01-20-2015 - Item 1 - September 16, 2014 Special & Regular Meeting Minutes & October 7, 2014 Special & Regular Meeting Minutes•
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Cit>> of West Covina
Memorandum
AGENDA
MINUTES
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
September 16, 2014
ITEM NO. I
DATE January 20, 2015
Mayor Pro Tern Sykes called to order the special meeting of the West Covina City Council at 5:55 p.m.
in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina.
ROLL CALL Mayor Pro Tern Sykes
Councilmembers Spence, Toma, Warshaw
Others Present: Chung, Lee, Barlow, McKay (Chung, Lee and McKay not present during
Existing Litigation — Dominguez v. City of West Covina and Chung
discussion)
PUBLIC COMMENT ON ITEMS ON THE AGENDA No comments offered.
CLOSED SESSION Mayor Pro Tem Sykes commenced the closed session at 6:00 p.m. to
discuss the following matter(s):
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code & 54957.6
City Negotiators: Chung, McKay
• Employee Organizations
- Confidential Employees
- General Employees
- Maintenance & Crafts Employees
- Mid -Management Employees
- Non -Sworn Safety Support Employees
- W.C. Police Officers' Association
- W.C. Police Management Association
- W. C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, I.A.F.F., Local 3226
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Deborah D. Dominguez v. City of West Covina, Chris Chung
CONFERENCE WITf-I LEGAL COUNSEL — ANTICIPATED
LITIGATION
Pursuant to Government Code S 54956.9(d)(2)
One Matter
ADJOURNMENT Meeting adjourned at 7:00 p.m.
Submitted by
Assistant City Clerk Susan Rush
Mayor Pro Tern Fredrick Sykes
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City Council Minutes of September 16, 2014
AMENDING THE CITY OF WEST COVINA MUNICIPAL
CODE TO PROHIBIT THE OPERATION AND
ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES
Ordinances for Adoption
4) Restrict Public Nuisance Vehicle Parking
Nuisance Vehicle Parking Recommendation is that the City Council waive further reading
and adopt the following ordinance:
Ordinance No. 2266 ORDINANCE NO. 2266 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
REPEALING AND REPLACING SECTION 22-192 OF
ARTICLE V (STOPPING, STANDING AND PARKING) OF
CHAPTER 22 (TRAFFIC REGULATIONS) OF THE WEST
COVINA MUNICIPAL CODE PROHIBITING THE STOPPING,
PARKING, OR STANDING OF NUISANCE VEHICLES UPON
ANY STREET IN RESIDENTIAL ZONES
This item removed fi-om the Consent Calendar for separate
consideration
Award of Bid
Award of Bid for the Los Angeles County Regional Park and Open
i) Tree Planting Grant Space District Tree Planting Grant
Recommendation is that the City Council take the following
action:
I. Award the Bid to West Coast Arborists, Inc. in the amount of
$30,300 for the installation of 169 trees in ten (10) City parks,
and authorize the Mayor to execute the contract.
2. Approve a 10% contingency in the amount of $3,030 and
authorize the Interim Public Works Director/City Engineer to
approve change orders up to the amount of the contingency.
City Attorney's Office
6) Cooperative Agreement between City and Successor Agency to the
Cooperative Agreement City/ West Covina Redevelopment Agency
Successor Agency Recommendation is that the City Council approve the Cooperative
Agreement between the City and Successor Agency to the West
Covina Redevelopment Agency providing for reimbursement of
City costs incurred on behalf of the Successor Agency.
7) City Clerk's Office
Biennial Review Biennial Review of the City's Conflict of Interest Codes
Recommendation is that the City Council adopt the following
resolutions amending the Conflict of Interest Codes for the City of
West Covina, the West Covina Community Development
Commission and the Successor Agency to the West Covina
Redevelopment Agency:
Resolution No. 2014-40 RESOLUTION NO. 2014-40 — 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. 2014-41 RESOLUTION NO. 2014-41 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING THE CONFLICT OF INTEREST CODE FOR THE
COMMUNITY DEVELOPMENT COMMISSION
Resolution No. 2014-42 RESOLUTION NO. 2014-42 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
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City Council Minutes of September 16, 2014
AMENDING THE CONFLICT OF INTEREST CODE FOR THE
SUCCESSOR AGENCY TO THE WEST COVINA
REDEVELOPMENT AGENCY
8) Community Services Department
St. Christopher's Church Permit Co -Sponsorship of St. Christopher's Church Fall Carnival &
Festival
Recommendation is that the City Council take the following
actions:
I. Approve the co-sponsorship of St. Christopher's Church's Fall
Carnival & Festival on October 17-19, 2014; and
2. Authorize the City Manager to waive the Temporary Use
Permit, Fire Permit, Showmobile Rental, and the Public Right
Away Banner Installation Fee.
9) Extension of Bus Shelter Advertising Agreement with Clear
Bus Shelter Advertising Channel Outdoor, Inc.
Recommendation is that the City Council take the following
actions:
1. Approve a one (1) year extension, through June 30, 2015, with
Clear Channel Outdoor, Inc. to provide bus shelter
advertising; and
2. Authorize the Mayor to execute up to four (4) additional one
year extensions, upon successful completion of the terms of
the agreement.
10) Co -Sponsorship of Plaza West Covina/Los Angeles County Office
County Holiday Hiring of Education Holiday Hiring Space
Recommendation is that the City Council receive and direct staff to
submit the Housing Element Annual Progress Report (2007-2014)
to the California Department of Housing and Community
Development (FICD) as required by the State of California
11) Planning Department
Housing Element Housing Element Annual Progress Report (2007-2014)
Recommendation is that the City Council receive and direct staff to
submit the Housing Element Annual Progress Report (2007-2014)
to the California Department of Housing and Community
Development (I-ICD) as required by the State of California.
Police Department
12) 2013 State Homeland Security Grant Program (SHSGP) Funds for
Homeland Security Grant Vehicle -Mounted Police Radios
Recommendation is that the City Council accept and appropriate
the 2013 State Homeland Security Grant Program (SI-ISGP) grant
totaling $150,000 into 227.31.3110.7160 for police vehicle -
mounted radios.
13) Private Grant from Kaiser Pemranente for Domestic Violence
Domestic Violence Grant Victim Services
Recommendation is that the City Council accept the new Kaiser
Permanente grant and appropriate the $2,500 grant as follows:
• $1,500 into 221.31.3113.5113 for overtime
• $1,000 into 221.31.3113.6050 for training
This item removed f -oin the Consent Calendar for separate
consideration.
Extension of Service Contract with Nationwide Cost Recovery
Services through December 31, 2014 to Administer Existing
14) Foreclosure Ordinance
City Council Minutes of September 16, 2014
Foreclosure Cost Recovery Contract Recommendation is that the City Council take the following
actions:
1. Authorize the Mayor to sign and execute a contract extension
with Nationwide Cost Recovery Services of Diamond Bar,
CA to continue the ongoing program of registering and
monitoring foreclosed residential properties through
December 31, 2014;
2. Authorize City staff to execute a Purchase Order agreement
through December 31, 2014, of up to $47,500 with
Nationwide Cost Recovery Services, using funds already
budgeted in 110.31.3125.6110.
3. Direct City staff to prepare a Request for Proposals (RFP) for
Registering and Monitoring Foreclosed Residential Properties
for City Council approval and issuance.
Award of Bid — Professional Services Agreement with All City
15) Management Services for City Crossing Guard Services
Crossing Guards Recommendation is that the City Council:
I. Find that All City Management Services of Santa Fe Springs,
California, is the sole responsive and qualified bidder for the
contracting of City Crossing Guard Services;
2. Approve a Professional Services Agreement with All City
Management Services in substantial form, for approximately
$471,139 over three years, and Authorize the Mayor of the
City of West Covina to execute the agreement, and
3. Direct the Finance Department to transfer Fiscal Year 2014-15
funds in the amount of $143,846 from account
110.31.3121.5112 (part-time salaries) to account
110.3 1.3 121.6120 (contractual services).
CONSENT CALENDAR MOTION Motion by Spence and seconded by Warshaw to approve all items
listed on the Consent Calendar as presented except Item #5 —
Award of Bid for the Los Angeles County Regional Park and Open
Space District Tree Planting Grant— (Project No. PP-14203; Item
414 — Extension of Service Contract n4th Nationwide Cost
Recovery Services through December 31, 2014 to Administer
Existing Foreclosure Ordinance.
Motion carried 4 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw
NOES: Spence (Item 3 and Item 4)
ABSENT: IIerfert
Item 5 Award of Bid for the Los Angeles County Regional Park and
Open Space District Tree Planting Grant — (Project No. PP-
14203
Councilmember Toma had questions regarding the wide difference
in bids submitted, the reason for the 10% contingency and how the
youth referenced would be used.
Interim Public Works Director Chris Vogt responded to his
questions.
Motion Motion by Toma and seconded by Warshaw to approve the
following:
1. Award the Bid to West Coast Arborists, Inc. in the amount of
$30,300 for the installation of 169 trees in ten (10 City parks,
and authorize the Mayor to execute the contract.
2. Approve a 10% contingency in the amount of $3,030 and
authorize the Interim Public Works Director/City Engineer to
approve change orders up to the amount of the contingency.
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City Council Minutes of September 16, 2014
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Itenr 14 Extension of Service Contract ivith Nationwide Cost Recovery
Services through December 31, 2014 to Administer Existing
Foreclosure Ordinance
Councilmember Toma had questions regarding the company's
performance and progress to address the problems connected with
foreclosed properties that are not maintained while vacant.
Police Chief Faulkner addressed his questions regarding the
contractor's performance and the trend in foreclosures in the City
stating they should decline as the economy improves.
Motion Motion by Toma and seconded by Spence to approve the
following:
1. Authorize the Mayor to sign and execute a contract extension
with Nationwide Cost Recovery Services of Diamond Bar,
CA to continue the ongoing program of registering and
monitoring foreclosed residential properties through
December 31, 2014;
2. Authorize City staff to execute a Purchase Order agreement
through December 31, 2014, of up to $47,500 with
Nationwide Cost Recovery Services, using funds already
budgeted in 110.31.3125.6110.
3. Direct City staff to prepare a Request for Proposals (RFP) for
Registering and Monitoring Foreclosed Residential Properties
for City Council approval and issuance.
PUBLIC HEARINGS
Public Hearing
Code Amendment No. 13-04
Commercial Parking Standards
16) General Exemption
Parking Standards Mayor Pro Tem Sykes announced the hearing matter and Assistant
City Clerk Rush verified that proper legal notice had been given.
Planning Director Anderson made the presentation of the item
reporting how the matter was initiated by the Planning
Commission when they reviewed the types of variances that had
been applied for since 2007, which focused their attention on the
numerous deviations from commercial parking standards.
Anderson reported on their steps of reviewing the matter that
included two study sessions and the research conducted. Anderson
then presented the Commission's findings and recommended
revisions to the code and then offered to answer questions.
Open testimony Mayor Pro Tem Sykes opened the public testimony portion of the
hearing and called for public comment.
Close testimony With no one wishing to address Council, Mayor Pro Tem Sykes
closed the public comment portion of the hearing.
Council discussion Councilmembers engaged in lengthy discussion on the impact to
businesses. Planning Director Anderson responded to their
questions.
Motion Motion by Warshaw to remove the weight class and the automatic
reductions.
Motion failed due to lack of a second.
Councilmember Spence asked if staff had consulted
businesses for input during their research and Anderson responded.
Due to concerns for the effect on businesses, Councilmember
Spence made a substitute motion.
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City Council Minutes of September 16, 2014
Substitute motion Motion by Spence and seconded by Sykes to send the matter back
to the Planning Commission and obtain input from the business
community.
Motion carried 4 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw
NOES: None
ABSENT: Herfert
SUCCESSOR AGENCY Mayor Pro Tern Sykes recessed the City Council meeting at 8:45
p.m. to convene the Successor Agency Meeting.
The City Council reconvened at 8:46 p.m. with all
members present except Mayor Herfert.
AB 1234 Conference and Meeting Report
Councilmember Spence reported his attendance at the League of
California Cities conference and gave a brief summary of his visit.
Councilmember Toma also attended the League's
conference and reported on some of the workshops he attended.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
Mayor Pro Tent Fredrick Sykes
Request from Mayor Pro Tenn Fredrick Sykes Requesting the City
Council's Support to Instruct City Staff to Prepare a Request for
Proposal for Graffiti Abatement Services; and, Request Staff to
Prepare a Report on How the Process Changed from the City
Abating Graffiti on Edison Poles to Edison Only Being ble to
17) Graffiti RFP Abate Graffiti on Edison Poles
Mayor Pro Tern Sykes stated his concerns for the
underperformance of the current contractor and the removal of
graffiti from Southern California Edison -owned utility light poles.
Police Chief Faulkner provided the Graffiti abatement
statistics in the City and addressed the contractor's performance.
Discussion ensued regarding the Graffiti Removal
contractor's record of performance and the specifics of the contract
regarding Southern California Edison utility poles.
Motion Motion by Toina and seconded by Sykes to have a report on the
history of the contract and the change that occurred in the current
contract regarding the removal of Graffiti on Southern California
Edison utility poles.
Motion failed 2 — 2 by the following Roll Call vote:
AYES: Toma, Sykes
NOES: Spence, Warshaw
ABSENT: Flerfert
No further action taken on this item.
COUNCILMEMBER COMMENTS
Councilmember Spence expressed thanks to the Community
Services staff and their work with the Youth Council on the South
Hills/West Covina foothill rally; suggested that the City look into
traffic lights synchronization with CalTrans during their local work
on the freeway expansion; and addressed the San Gabriel Valley
Mosquito Abatement website.
Councilmember Tonna also thanked the Community
Services staff for the event with the community and urged
residents to participate in Community Services Day on October 0i.
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City Council Minutes of September 16, 2014
Councilmember Warshaw thanked the Community
Development Commission on the Ribbon Cutting of the new Ford
Dealership.
ADJOURNMENT Motion by Warshaw and seconded by Toma to adjourn the meeting
at 9:29 p.m. Motion carried by 4 — 0.
Submitted by:
Assistant City Clerk Susan Rush
Mayor Steve Flerfert
MINUTES
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
October 7, 2014
Mayor Herfert called to order the special meeting of the West Covina City Council at 6:00 p.m. in the
City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina.
ROLL CALL Mayor Herfert, Mayor Pro Tern Sykes
Councilmembers Spence, Toma (arrived at 6:03), Warshaw
Others Present: Chung, Lee, Barlow
PUBLIC COMMENT ON ITEMS ON THE AGENDA
Glenn Dassiff Glemt Dassiff, legal counsel for Starwood commented on the Anticipated
Litigation matter.
CLOSED SESSION Mayor Herfert commenced the closed session at 6:05 p.m. to discuss the
following matter(s):
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code & 54956.9(d)(1)
Deborah D. Dominguez v. City of West Covina, Chris Chung
CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION
Pursuant to Government Code 54956.9(d)(1)
Major Whitlock v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Inland Oversight Committee v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED
LITIGATION
Pursuant to Government Code $ 54956.9(d)(2)
One Matter
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code & 54957
Title: City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code S 54956.8
Property: 1815 S. Azusa Avenue, West Covina 91792
2650 E. Shadow Oak Drive, West Covina 91792
Agency Negotiator: Chung, Lee, Freeland, Faulkner, Barlow
Negotiating Parties: LA-RICS
Under Negotiations: Terms of Lease
CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION
Pursuant to Government Code $ 54956.9(d)(1)
Deborah D. Dominguez v. City of West Covina, Chris Chung
RECESS The City Council recessed the special meeting at 7:00 to convene the
regular City Council meeting in the Council Chambers. The City Council
reconvened the special meeting at 10:27 p.m. with all councilmembers
present.
Special City Council McPg
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October 7, 2014
ADJOURNMENT
Submitted by
Meeting adjourned at 10:50 p.m.
Assistant City Clerk Susan Rush
Mayor Steve Herfert
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 7, 2014
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:06 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Samuel Martinez
Community Faith Center
PLEDGE OF ALLEGIANCE, Councilmember Corey Warshaw
ROLL CALL Mayor Herfert, Mayor Pro Tent Sykes
Councilmembers Spence, Toma, Warshaw
REPORTING OUT FROM CLOSED SESSION
City Attorney Kimberly Hall Barlow announced that
direction was given with no reportable action in Closed Session.
[City Closed Session items:
Items on the City Council Agenda:
Conference with Legal Counsel — Existing Litigation —
Deborah D. Dominguez v. City of West Covina, Chris Chung
Conference with Legal Counsel — Existing Litigation —
Major Whillock v. City of Wesl Covina
Conference ivith Legal Counsel — Existing Litigation —
Inland Oversight Committee v. City of West Covina
Conference wilh Legal Counsel — Anticipated Litigation —
One Matter
Public Employee Performance Evaluation — Title: City
Manager
Conference ivith Real Property Negotiators — Property:
1815 S. Azusa Avenue, West Covina 91792 and 2650 E. Shadow
Oak Drive, West Covina 91792 — Agency Negotiator: Chung, Lee,
Freeland, Faulkner, Barlow — Negotiating Parties — LA-RICS
Under Negotiation — Ternns of Lease
Conference with Legal Counsel — Existing Litigation — City
of West Covina v. Hassen Imports Partnership, et al., Los Angeles
Superior Court Case No. KC048157; 117 re Hassen Imports
Partnership, Debtor, United States Bankruptcy Court Case No.
2.11-bk-42068-ER; In re Hassen Imports Partnership, Debtor,
United States District Court Case No. 2:13-cv-07532-CAS
Items on the Successor Agency Agenda:
Conference with Legal Counsel — Anticipated Litigation —
One Matter
Conference with Legal Counsel — Existing Litigation — Ciry
of [Vest Covina v. Hassen Imports Partnership, et al., Los Angeles
Superior Court Case No. KC048157; In re Hassen Imports
Partnership, Debtor, United States Bankruptcy Court Case No.
2:11-bk-42068-ER; In re Hassen Imports Partnership; Debtor,
United States District Court Case No. 2:13-cv-07532-CAS]
CHANGES TO THE AGENDA None
PRESENTATIONS Mayor Herfert called forward Grand Knight Oscar Suquett of the
Knights of Columbus — Father Maguire Council #3851. and
Luanne Arredondo, Fundraising Chair, for the City of West
Covina's Special Olympics Host Town Committee who presented
the City with a Check for $5,000 towards the City of West
Covina's Special Olympics Host Town Program.
City Council Minutes of October 7, 2014
Mayor Herfert called forward John Lee, Manager of the Dukes
14U Team to receive certificates of recognition for their
Championship at the USA Baseball National West Tournament in
2014.
Mayor Herfert called forward Robert Mullen, Manager of the
Pacific Coast Little League Senior Division All -Stars, to receive
certificates of recognition for winning the District 19 and Section 3
Championships.
ORAL COMMUNICATIONS
Dana Sykes Dana Sykes, West Covina resident, addressed tour bus traffic
issues; graffiti issues; and thanked the Police Department for
addressing a traffic issue.
Margaret Clark Margaret Clark, Rosemead Mayor Pro Tem, asked for Council's
support for her appointment to San Gabriel Basin Water Quality
Authority Board representing cities without pumping rights.
Louis Aquinagua Louis Aguinagua, South El Monte Mayor, requested Council's
Support for his re -appointment to San Gabriel Basin Water Quality
Authority Board to represent West Covina.
John Shewmaker John Shewmaker, West Covina resident, spoke on granting contact
signature authority. to the City Manager; addressed continuing
expenditures for a lawsuit that has been settled; and addressed the
numerous employees who have recently separated from
employment with the City.
Lola Finley Lola Finley, West Covina resident, addressed her concern and
requested clarification of text in Staff Report #7 regarding
maintenance requests she has made.
Wen Wen Zhang Wen Wen Zhang, West Covina Library Manager, addressed library
events including expanded library hours.
William Elliot William Elliot, West Covina resident, addressed comments by
another speaker, encouraged all residents to attend City Council
meetings; addressed concern over the leadership of the City
Council and the effects to the City; addressed the current policy
regarding second amendment rights and concealed weapons in the
City.
Trudy Saltmarsh Trudy Saltmarsh, West Covina resident, addressed: crime in her
neighborhood; the lighting installed in her neighborhood that is
addressed in Staff Report 47 to reduce crime; and the drought and
inability to maintain green lawns.
Irene Fleck Irene Fleck, West Covina resident representing West Covina
Library complimented West Covina Community Services Day.
Shannon Yauchzee Shannon Yauchzee, former City employee, addressed misleading
statements regarding comments in Item 47.
Phil Kaufman Phil Kaufman, West Covina resident, addressed Item #6
commenting on attorney -client retainer agreements and Item #5 —
thanked the City and staff for the stop sign at Theresa and Hartley.
Lloyd Johnson Lloyd Johnson, West Covina resident, spoke in support of
COr[ncilmember Corey Warshaw's request to support the donation
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City Council Minutes of October 7, 2014
of paint through volunteers for the painting of City walls to match
colors.
City Manager Chung addressed comments regarding resident's
concerns.
CONSENT CALENDAR Councilmember Toma requested that Item #4 — Award of Bid for
Recreational Transportation Service, and Item #7 Agreement for
Professional Services — lnterwest Consulting Group, Inc.; and,
Councilmember Warshaw requested that Item #8 Loan Agreement
Concerning Litigation Fees Incurred for the ROPS Periods of
February 2012 to June 2012, July 2012 to December 2012, and
January 2014 to June 2014 Which Exceeded the Litigation Cost
Estimates for Those Same Periods and Item #9 Partnership with
the Greater West Covina Business Association for the 2015
Summer Concert Series, be removed from the consent calendar for
separate consideration.
Approval of Meeting Minutes (receive & tile)
1) Minutes Special City Council Meeting Minutes of June 17, 2014
Regular City Council Meeting Minutes of June 17, 2014
Commission Summary of Actions
2) Planning Conunission Summary of Action of September 23, 2014
3) Cornmmnity/Senior Commission Summary of Action of July 8, 2014
Item #4 nvas removed from the Consent Calendar for separate
consideration.
Award of Bid
4) Award of Bid for Recreational Transportation Service
Recreational Transportation Recommendation is that the City Council take the following
actions:
1. Accept the bids from Student Transportation of America
(Goleta, California) and Shalimar Tours & Charter (Ontario,
California) as submitted at the bid opening on September 17,
2014; and
2. Authorize the Mayor to execute the respective three (3) year
agreements with the ability to extend on a year-to-year basis
for up to two (2) additional years, upon successful completion
of the terms of the agreement, per Purchasing Specification
0814-D.
Traffic Committee Meeting Minutes (accept & file)
5) Traffic Committee Minutes — Meeting of September 16. 2014
Traffic Committee L Request .
Marc Trovatore, Edgewood High School Principal
That a passenger -loading zone for school days be established at
Edgewood High School on the west side of Trojan Way.
Traffic Committee Recommendation:
That a passenger -loading zone for school days be established at
Edgewood High School on the west side of Trojan Way.
II. Request:
Phil ICnufinmr, (Vest Covina Resident
That a stop sign be installed on the minor street approaches at the
intersection of Hartley Street and Teresa Street.
Traffic Committee Recommendation:
That a stop sign be installed on westbound Teresa Street and
Hartley Street.
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City Council Minutes of October 7, 2014
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6) City Attorney's Office
Brown Act Violation in Connection City Council Consideration of a Letter Contending Violation of the
Recommendation is that the City Council find the approval of the
jones & Mayer Retainer Agreement was in compliance with the
Ralph M. Brown Act.
Item 97 iras removed from the Consent Calendar for separate
consideration.
City Manager's Office
7) Agreement for Professional Services — Interwest Consulting Group
Interim Public Works Director Svcs. Inc.
Recommendation is that the City Council:
1. Approve Amendment No. 1 to the Agreement for
Professional Services with Interwest Consulting Group Inc.
for $145 per hour not to exceed $70,000; and
2. Authorize the Mayor to execute the Amendment to the
Original Agreement for Professional Services.
Item 48 was removed _fr•orn the Consent Calendar for separate
consideration.
Community Development Commission
Loan Agreement Concerning Litigation Fees Incurred for the
ROPS Periods of February 2012 to June 2012, July 2012 to
December 2012, and January 2014 to June 2014 Which Exceeded
8) the Litigation Cost Estimates for Those Same Periods
ROPS Litigation Fees Loan Recommendation is that the City council approve the Loan
Agreement concerning Litigation Fees incurred for- the ROPS
periods of February 2012 to June 2012, July 2012 to December
2012, and January 2014 to June 2014 which exceeded that
litigation cost estimates for those same periods.
Item 49 ivas removed from the Consent Calendar for separate
consideration.
Community Services Department
9) Partnership with the Greater West Covina Business Association for
Summer Concerts the 2015 Summer Concert Series
Recommendation is that the City Council take the following
actions:
1. Approve the partnership with the Greater West Covina
Business Association (GWC) to provide the 2015 Summer
Concert Series at the Civic Center; and
2. Authorize the Mayor to execute an agreement with the GWC to
manage the 2015 Summer Concert Series at a cost not to
exceed $16,100, with funds identified in the West Covina
Community Services Foundation.
10) Waiver of Rees for West Covina Bruins Football Halloween Parent
Fee Waiver— WC Bruins Mixer Mixer and the End of the Year Banquet
Recommendation is that the City Council authorize the City
Manager to waive up to 50% of the rental fee for Shadow Oak
Comrunity Center for West Covina Bruins Football Halloween
Parent Mixer and their End of the Year Banquet.
Planning Department
11) Consideration of Resolution Rescinding Project Approvals for
Rescinding CUP 14-07 Project Conditional Use Permit No. 14-07
Recommendation is that the City Council adopt the following
resolution setting aside and vacating the project approvals
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City Council Minutes of October 7, 2014
previously approved by the City Council relating to the
Conditional Use Permit No. 14-07:
Resolution No. 2014-43 RESOLUTION NO. 2014-43 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING ASIDE AND VACATING CITY COUNCIL
RESOLUTION 2014-35
Further recommendation that the City Council direct staff to
reschedule and re -notice the public hearing on the appeal to the
next available City Council meeting without charging the applicant
for the re -noticing.
Public Works Department
12) CalRecycle — Local Enforcement Agency Program (LEA) —
LEA Hearing Officer Qualifications and Procedures for Appointing a Hearing Officer
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2014-44 RESOLUTION NO. 2014-44 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
RESCINDING SECTION 3 OF RESOLUTION NO. 8807 AND
ESTABLISHING THE QUALIFICATIONS AND
PROCEDURES FOR THE APPOINTMENT OF A HEARING
OFFICER FOR THE APPEALS ARISING FROM THE LOCAL
ENFORCEMENT AGENCY
CONSENT CALENDAR MOTION Motion by Warshaw and seconded by Sykes to approve all items
listed on the Consent Calendar as presented except Item #4 Award
of Bid for Recreational Transportation Service, Item #7 Agreement
for Professional Services — Interwest Consulting Group Inc., Item
#8 Loan Agreement Concerning Litigation Fees Incurred for the
ROPS Periods of February 2012 to June 2012, July 2012 to
December 2012, and January 2014 to June 2014 Which Exceeded
the Litigation Cost Estimates for Those Same Periods, and Item
99. Partnership with the Greater West Covina Business
Association for the 2015 Summer Concert Series.
Motion carried 5 - 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Item #4 Aivard of Bid for Recreational Transportation Service
Councilinember Toma had questions regarding the few bids
received and transportation services provided for school district
trips.
Community Services Director Freeland responded to
questions regarding the bids received and outlined the
transportation services provided to schools including fees.
Cormcilmember Warshaw inquired regarding the previous
City's contractor's fees who did not submit a bid and Freeland
provided aresponse.
Motion Motion by Spence and seconded by Herfert to approve the
following:
1. Accept the bids from Student Transportation of America
(Goleta, California) and Shalimar Tours & Charter (Ontario,
California) as submitted at the bid opening on September 17,
2014; and
2. Authorize the Mayor to execute the respective three (3) year
agreements with the ability to extend on a year-to-year basis
for up to two (2) additional years, upon successful completion
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City Council Minutes of October 7, 2014
of the terms of the agreement, per Purchasing Specification
0814-D.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Item #7 Agreement for Professional Services — Interrvest Consulting
Group Me.
Councilmember Toma inquired about the proposed fee of the
extension of the agreement; the recruitment process conducted and
expressed concern with the tone of the attached progress report.
Interim Public Works Director Vogt responded to his
concerns brought forth through the progress report.
Councilmember Spence was concerned that the report
involved two separate issues.
Councilmember Warshaw also voiced his concerns with
aspects of the attached progress report and the reporting involving
a resident of the City and inquired how the Interim Public Works
Director will be making improvements to the operation in Public
Works.
Interim Public Works Director Vogt responded to his
questions.
Motion Motion by Spence and seconded by Herfert to approve staff
recommendation with the exception that the agreement does not
exceed $50,000 instead of the $70,000 as proposed.:
1. Approve amendment No. 1 to the Agreement for Professional
Services with Interwest Consulting Group Inc. for $145 per
hour not to exceed $50,000; and
2. Authorize the Mayor to execute the Amendment to the
Original Agreement for Professional Services.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, FIerfert
NOES: None
Itent #8 Loan Agreement Concerning Litigation Fees Incurred for the
ROPS Periods of February 2012 to June 2012, July 2012 to
December 2012, and Jantmrp 2014 to June 2014 Which
Exceeded the Litigation Cost Estimates for Those Same Periods
Councilmember Warshaw had questions and inquired into the
Litigation Fees in the ROPS for 2012,
City Manager Chung explained the reasons these fees are
being presented in the Loan Agreement.
Motion Motion by Warshaw and seconded by Toma to approve the Loan
Agreement concerning Litigation Fees incurred for the ROPS
periods of February 2012 to June 2012, July 2012 to December
2012, and January 2014 to June 2014 which exceeded the litigation
costs estimates for those same periods.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Item #9 Partnership with the Greater West Covina Business Association
for the 2015 Sumner Concert Series
Councilmember Warshaw felt there was a need to change the
distribution of proceeds from donations in the agreement with
Greater West Covina Business Association.
Mayor Herfert disagreed.
Motion Motion by Herfert and seconded by Spence to approve:
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City Council Minutes of October 7, 2014
1. Approve the partnership with the Greater West Covina
Business Association (GWC) to provide the 2015 Summer
Concert Series at the Civic Center; and
2. Authorize the Mayor to execute an agreement with the GWC to
manage the 2015 Summer Concert Series at a cost not to
exceed $16,100, with funds identified in the West Covina
Community Services Foundation.
Motion carried 4 — 1 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Herfert
NOES: Warshaw
DEPARTMENTAL REGULAR MATTERS
City Attorney's Office
Introduction of an Ordinance to Amend Section 2-151 of the West
13) Covina Municipal Code Relating to the Powers and Duties of the
City Manager Signature Authority City Manager, to Include Signature Authority on Certain City
Documents
City Attorney Kimberly Barlow provided a summary of her staff
report explaining the need to give the City Manager limited
signature authority in the absence of the Mayor.
Councilmember Spence expressed concern that the ordinance was
not requested by Council. Councilmembers engaged in discussion
on whether the City Attorney should fist request approval from
the City Council to place an item on the Agenda before bringing
forth a staff report on a matter.
Motion Motion by Herfert and seconded by Warshaw to introduce the
following ordinance:
Assistant City Clerk Rush presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING SECTION 2-151
(POWERS AND DUTIES) OF DIVISION 2 (CITY MANAGER)
OF ARTICLE IV (OFFICERS) OF CHAPTER 2
(ADMINISTRATION) OF THE WEST COVINA MUNICIPAL
CODE RELATED TO CITY MANAGER SIGNATURE
AUTHORITY
Motion carried 3 — 2 by the following Roll Call vote:
AYES: Toma, Warshaw, Herfert
NOES: Spence, Sykes
City Manager's Office
14) Nomination to San Gabriel Basin Water Quality Authority Board
San Gabriel Basin Water Member Representing Cities Without Pumping Rights
Authority Board Appointment Deputy City Manager Chris Freeland provided a brief report
outlining the purpose of the Water Quality Authority (WQA)
Board to develop, finance and implement groundwater treatment
programs in the San Gabriel Basin. The WQA is made up of a
seven -member board comprised of one member from each of the
overlying water districts, one from a city with prescriptive water
pumping rights, one from a city without prescriptive water
pumping rights, and two members representing water producers in
the San Gabriel Basin. West Covina is designated a city without
prescriptive pumping rights. Freeland then explained the need for
West Covina to make a nomination for a board member to serve a
four-year term and represent cities without prescriptive water
pumping rights.
Nominations were as follows:
Margaret Clark Louis Aguinagua
Spence Sykes
VA
City Council Minutes of October 7, 2014
Warshaw Toma
Flerfert
Mayor Herfert thanked Ms. Clark for her work and efforts on
behalf of the Valley.
Motion Motion by Herfert and seconded by Sykes to adopt the following
resolution:
Resolution No. 2014-45 RESOLUTION NO. 2014-45 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
NOMINATING COUNCILMEMBER LOUIS AGUINAGUA TO
REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING
RIGHTS TO THE BOARD OF THE SAN GABRIEL BASIN
WATER QUALITY AUTHORITY
Motion carried 4 — 1 by the following Roll Call vote:
AYES: Sykes, Toma, Warshaw, Herfert
NOES: Spence
15) Planning Department
Permit Services FilmL.A. Consulting Services
City Manager Chung recalled that Council previously inquired
whether FilmL.A. would permit others to obtain filming permits
through the City instead of through FilmL.A. and reported that
their contract provides that all permits would have to be through
FilniL.A.. FIe then stated there was a benefit to be gained by the
City through the marketing of the City to a larger area.
Mayor Herfert stated his concern of losing revenues for
required police and fire services when filming in West Covina.
Planning Director Jeff Anderson responded that revenues
for police and fire services would still be paid to the City.
Donna Washington, representing Fi1mL.A., responded to
questions regarding the fees and permit process through their
company and addressed the benefit to the City through marketing
and promoting.
Councilmembers engaged in discussion of the change in the
current process, inquiring of the company's success in other cities,
the fees and revenues and the competition in marketing the City
against other cities.
Donna Washington responded to their questions.
Motion Motion by Herfert and seconded by Warshaw to disapprove the
recommendation to execute an agreement with FilmL.A. to provide
services to the City to process film permits for the City.
Motion carried 4 — 1 by the following Roll Call vote:
AYES: Sykes, Toma, Warshaw, Herfert
NOES: Spence
16) Public Works Department
Public Works Contracts Public Works Contracting Ordinance
Interim Public Works Director Vogt provided a brief introduction
of this matter regarding the Public Works Contract procedures
related to the California Contract Code and good practices by
adding Municipal Code sections defining required procedures and
policies that must be followed for completing Public Works
projects.
COUncilmerrrber Spence wanted to know what was different
from State law since we are a general law city and how it was
different than the City's current procedures.
City Attorney Barlow gave further details to explain and
respond to his questions.
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City Council Minutes of October 7, 2014
Discussion ensued regarding the provisions of the
ordinance. With numerous questions being made, Mayor Herfert
suggested that the item be held over.
Motion Motion by Spence and seconded by Warshaw to hold the
matter over to a future meeting.
Motion carried 5 — 0.
SUCCESSOR AGENCY Mayor Herfert called a recess of the City Council meeting at 9:57
p.m. to convene the Successor Agency meeting. The City Council
meeting reconvened at 9:58 p.m. with all members present.
AB 1234 CONFERENCE AND MEETING REPORTS
Mayor Herfert reported attending the ICSC Conference in San
Diego.
Councilmember Toma reported attending the San Gabriel Valley
Water Forum along with Councilmember Warshaw.
Councilmember Warshaw also reported his attendance at the San
Gabriel Valley Water Forum.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
MAYOR STEVE HERFERT
Request from Mayor Steve Herfert for the City Council to Discuss
17) Police Building Maintenance the Maintenance Issues of the West
Police Building Maintenance Issues Covina Police Department Building
Mayor Herfert received a list of maintenance issues for the Police
Department building and the Police Chief prioritized five of the
items that involved safely issues. Mayor Herfert requested to have
staff bring back cost estimates and funding suggestions to Council.
In addition, City Manager stated he was gathering
information on all City buildings to have available for
consideration.
Motion Motion by Herfert and seconded by Warshaw to bring back a
report with cost estimates and funding sources.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
COUNCILMEMBER JAMES TOMA
Request from Councilmember James Toma for City Council's
Consideration to Discuss the San Gabriel Valley Water Smart
18) Challenge
SGV Water Smart Challenge Councilmember Toma provided the particulars regarding
participation in the Upper Water District challenge and addressed
some of the information regarding the possibility of drought and
the need to make residents aware. He suggested the Council
participate in the Challenge by voting to participate rather than
bringing back a full staff report on the matter and left it to the
Council to request a report if they so wished.
Motion Motion by Toma and seconded by Warshaw that the City
participate in the San Gabriel Valley Water Smart Challenge and
bring back a report on eight of the requirements the City will
implement.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Z
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City Council Minutes of October 7, 2014
COUNCILMEMBER COREY WARSHAW
Request from Councilmember Corey Warshaw requesting the City
Council's Support to Donate Paint to Volunteers to Repaint Public
19) Walls as a Community Beautification Project
Paint Donation to Repaint Walls Councilmember Warshaw brought this matter forward to address
the mismatched paint on City walls and made suggestions to allow
those individuals who willingly wanted to volunteer to paint the
walls and the City cover the cost of the paint only.
Motion Motion by Warshaw and seconded by Herfert to bring back a
report with cost estimates for the purchase of the paint.
Mayor Pro Tent Sykes addressed issues with the current
graffiti removal contract.
Action on Motion Motion carried 4 — 1 by the following Roll Call vote:
AYES: Spence, Toma, Warshaw, Herfert
NOES: Sykes
COUNCIL COMMENTS Mayor Pro Tent Sykes thanked staff for the Community Services
Day activities.
ADJOURNMENT Motion by Herfert and seconded by Warshaw to adjourn the
meeting at 10:17 p.m.
Motion carried by 5 — 0.
Submitted by:
Assistant City Clerk Susan Rush
Mayor Steve Herfert
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