion carried by 4 — 1 (Sykes - No). Request from Councilmember Fredrick Sykes Requesting the City 22) Council to Instruct City Staff to Prepare a Report Reviewing Types Review of Contract Provisions of Contract Provisions Contained in City Service Agreements Councilmember Sykes explained his request to review City contracts for,"traps" and to encourage the bidding process. Council engaged in discussion regarding review of contract provisions. Motion Motion by Sanderson and seconded by Herfert to receive and file the report. Motion carried 4 — 1 (Sykes — No). CITY COUNCIL COMMENTS Councilmember Herfert addressed the State's actions and their effect on California cities. Mayor Pro Tern Sanderson requested staff look into grants for another Dog Park. 0 City Council Minutes of August 21, 2012 ADJOURNMENT Motion by Touhey and seconded by Sanderson to adjourn the Subu,itted-by:- - A. ssisfaritlC ky-Clerk^Susan Rush meeting at 9:20 p.m. in memory of the following who have passed away. Motion carried 5 — 0. Lillian Hill, grandmother of Nick Lewis, Community & Senior Services Commissioner - Randy Pearman, son of West Covina Police Lieutenant Jerry Pearman - Linda Carrico, mother of Alan Carrico. - Loenzo Mercado, son of residents Ofelia and Roman Mercado - Adrianne Herrera, fonner wife of Community &` Senior Services Commissioner Glenn Kennedy 4 May Michael Touhey 7