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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. 4 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. 3 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 5 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. 6 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 7 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 Ito Ma or ichael Touhe 8