10-02-2012 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 2, 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 Officer Jeff Mosley
West Covina Police Department
PLEDGE OF ALLEGIANCE Councilmember Sotelo
ROLL CALL Mayor Touhey, Councilmembers Herfert, Sotelo, Sykes
Absent: Mayor Pro Tem Sanderson
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 and Successor Agency Agenda were announced
for inclusion in the closed session discussion; all members of the
City Council/Successor Agency were present except Mayor Pro
Tem/Vice Chairman Sanderson.
Items on the agenda:
CITY COUNCIL 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 Dir., Deputy City Manager, Finance
Director, Fire Chief, Dir. Human Resources, Planning Director,
Police Chief, Public Works Dir/City Engineer, Dir. Risk
Management — A report was provided by staff with no final action
taken and nothing further to report.
Public Employment — City Manager — This matter was
postponed due to the absence of the City Manager with nothing
further to report.
SUCCESSOR AGENCY Conference with Real Property Negotiators — Property:
Assessor Parcel Number 84 74-00 7-035, 037, 928, 932 and 934 —A
report was provided by staff with no final action taken and nothing
further to report.
CITY COUNCIL/SUCCESSOR Conference with Legal Counsel — Existing Litigation — City
AGENCY of West Covina and City of West Covina Community Development
Commission v. Hassen Imports Partnership, et al and related cross
complaints and cases — Gorman reported that both the City
Council and Successor Agency considered this matter. There was
a briefing by Special Counsel and direction was given to the City
Attorney to report to the Bankruptcy Court the authorization
determined by the City Council and Successor Agency during the
Closed Session with nothing further to report.
CHANGES TO THE AGENDA Assistant City Manager Thomas Bachman requested that Item # 8 -
Amendment to the Post Retirement Employment Agreement —
City Manager — be held over.
PRESENTATIONS Mayor Touhey called forward Deputy Fire Marshall Jason Briley
and presented him with a Proclamation declaring October 7-13,
2012 as Fire Prevention Week.
City Council Minutes of October 2, 2012
f_
ORAL COMMUNICATIONS
Alicia Oran Alicia Oran, West Covina resident, spoke in support of not
outsourcing police or fire services.
Elsie Messman Elsie Messman, West Covina resident, addressed the Athens
Services billing system of billing for 3 months in advance;
addressed campaign funds received by councilmembers; addressed
Discover Newsletter content, and the Council's use of City
reserves.
Ray Hernandez Ray Hernandez, West Covina resident, expressed his
disappointment in comments from Mayor Touhey at the last
meeting during video steaming discussion; addressed video
streaming and transparency on improving quality of video
streaming of Council meetings.
Lloyd Johnson Lloyd Johnson; West Covina resident, made a suggestion for
improvements to the video taping of council meetings; addressed
the potential purchase and use of property on San Bernardino Road
for residential development.
Vickie Scheliga Vickie Scheliga, West Covina resident, announced West Covina
Lions Club offering of free vision, hearing, and glucose testing on
Saturday, October 13.
Philip Moreno Philip Moreno, West Covina resident, addressed the lawsuit
against the City regarding the Civic Center project.
Sue Aguino Sue Aguino, West Covina resident, expressed her disappointment
in residents' comments toward the Council; addressed the
dissatisfactory service of a transport of her husband by the fire
department and continuing issues with the ambulance billing.
Forrest Wilkens Forrest Wilkens, West Covina resident, addressed comments made
by Mayor Touhey at the last meeting; commented on recognition
of individuals at the previous meeting and suggested the Council
take a proactive stance on citizens' concerns; addressed trash
services and competition of trash service.
John Shewmaker John Shewmaker, West Covina resident, addressed Athens rates;
addressed the Public Information Officer as a viable staff person to
operate video streaming cameras.
Irene Fleck Irene Fleck, West Covina resident, stated that oral communications
is the time for residents to address Council; announced upcoming
Library events and other events including the fundraiser at
Applebee's and the San Gabriel Literary Fest.
Shirley Buchannan Shirley Buchannan, West Covina resident, stated she was pleased
when the Council approved a study of video streaming in other
cities, but was disappointed that staffs report lacked additional
components such as number of cameras, operators, volunteers or
staff assigned on -call hours, workers comp which would have
produced a more complete study.
Alfred Williams Alfred Williams, West Covina resident, addressed video streaming
and the negative approach taken in finding a solution.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed video streaming
of meetings and placing the item on the Consent Calendar; the
4
City Council Minutes of October 2, 2012
need for multiple cameras and improvements; and the cost increase
of Discover West Covina newsletter.
Councilmembers addressed and responded to concerns brought
forth by speakers.
CONSENT CALENDAR The following items were pulled from the Consent Calendar:
Assistant City Manager Bachman requested that Item #8 —
Amendment to the Post Retirement Employment Agreement — City
Manager — be held over due to the absence of the City Manager;
and Councilmember Fredrick Sykes requested that Item #10 —
Video Web and Cable Television Broadcasting of City Council
Meetings — be pulled for separate consideration.
Approval of Meeting Minutes (receive & file)
1) Special City Council Meeting Minutes of June 19, 2012
Minutes Regular City Council Meeting Minutes of June 19, 2012
Commission Summary of Actions (receive & file)
2) Summary of Actions Planning Commission — September 25, 2012
Ordinances for Adoption
3) Ordinance for Adoption
Sewer Overflow Prevention Sewer System Overflow Prevention Ordinance
Recommendation is . that the City Council adopt the following
ordinance:
Ordinance No. 2236 ORDINANCE NO. 2236 — 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 SEWER UNDER CHAPTER 23 — UTILITIES,
ARTICLE II, SEWER AND SEWAGE DISPOSAL OF THE
CITY OF WEST COVINA MUNICIPAL CODE
4) Ordinance for Adoption
Standard Specs for 2012 Standard Specifications for Public Works Construction — 2012
Edition
Recommendation is that the City Council adopt the following
ordinance:
Ordinance No. 2237 ORDINANCE NO. 2237 — 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
Traffic Committee Meeting Minutes (accept & file)
3) Traffic Committee Minutes of September 18, 2012
Traffic Committee Minutes Recommendation is that the City Council accept and file the
Minutes of the Traffic Committee Meeting of September 18, 2012:
L Request
City Initiated
Annual Intersection Collision rate report for the year 2011
(informational).
Traffic Committee Recommendations:
That stop ahead sign and pavement markings be installed on
the westbound approach of Fairgrove Drive at Lark Ellen
Avenue intersection.
3
City Council Minutes of October 2, 2012
6)
Sports Council Leagues & Teams
Subsidy Structure
That staff proceed with the design and construction of the
approved CIP project to mitigate restricted sight distance for
the north and southbound vehicles on Lark Ellen Avenue at
Rowland Avenue and the addition of marked left -turn pocket
for the eastbound approach of Rowland Avenue at Lark Ellen.
That stop ahead pavement markings be repainted for the
eastbound approach of Pass and Covina Road at Lark Ellen
Avenue.
II. Request:
Alex Ramirez, West Covina Resident
That stop signs be installed on the minor street approaches of
the intersection of Fleetwell Avenue and Shamwood Street.
Traffic Committee Recommendation:
That stop signs be installed on the eastbound approach of
Shamwood Street at Fleetwell Avenue.
Community Services Department
Change in City Subsidy Structure for Sports Council Leagues and
Recommendation is that the City Council approve the West Covina
Sports Council and Community & Senior Services Commission's
recommendation to amend the City's subsidy structure for West
Covina Sports Leagues.
City Clerk's Office
7) Biennial Review of the City's Conflict of Interest Codes
Biennial Review Recommendation is that the City Council approve the West Covina
Sports Council and Community & Senior Services Commission's
recommendation to amend the City's subsidy structure for West
Covina Sports Leagues.
Resolution No. 2012-79 RESOLUTION NO. 2012-79 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING THE CONFLICT OF INTEREST CODE FOR THE
CITY OF WEST COVINA
Resolution No. 2012-80 RESOLUTION NO. 2012-80 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING THE CONFLICT OF INTEREST CODE FOR THE
WEST COVINA COMMUNITY DEVELOPMENT
COMMISSION
Resolution No. 2012-81 RESOLUTION NO. 2012-81 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING THE CONFLICT OF INTEREST CODE FOR THE
SUCCESSOR AGENCY TO THE WEST COVINA
REDEVELOPMENT AGENCY
The following item was removed from the Agenda under "Changes
to the Agenda " to be held over to a future meeting
City Manager's Office
Amendment to the Post Retirement Employment Agreement —
8) City Manager
City Manager Contract Recommendation is that the City Council approve the following:
1. Amend the Post Retirement Employment Agreement — City
Manager extending the term of the contract from December 31,
0
City Council Minutes of October 2, 2012
2012 to June' 30, 2013 subject to the statutory 960 hours of post
retirement limitation.
2. Approve the inclusion of the City manager into the PARS
supplemental retirement benefit plan as set forth in his prior
employment agreement.
3. Authorize the City Attorney to prepare an Amendment to the
Post Retirement Employment Agreement -City Manager and
authorize the Mayor to execute.
Letter Supporting HR 5823 (Saving Taxpayers from Unnecessary
9) Bulk Sale Program Act of 2012
Support for HR 5823 Recommendation is that the City Council instruct City staff to
prepare a letter in support of HR 5823 and forward to the
appropriate federal representative serving West Covina.
This item was pulled from the Consent Calendar for separate
discussion
Video Web and Cable Television Broadcasting of City Council
10) Meetings
Video Broadcast of CouncilRecommendation is that the City Council receive and file this
Meetings informational report.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sotelo to approve all items
listed on the Consent Calendar as presented, except Item #8 and
Item #10.
Motion carried by 4 — 0.
Item #10 Video Web and Cable Television Broadcasting of City Council
Meetings
Councilmember Sykes addressed concerns with video streaming
and some of the needs in the community to be able to view
meetings and stated that more could be done to improve video
streaming and said Council owes it to the Public to do more than
what is currently being done.
Deputy City Manager Chris Freeland addressed questions
regarding video streaming brought forth by residents during Oral
Communications.
Councilmember Sotelo spoke in support of additional
cameras for a more complete view of speakers, whether they are
councilmembers, staff or the public.
Councilmember Herfert supported improvements that
would not incur costs.
Mayor Touhey expressed his support for Councilmember
Sotelo's suggestion.
Motion Motion by Herfert and seconded by Sotelo for staff to bring back a
report on the feasibility of a three -camera button -operated system
involving no costs.
Motion carried by 4 — 0.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
COUNCILMEMBER FREDRICK SYKES
Request from Councilmember Fredrick Sykes Requesting the City
Council to Instruct City Staff to Prepare a Report Evaluating the
11) City's Trash Removal Contract
Trash Removal Contract Councilmember Sykes addressed his concerns with the Athens
Services contract details, including the Evergreen Clause.
Councilmember Sotelo requested that staff bring back a
report outlining what residents are paying for on their Athens bill.
Mayor Touhey stated he would support a review of the
contract.
5
City Council Minutes of October 2, 2012
Motion Motion by Touhey and seconded by Sykes to bring back a report to
review the Athens Services contract.
CITY COUNCIL COMMENTS
Motion carried by 4- 0.
Councilmember Herfert stated regarding the upcoming report on
video streaming, that he did not expect a report at the next meeting
but rather, that it be brought back when staff has had a chance to
produce a comprehensive report on the matter.
Councilmember Sotelo requested that Term Limits for Council be
agendized.
ADJOURNMENT Motion by Touhey and seconded by Sanderson to adjourn the
meeting at 8:52 p.m. in memory of Rani Kimes, niece of former La
Puente Mayor John Solis.
Motion carried by 4 — 0.
Submitted -by:
Assistant City f lerk Susan Rush
r Michael Touhey (I
6