09-18-2012 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
September 18, 2012
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:00 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Reverend Mary Hollifeld
West Covina United Methodist Church
PLEDGE OF ALLEGIANCE Councilmember Fred Sykes
ROLL CALL Mayor Touhey, Mayor Pro Tem Sanderson
Councilmembers Herfert, Sotelo, Sykes
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney Matthew Gorman 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; all members of the Council were present.
Items on the agenda:
Conference with Labor Negotiators — Employee
Organizations: Confidential Employees, Maintenance & Crafl
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 — Deputy City Attorney Gorman reported that all five
Councilmembers were present. The Council received a report by
staff with no final action taken and nothing further to report.
Conference with Legal Counsel — Anticipated Litigation —
One case: The Council received a report by staff with direction
provided by staff. However, no further action was taken and there
was nothing further to report.
Public Employment — City Manager — Deputy City
Attorney reported that the Council provided direction with no
further action and nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant announced that a memo has been provided
regarding Item #2 - Playground Improvements at Del Norte Park
and an addendum pertaining to Item #9 — Tow Contract
Extension.
PRESENTATIONS Mayor Touhey called forward Police Chief Frank Wills who
introduced Darrell Myrick, Gold Medalist in Police and Fire
Olympics in 5 events.
Mayor. Touhey, assisted by Chief Wills introduced Lt. Tommy
Garcia who is retiring from the City of West Covina with 32 years
of service.
Mayor Touhey, assisted by Assistant Fire Chief Bart Brewer
introduced Captain Greg Layton who is retiring from the City of
West Covina with 29 years of service.
- City Council Minutes of September 18, 2012
Mayor Touhey, assisted by Assistant Chief Brewer called forward
Captain David Van Hulzen who is retiring from the City of West
Covina with 27 years of service.
Mayor Touhey assisted by Assistant Chief Brewer'introduced Fire
Engineer Christopher Klein who is retiring from the City of West
Covina with 29 years of service.
Mayor Touhey called forward Jerry Curcio who was recognized by
the Los Angeles County Fair during West Covina Day at the Fair
on September 6"' as West Covina's Hometown Hero.
ORAL COMMUNICATIONS
Carolyn Arndt Carolyn Arndt, West Covina resident, read the introductory page
of the brief to the Injunction on the Civic Center project and stated
that copies are available to the public through the West Covina
Improvement Association.
Pat &Norm Klemz Pat & Norm Klemz, representatives of the East San Gabriel Valley
League of Women voters spoke to support the recruitment of poll
workers in Los Angeles County and West Covina.
Philip Moreno Philip Moreno, West Covina resident,, inquired why the City has
two different Tow companies working in the City.
Rob Fryhoff Rob Fryhoff, of Miracle Playgrounds, addressed the award of bid
for playground equipment requesting the City Council consider
Alternative #3 in the staff report Option B in order to save the City
$17,000.
Ray Hernandez Ray Hernandez, West Covina resident, addressed web streaming of
City Council meetings and provided a cost comparison of three
different cities; suggested the City place Discover West Covina on
the website only and use the savings to provide a part-time camera
operator and use interns.
Philip Kaufman Philip Kaufman," West Covina resident, addressed his Athens
Services bill and'concerns with retroactive increases.
Alvino and Vanessa Larios Alvin and Vanessa Larios, representing Innovative Playgrounds
Company, addressed their company's product and requested
Council consideration
Forrest Wilkens Forrest Wilkens, West Covina resident, complimented Miguel
Hernandez in Public Works for addressing a signal change phasing
on southbound Azusa Avenue; addressed a component of the
Brown Act citing a possible violation when board members gather
outside of meetings; addressed the Athens Services evergreen
contract and campaign contributions to Councilmembers by
Athens.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed the City's tow
contracts stating that the two companies servicing; the City should
have contracts with the same terms and same percentages;
addressed term limits for councilmembers and a cap on campaign
contributions.
Bruce Leinbach Bruce Leinbach,, West Covina resident, addressed the quality of
video web streaming and the lack of additional . cameras and
suggested some revenue sources to consider for upgrades.
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City Council Minutes of September 18, 2012
Juan Reinoso Juan Reinoso, West Covina resident, addressed the City's Graffiti
Abatement contract and previous work done by his company and
comments regarding his company made at a previous meeting.
Maria Gutierrez Maria Gutierrez, West Covina resident, addressed the Athens
Services Contract rates requesting the Council review the contract;
addressed the video streaming quality, stating the Council should
listen to the residents.
Angel Carrillo Angel Carrillo, Azusa resident, requested the support of the
Council to support Innovative Playgrounds for the playground
improvements at Del Norte Park.
Councilmembers addressed and responded to concerns brought
forth by speakers.
Mayor Touhey requested clarification of a speaker's comment on
the Playground Project who commented that they had changed
their warranty and asked if the change was submitted with the bid
or after the submission of the bid.
(See response by Public. Works Director after Consent
Calendar motion.)
CONSENT CALENDAR
Claims Against the City
1) Government Tort Claim Denials deny ¬ify 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.
• Mark Appelbaum vs. City of West Covina
• Alicia Bacskai vs. City of West Covina
• Eleazor Ortiz vs. City of West Covina
Award of Bid
2) Playground Improvements at Del Norte Park (Project No. PP -
Improvements at Del Norte Park 13208)
Recommendation is that the City Council take the following
actions:
1. Authorize the upgrade of an existing playground "Tot Lot" at
Del Norte Park per Innovative Playgrounds design prepared
on August 1, 2012 (Attachment A of the report).
2. Accept the bid of Micon Construction, Inc. in the amount of
$198,098 as submitted at the bid opening on August 14, 2012
and authorize the Public Works Director/City Engineer and
City Clerk to execute the contract to build the designed
improvements at Del Norte Park.
City Manager's Office
First Amendment to Lease and Option Agreement with AT & T for
3) the Existing Wireless Facility at, Cameron Park
Wireless Facility at Cameron Park Recommendation is that the City Council' approve the First
Amendment to the Lease and Option Agreement between AT&T
and the City of West Covina for the existing wireless facility at
Cameron Park.
Public Works
Suburban Water Systems Request to Excavate on Garvey Avenue
4) South Currently Under Moratorium
Suburban Water to Excavate Garvey Recommendation is.that the City Council approve Suburban Water
Systems' request for an exemption to the City's Street Cut
Moratorium on Newly Improved Streets and to be permitted to
excavate on Garvey Avenue South between West Covina Parkway
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City Council Minutes of September 18, 2012
and Sunset Avenue and Garvey Avenue South between Hollenbeck
and Citrus Streets.
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Herfert to approve all items
listed on the Consent Calendar as presented except Item #3 First
Amendment to Lease and Option Agreement with AT&T for the
Existing Wireless Facility at Cameron Park — Touhey abstained
on this item due to a conflict of interest pertaining to his business
having a indirect lease with AT&T.
Motion carried by 5 — 0.
City Manager asked Public Works Director Shannon Yauchzee to
respond to Mayor Touhey's question regarding the warranties
submitted for the Playground Project.
Public Works .Director Yauchzee replied that he had
personally reviewed the warranty sheets submitted and the
warranty for Innovative meets and in some areas does exceed the
Miracle Playground warranty.
PUBLIC HEARINGS
Public Hearing
Amendments to the FY 2012-2013 Community Development
5) Block Grant (CDBG) Action Plan
CDBG Amendments for FY2013 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
Management Analyst Kelly McDonald briefly reported that .the
purpose of this item is to amend the Action Plan that was approved
by Council on May 1, 2012, which preceded the approval of the
allocations for CDBG-funded Public Services on: June 19, 2012
and the City's FY 2012-2013 Operating and Capital Budget on
August 1, 2012. The proposed amendment will make the Action
Plan consistent with the approved budget by including twenty (20)
approved activities and funding levels.. Mr. McDonald then
offered to answer questions.
Councilmember Sotelo inquired if any public service
providers had to be turned away due to the cuts.
McDonald replied that one provider declined to move
forward and that the funding allocations were pro -rated through the
recommendation of the commission.
Open testimony Mayor Touhey proceeded to open the public comment portion of
the hearing and called for comments.
Close testimony There being no one wishing to address Council, Mayor Touhey
closed the public comment portion of the hearing.
Motion Motion by Sanderson and seconded by Sotelo to approve the
proposed amendment to the FY 2012-2013 CDBG Action Plan as
detailed below.
Motion carried by 5 — 0.
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City Council Minutes of September 18, 2012
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Description of Activity Activity Budget
1
Domestic Violence Victim Advocate $ 20,140.00
2
Careship 25,000.00
3
Youth Assistance Program 4,000.00
4
Senior Meals Program 60,000.00
5
Action Food Pantry 6,329.13
6
SGV YWCA — Meals on Wheels 3,164.57
7
SGV YWCA — Senior Citizens Assistance Program 6,329.13
8
ESGV Coalition for the Homeless 5,000.00
9
Assistance League of Covina Valley 1,054.87
10
Cory's Kitchen 6,329.13
11
Volunteers of America 5,099.17
12
Housing Rights Center 10,000.00
13
Municipal Pool Restroom — ADA Compliance 80,000.00
14
Senior Center — Kitchen Grill 5,000.00
15
Senior Center — Kitchen Ovens 15,000.00
16
ADA Compliance — City 'Facilities 20,000.00
17
ADA Compliance — Totlot Surface & Ramp Replacements 100,000.00
18
Play Equipment — Del Norte Park 300,000.00
19
Street Barrier Removal 100,000.00
20
Street Rehabilitation 80,000.00
TOTAL $ 852,446.00
6)
Public Hearing
2012 Congestion Management 2012 Congestion Management Program (CMP)
Program
Conformance Self -Certification and Local Development Report
(LDR)
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. Planning
Director Jeff Anderson provided a brief report stating that the
Congestion Management Program requires that the City annually
submit a report to the L.A. County MTA detailing statistics on
development activities that report the amount of demolition and
construction activities. The current statistics cover activity from
June 2011 through May 2012 and stated that staff recommends
approval of the resolution.
Open testimony
Mayor Touhey proceeded to open the public comment portion of
the hearing and called for comments.
Close testimony
There being no one wishing to address Council, Mayor Touhey
closed the public comment portion of the hearing.
Assistant City Clerk presented:
Resolution No. 2012-78 RESOLUTION NO. 2012-78 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND
ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65089
Motion Motion by Herfert and seconded by Sykes to adopt the resolution.
Motion carried by 5 — 0.
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City Council Minutes of September 18, 2012.
Public Hearing
7) First Reading of Sewer System Overflow Prevention Ordinance
Sewer System Overflow Prevention 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. Public Works
Director Shannon Yauchzee presented a brief report and stated that
the State Water Resources Board passed regulations that require all
cities to adopt an ordinance to control the amount of fats, oil, and
grease that enter the municipal sewerage system and that could end
up in the oceans. Polluting the sewer system with overflow of
these wastes is a violation and would be very costly to the City.
The ordinance will require installation of grease traps by all new
businesses, existing businesses that remodel or make additions to
their facilities, and allow site visits by City staff to monitor
compliance.
Mayor Touhey inquired if there were any new fees.
Yauchzee stated no new fees are being considered at this
time and that currently, existing fees help to cover City costs. In
addition, he stated that this requirement will incur expenditures if
mandated inspections are included in the next adoption of the
NPDES program and that most cities see this as an unfunded State
mandate.
Assistant City Clerk verified that there no written communications
were received.
Open testimony Mayor Touhey proceeded to open the public comment portion of
the hearing and called for comments.
Lloyd Johnson, West Covina resident, inquired about how this will
be enforced and stated concern with a business on San Bernardino
Road and their practice of washing down waste into the sewer.
Philip Moreno, West Covina resident, inquired how the City would
monitor the program with one Code Enforcement officer.
Public Works Director Yauchzee responded to speakers' questions
explaining that unfortunately the City has only one Code
Enforcement officer and mandated inspections could incur costs
and that businesses washing down debris into sewers is different
but is a violation that can be reported to the City.
Close testimony There being no *one else wishing to address the Council, Mayor
Touhey closed the public comment portion of the hearing.
Motion Motion by Herfert and seconded by Sotelo to introduce the
following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING DIVISION 3,
SAND AND GREASE INTERCEPTORS AND DIVISION 6,
INDUSTRIAL CONNECTION SEWERS UNDER CHAPTER 23
— UTILITIES, ARTICLE 11, SEWER AND SEWAGE DISPOSAL
OF THE CITY OF WEST COVINA MUNICIPAL CODE
Motion carried 5-0.
Public Hearing,
8) Standard Specifications for Public Works Construction 2012
2012 Standard Specifications Edition — Ordinance Introduction
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. Public Works
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City Council Minutes of September 18, 2012
Director Shannon Yauchzee gave a brief staff report stating the
value and need to adopt the Standard Specifications, also known as
the Green Book, that regulate construction materials testing for all
right-of-way construction, paving, back filling, excavating,
sidewalk construction and striping and are updated to reflect the
constantly changing technology of the construction industry. He
then offered to answer any questions.
Assistant City Clerk Rush verified that no written. comments had
been received.
Open testimony Mayor Touhey proceeded to open the public comment portion of
the hearing and called for comments.
Close testimony There being no one wishing to address Council, 'Mayor Touhey
closed the public comment portion of the hearing.
Motion Motion by Sotelo and seconded by Herfert to introduce the
following ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING THE 2012
EDITION OF THE STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION BY REPEALING AND
ADOPTING SECTION 19-1 OF THE WEST COVINA
MUNICIPAL CODE
Motion carried 5-0.
DEPARTMENTAL REGULAR MATTERS
City Manager's Office
9) - Tow Contract Extension
Tow Contract Extension Deputy City Manager Chris Freeland presented the report stating
that the City had received an unsolicited joint proposal from Royal
Coaches and Bob's Towing seeking a contract extension that will
allow them to amortize the costs of new tow vehicles over a longer
period of time. Freeland covered points in the proposals and
offered to answer questions.
Mayor Touhey opened council discussion.
Councilmember Sykes requested Police Chief Wills to
respond to a speaker's question under Oral Communications as to
why the city has two tow contracts.
Chief Wills responded with several points that support the
reason for two Tow companies.
Council discussion ensued.
Motion Motion by Herfert and seconded by Touhey to approve the
following for both Royal Coaches and Bob's Tow:
• Extend contracts to October 1, 2022,
• Both companies pay a franchise fee of thirty percent (30%) of
gross revenue,
• Both companies. contribute 1.5% of gross revenue to the West
Covina Community Services Foundation.
Deputy City Attorney Gorman requested clarification as to whether
the motion includes having the City Manager execute a contract
under specified terms or to bring back a final contract for council
to review and approve.
Councilmember Herfert replied that his recommendation
included that the City Manager execute the contracts with terms.
Motion carried 5-0.
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City Council Minutes of September 18, 2012
CITY COUNCIL COMMENTS
Councilmember Sykes requested that the Athens Contract be
brought back for Council review and information on video
streaming improvements for discussion.
Councilmember Sotelo supported reviewing video web streaming
of Council meetings.
ADJOURNMENT Motion by Sotelo and seconded by Herfert to adjourn the meeting
at 9:05 p.m. Motion carried by 5 — 0.
Submitted by:
Assistant City herk Susa Rush
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