10-16-2012 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 16, 2012
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:02 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant
City Manager
PLEDGE OF ALLEGIANCE Councilmember Herfert
ROLL CALL Mayor Touhey, Councilmembers Herfert, Sotelo, Sykes
Absent: Mayor Pro Tem Sanderson
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; all members of the Council were present except
Councilmember Sanderson.
Items on the agenda:
Public Employment — City Manager — The City Council
received a briefing on the matter with no action taken and nothing
further to report.
Conference with Legal Counsel — Existing Litigation —
West Covina Improvement Association vs. City of West Covina, et
al. - The City Council received a briefing from the City Attorney's
office with respect to the matter with no action taken and nothing
further to report.
CHANGES TO THE AGENDA City Manager Pasmant announced that Item #9 Athens Service
Waste Collection Contract Review - A listing of the various
groups that Athens supports was distributed to Council and is also
available to the public.
On Item #6 Foothill Transit Center and Park & Ride
Facility Memorandum of Understanding Pasmant stated Deputy
City Manager Chris Freeland will provide an update.
Deputy City Manager Freeland provided a brief update on
the status of the item stating that, although there is a Memorandum
of Understanding being considered, there remain other issues to
discuss and agree on and that the approval of the MOU is not the
final approval of the project.
.Councilmember Herfert inquired of the two expiration
dates on the agreement. Freeland responded to his question.
PRESENTATIONS Mayor Touhey called forward Public Works Director Shannon
Yauchzee and presented him with a Proclamation declaring
November 10, 2012 as America Recycles Day.
Mayor Touhey called forward Dr. David Alfaro and Don Fernald
of West Covina Rotary to receive a Proclamation designating
October 20 through 28, 2012 as Red Ribbon Week.
Mayor Touhey called forward Dr. Catherine Nichols,
Superintendent of Covina Valley Unified School District who
provided a presentation on the school district's performance;
projects/programs and upcoming bond measure.
City Council Minutes of October 16, 2012
ORAL COMMUNICATIONS
John Hughes John Hughes, West Covina resident, spoke on Athens' proposal
complimenting their service and their commitment to the
community.
Alicia Orin Alicia Orin, West Covina resident, spoke in support of Athens
Services and not outsourcing police services.
Andy Lucero Andy Lucero, West Covina resident, spoke in support of Athens
Services.
Maria Aguirre Maria Aguirre, West Covina resident, spoke in support of Athens
Services.
Gaylord P. Patten Gaylord P. Patten, West Covina resident, is opposed to a long terin
contract with Athens Services on principal; opposed to locking in
fees and considers the franchise fee a tax; prefers to open the
service to other companies.
Rosina Butler Rosina Butler, West Covina resident, spoke in support of Athens
Services; requested the City Council accept their proposal.
Valerie Mergil Valerie Mergil, West Covina resident, spoke in support of Athens
Services and their community support.
Herb Redholtz Herb Redholtz, West Covina resident, spoke in support of Athens
Services for their good service and participation as a good
neighbor to the City and a good corporate partner.
Dennis Chiappetta Demos Chiappetta, Executive Vice President of Athens Services,
highlighted the company's efforts to assist the City in meeting
legislative mandates; covered the details of their future plans to
meet the demands of managing waste disposal.
Monica Farias Monica Farias, President/CEO of the Greater West Covina
Business Association, spoke in support of approval of the Athens
Services contract extension.
John Solis John Solis, West Covina resident, reviewed the proposal by Athens
Services and sees the proposal as a good business plan; but did not
see a schedule of rates and suggested Council extend the proposal
for 30 days and call for bids from other vendors; addressed a
mailing received on City letterhead regarding honoring military
service personnel from Covina and questioned the City's lack of a
program and asked the City to reinstate the Blue Star program.
Ed Brubaker Ed Brubaker, West Covina resident, addressed Athens proposal
and expressed concern with being locked in for 25 years without
knowing what may occur down the line.
Lazaro Ruelas Lazaro Ruelas, West Covina resident, spoke in favor of Athens and
the service they provide.
Guadalupe Mendoza Guadalupe Mendoza, West Covina resident, spoke in support of
continuing service with Athens.
Irene Fleck Irene Fleck, West Covina resident, expressed concerns with the
length of the contract, and felt Athens' monetary proposal has
strings attached.
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City Council Minutes of October 16, 2012
Bruce Leinbach Bruce Leinbach, West Covina resident, objected to the length of
the contract not the service provided by Athens; addressed holding
a City Council meeting on the day of the Presidential election and
suggested canceling or rescheduling the meeting.
Mark Smith Mark Smith, Glendora resident, addressed Athens Services
contract in other cities and possible reasons for their generous
offer.
John Shewmaker John Shewmaker, West Covina resident, addressed the Athens
Services proposal and concerns with future changes in
management that may affect the contract proposal.
Blanca Venzor Blanca Venzor, West Covina resident, spoke in opposition of the
Athens contract billing fees; inquired as to why Athens proposal
discussion is on the night of the Presidential debate.
Jerry Curcio Jerry Curcio, West Covina resident, thanked the City Council for
what they do for the City; spoke in support of Athens and the
service they provide.
Sue Curcio Sue Curcio, West Covina resident, supported Athens Services
speaking highly of Athens' community involvement.
Bill Schafer Bill Schafer, West Covina resident, spoke in opposition to
extending contract at this time without looking to explore all
options with other companies.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed Councilmeinber
Sotelo's request to agendize term limits for Councilmembers and
spoke in support of a cap on campaign spending.
Philip Moreno Philip Moreno, West Covina resident, addressed Athens' proposal
and Council's decisions.
Darlene Gallo Darlene Gallo, West Covina resident, spoke in support of Athens'
proposal for their community sponsored activities.
Forrest Wilkins Forrest Wilkins, West Covina resident, addressed Athens Service
and campaign contributions to councilmembers stating the City can
do better for rates.
Brandy Johnson Brandy Johnson, West Covina resident, spoke in support of Athens
and their customer service.
Dora Castro Dora Castro, West Covina resident, supports Athens' proposal and
complimented their drivers and customer services.
Gary Lawson Gary Lawson, Diamond Bar resident, spoke in support of Athens
Services and their community involvement; spoke in support of the
Discover Newsletter.
Irma Wicochea Irma Wicochea, West Covina resident, spoke in support of Athens
Services and the current proposal.
Tom O'Donnell Tom O'Donnell, West Covina resident, spoke in support of the
City Council and support of Athens Services for their community
support.
Liz Sanchez Liz Sanchez, West Covina resident, spoke in support of Athens
Services and their performance.
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City Council Minutes of October 16, 2012
Andrew McIntyre Andrew McIntyre, West Covina resident and with McIntyre Co.,
spoke in support of Athens service and of their community
involvement.
Juan Reinoso Juan Reinoso, West Covina resident, stated service is not the issue
with Athens but about competitive bidding; addressed recent
public records act request which he was denied.
Steve Bennett Steve Bennett, West Covina resident, addressed service from
Athens and spoke in support of the contract; their involvement in
community groups; franchise fees; and campaign funds.
James Toma James Toma, West Covina resident, addressed concerns with a 25
year contract with an evergreen clause and an unsolicited offer;
addressed a clause in the 4t" contract amendment involving
penalties if City cancels the evergreen term and urged Council to
not extend the contract without negotiating or looking into the
current contract and making revisions.
Gary Villaloboz Gary Villaloboz, West Covina resident, spoke in support of Athens
Services and the long-term contract in order to provide funding for
youth sports and community events.
Cassandra Carrillo Cassandra Carrillo, West Covina resident, spoke in support of
Athens and Athens' proposal.
Deputy City Manager Chris Freeland responded to comments
regarding the Blue Star Program and the Veterans' Memorial
providing details and an update.
City Manager Pasmant responded to a speaker's question
regarding Council meetings [holding a meeting on the night of the
Presidential debate and on election day] and reiterated that
meetings are held the 1st and 3rd Tuesday of the month unless the
Council cancels a meeting.
Councilmember Sykes inquired into a speaker's denial of records
through the Public Records Act process.
City Attorney Alvarez-Glasman responded.
CONSENT CALENDAR Mayor Touhey requested that Item #6 Foothill Transit Center and
Park & Ride Facility Memorandum of Understanding — include a
labor agreement.
City Manager Pasmant stated the Foothill Transit staff
responded affirmatively.
Councilmember Herfert requested that Item #7 Registration,
Maintenance and Security of Properties in Foreclosure
Ordinance be pulled for separate consideration, and commented
on. Item #8, Selection of Construction Management Consultant
for Amar Road and Azusa Avenue Intersection Improvements
(City Project Nos. SP-07101 and SP-10101, Federal Project Nos.
HPLUL-5259[0140 and STPL-5259[0141,) that he would support
and vote for the matter to move it forward but did not support the
concept of three lanes turning left in each direction.
Approval of Meeting Minutes (receive & file)
1) Special City Council Meeting Minutes of July 17, 2012
Minutes Regular City Council Meeting Minutes of July 17, 2012
Special City Council Meeting Minutes of August 1, 2012
Commission Summary of Actions (receive & file)
2) Summary of Actions Planning Commission — October 9, 2012
City Council Minutes of October 16, 2012
Claims Against the City
3) 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.
• Jacqueline Covarrubias vs. City of West Covina
• Juan & Herminia Espinoza vs. City of West Covina
Treasurer's Report (receive & file)
4) City Treasurer's Report City Treasurer's Report for the Month of August 2012
City Manager's Office
5) Amendment to the Post Retirement Employment Agreement — City
City Manager Contract Manager
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,
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.
This item to include a labor agreement per Mayor Touhey's
request and concurrence by Foothill Transit
6) Foothill Transit Center and Park & Ride Facility Memorandum of
Foothill Transit Park & Ride Understanding
Recommendation is that the City Council approve the attached
Memorandum of Understanding between the City of West Covina,
Foothill Transit, and Westfield for the construction of a transit
center and park & ride facility at the Westfield West Covina
Shopping Center.
-This item was pulled for separate consideration
Public Works
7) Registration, Maintenance and Security of Properties in
Foreclosure Ordinance Foreclosure Ordinance
Recommendation is that the City Council take the following
actions:
1. Introduce the following ordinance amending Chapter 15 of the
City of West Covina Municipal Code by adding Article XIII
requiring the registration, maintenance and security of
properties in foreclosure:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER
15 OF THE MUNICIPAL CODE TO REQUIRE
REGISTRATION, MAINTENANCE AND SECURITY OF
PROPERTIES IN FORECLOSURE
2. Direct the City Manager or his designee to negotiate and
execute a contract with Nationwide Cost Recovery Services of
Diamond Bar, California to administer this ordinance.
g) Selection of Construction Management Consultant for Amar Road
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City Council Minutes of October 16, 2012
Amar Road and Azusa Avenue and Azusa Avenue Intersection Improvements (City Project Nos.
Intersection Improvements SP-07101 and SP-10101, Federal Project Nos. HPLUL-5259[014]
Consultant and STPL-5259[014])
Recommendation is that the City Council accept the proposal of
Pacifica Services, Inc. of Pasadena, California in an amount of
$97,750 and authorize the Public Works Director/City Engineer to
execute an agreement with said firm for the work to be done.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sotelo to approve all items
listed on the Consent Calendar as presented except Item #7
Registration, Maintenance and Security of Properties in
Foreclosure Ordinance. In addition, Item #6 Foothill Transit
Center and Park & Ride Facility Memorandum of
Understanding — includes Mayor Touhey's request that the MOU
should include a labor agreement.
Motion carried by 4 — 0.
Item #7 Registration, Maintenance and Security of Properties ill
Foreclosure Ordinance
Public Works Direct Shannon Yauchzee gave a brief report stating
that due to the economic downturn, foreclosed properties are not
being maintained and they have become blighted eyesores. Staff
has developed an ordinance to require banks and beneficiaries of
these properties to register and maintain foreclosed properties.
Yauchzee added that using a consultant would eliminate the need
to hire additional staff, that it includes a sunset clause and any fees
would cover costs of inspections and cost of administration.
Yauchzee then offered to answer any questions.
City Manager Pasmant added that currently, there are 270
properties in foreclosure in the City.
Motion Motion by Herfert and seconded by Sykes to approve:
I . Introduction of the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA AMENDING CHAPTER 15 OF THE
MUNICIPAL CODE TO REQUIRE REGISTRATION,
MAINTENANCE AND SECURITY OF PROPERTIES IN
FORECLOSURE
2. Directing the City Manager or his designee to negotiate and
execute a contract with Nationwide Cost Recovery Services of
Diamond Bar, California to administer the ordinance.
Motion carried by 4 — 0.
DEPARTMENTAL REGULAR MATTERS
City Manager's Office
9) Athens Services Waste Collection Contract Review
Athens Contract Review Deputy City Manager Freeland provided a background of the
Athens Contract, the amendments and rates including the major
points contained within the amendments since 1999. Freeland also
gave an overview of benefits provided by the Athens contract such
as ensuring the City meets the State mandate to divert waste now
and in the future; ensuring the City has access to future landfill
space; and, Athens' contributions to community events. He also
explained components of the rates; the sources of unavoidable
increases; and the difficulty in comparing rates and services with
other companies' contracts with other cities and the uncertainty of
the future of trash disposal. He then offered to answer any
questions.
Council discussion Councilmembers expressed their views regarding this matter.
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City Council Minutes of October 16, 2012
Councilmember Sykes expressed concerns with the
evergreen agreement and options that were not addressed, and
Council's lack of control of the contract.
Motion Motion by Herfert and seconded by Sotelo to adopt Amendment
No. 9 to the Amended and Restated Agreement Between the City
of West Covina and Arakelian Enterprises, Inc. DBA Athens
Services for the Collection of Solid Waste Recyclables, Yard
Wastes and other Compostables, which includes the following:
• Term of the Amendment commences on November 1, 2012
and expires November 1, 2037 with a provision for a 25 year
Evergreen Clause.
• Contractor agrees to pay to City a one-time payment of
$2,000,000 to be deposited in the City's general fund within 5
business days after the execution of this Amendment.
• Contractor agrees to make an annual donation of $100,000 per
year to be earmarked as follows: $30,000 for the Fourth of
July event; $20,000 for the Summer Concert Series; and,
$50,000 for the SWAT Team.
Motion carried by 3 — 1 (Sykes — No).
Public Works Department
10) Nationwide Environmental Services' Request for 15 Year
Nationwide Environmental Svcs Evergreen Term
Public Works Director Shannon Yauchzee provided a brief
summary of this contract for street sweeping services. Currently,
the contract is a seven year rolling contract that includes automatic
increases for CPI and Landfill Tipping fees. The company
proposes to freeze the CPI increases for two (2) years and provide
additional street sweeping services at intersections and center
medians in exchange for extending the seven (7) year rolling
contract to fifteen (15) years. This would provide a savings to the
City of between $35,000 to $70,000 over two years and would
compound over future years to between $300,000 and $500,000,
depending on the CPI index.
Council discussion Councilmembers expressed their views regarding extending the
street sweeping contract for another 8 years with Councilmember
Sykes expressing concerns with the increased rolling contract years
and stated he would not support this extension to the contract.
Motion Motion by Herfert and seconded by Sotelo to approve Nationwide
Environmental Services proposal for an additional eight year
extension for a total of 15 year rolling term in return for:
• Forego CPI increases until July 2015
• Increase frequency of sweeping for all center medians from
twice a month to once a week
• Sweep all major intersections once a week instead of as needed
Motion carried by 3 -1 (Sykes — No).
SUCCESSOR AGENCY Mayor Touhey recessed the City Council meeting at 10:02 p.m. to
convene the Successor Agency meeting. Mayor Touhey
reconvened the City Council meeting at 10:03 p.m. with all
members present.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
Request from Councilmember Robert Sotelo Requesting the
City Council to Instruct City Staff to Prepare a Report
Summarizing the Process and Procedure to Implement City
Councilmember Term Limits
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City Council Minutes of October 16, 2011
11) City Council Term Limits Cotncilmember Sotelo requested that staff bring back a report on
City Council term limits to include what other cities have done and
the implementation process.
Deputy City Manager Freeland briefly explained staff's
process for bringing back a report in response to a Councilmember
request.
Motion Motion by Sotelo and seconded by Herfert to bring back a report
on Council term limits.
Motion carried by 4 — 0.
CHANGE TO AGENDA Mayor Touhey announced a need to add an item to the Agenda that
arose after the Agenda was posted.
Motion Motion by Herfert and seconded by Sykes to agendize discussion
on canceling the November 6, 2012 Regular Council meeting due
to the Presidential Election.
Motion carried by 4 — 0
CANCELING NOVEMBER 6, Mayor Touhey asked that the City Council meeting of November
2012 COUNCIL MEETING 6, 2012 be canceled due to the U.S. Presidential Election.
Motion Motion by Touhey and seconded by Herfert to cancel the
November 6, 2012 Council Meeting due to the Presidential
Election that falls on the same day.
Motion carried by 4 — 0.
ADJOURNMENT Motion by Touhey to adjourn the meeting at 10:07 p.m. in memory
of the following individuals who passed away recently:
• Michael Shott, father of Public Works employee Mike Shott
• Adele Hammil, mother of Public Works employee Bruce
Hammil
• Cheryl Ortiz, wife of Irwindale Councilmember Manuel Ortiz
• Barbara Barela, wife of former Irwindale Mayor Larry Barela
Submitted by:
, ssistaiit`City,.0 erk; Susan Rush
In
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Ma or ichael Touhe
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