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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. 2 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 &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. • 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 3 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. 4 City Council Minutes of September 18, 2012 # 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. 6 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 6 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. 7 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 i ' I .1