10-16-2018 - Regular Meeting - MinutesWEST COV➢�I�
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY/COMMUNITY
SERVICES FOUNDATION
TUESDAY OCTOBER 16, 2018, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
CALL TO ORDER
A Regular Meeting of West Covina City Council was called to order on Tuesday March 5, 2019
at 7:18 p.m. in the Council Chambers located at 144 West Garvey Avenue South, West Covina,
California, by Mayor Johnson.
ROLL CALL
Present: Mayor Lloyd Johnson, Mayor Pro Tern Tony Wu, Councilmen Mike Spence,
James Toma and Corey Warshaw
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember James Toma.
REPORTING OUT FROM CLOSED SESSION
City Attorney Barlow reported that there was no reportable action taken during the closed session
discussion. City Attorney Barlow introduced Scott Porter who will take over the position of City
10/16/19 CC Regular Meeting Minutes
Attorney and Carmen Vasquez who will assume the position of a second Assistant City Attorney
for the City.
CHANGES TO THE AGENDA
City Manager Freeland announced no changes to the agenda.
PRESENTATIONS
. Presentation by 85°C Bakery Cafe to After School Program
• Recognition of Fire Prevention Contest Winners
• Recognition of Red Ribbon Week
City Manager Freeland brought forth Police Chief Taylor to address citizen and Council concerns
of homelessness at Del Norte Park.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Oral Communication by.
John Shewmaker
Phil Kaufman
Daniel Luevanos, representing One Legacy Donate Life
Valerie Munoz
Nancy Garcia
Susan Estrada
Adam Holmes
Gabriel Lara
Doris Gomez
Fredrick Sykes
Jefferson DeRoux
Maddox Murillo
Estevan Garcia.
--End of Oral Communications—
City Manager Freeland and staff responded to questions and concerns of the speakers.
Police Chief Taylor came forward to further address issues at Del Norte Park regarding
homelessness, citizen's complaints regarding the issue, and citizens arrests of such issues.
CONSENT CALENDAR
Ordinances for Adoption — Procedural Waiver. Waive full reading of each ordinance on the agenda and
authorize the approval ofeach ordinance by title only.
Page 2 of 10
10/16/19 CC Regular Meeting Minutes
Mayor Johnson announce that Mayor Pro Tem. Wu would like the record to reflect his no vote on
Consent Calendar Item 10 and Item 12, and Councilman Spence would like to pull Item 12 from
the Consent Calendar for separate discussion
ACTION: MOTION BY WARSHAW, SECONDED BY JOHNSON, CARRIED 5-0 to,
approve Consent Calendar Items 1 thru 9, and Item 11 as recommended.
ACTION: MOTION BY WARSHAW, SECONDED BY JOHNSON, CARRIED 4-1 (Wu) to,
approve Consent Calendar Item 10 as recommended.
ACTION: MOTION BY WARSHAW, SECONDED BY TOMA, CARRIED, 3-2 (Spence, Wu)
to, approve Consent Calendar Item 12, as recommended. (This item was pulled from the Consent
Calendar by Councilman Spence.)
CLAIMS AGAINST THE CITY
1) Government Tort Claim Denials
CARRIED 5-0 to deny the following Government Tort Claims and the claimants be
notified:
Brian Harris vs. The City of West Covina
Todd Wiegand vs. The City of West Covina
INVESTMENT REPORT (receive & file)
2) City Investment Report for the Month Ended August 31, 2018
CARRIED 5-0 to receive and file the Investment Report for the month ended August 31,
2018.
3) Successor Agency Investment Report for the Month Ended August 31, 2018
CARRIED 5-0 to have the Chair and Board Members of the Successor Agency to the
former West Covina Redevelopment Agency, receive and file the Investment Report for
the month ended August 31, 2018.
CITY ATTORNEY'S OFFICE
4) Second Amendment to The Retainer Agreement for City Attorney Services
CARRIED 5-0 to authorize the City Manager to execute the Second Amendment to the
Retainer Agreement for City Attorney Services between the City of West Covina and the
law fine of Jones & Mayer, appointing Scott Porter City Attorney, and Carmen Vasquez
and Ivy Tsai as Assistant City Attorneys.
Page 3 of 10
10/16/19 CC Regular Meeting Minutes
CITY MANAGER'S OFFICE
5) Option Agreement Revision Regarding Additional Advance from Covina Valley
Health Partners, Inc.
CARRIED 5-0 to approve an Amendment to Option Agreement with Citrus Valley
Health Partners (CVHP) for purchase of Sunset Field to obtain an additional loan/advance
in the amount of $500,000 to fund purchases made to expand the City's parkland.
COMMUNITY & ECONOMIC DEVELOPMENT
6) Successor Agency to the City of West Covina Redevelopment Agency Renewal of
Professional Services Agreement with Rincon Environmental, LLC
CARRIED 5-0 to have the City Council, acting as the Successor Agency to the former
West Covina Redevelopment Agency, authorize the Executive Director to execute the 2nd
one-year renewal and any subsequent renewals to, and as provided in, the Professional
Services Agreement (Agreement) with Rincon Environmental, LLC (Rincon) in the
amount not -to -exceed $30,000 annually to provide regulatory compliance services for the
Successor Agency properties located at the BKK Landfill.
COMMUNITY SERVICES DEPARTMENT
7) Homeless Emergency Aid Program (HEAP) Funding
CARRIED 5-0 to adopt RESOLUTION NO. 2018-126 entitled A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING A SHELTER CRISIS PURSUANT TO SB 850 (CHAPTER 48,
STATUTES OF 2018 AND GOVERNMENT CODE SECTION 8698.2)
8) Lyft Partnership
CARRIED 5-0 to:
Authorize the City Attorney to finalize details of an agreement with Lyft, Inc. to offer
a pilot program for Dial -A -Ride participants; and
Authorize the City Manager to execute an agreement with Lyft, Inc. in an amount not
to exceed $50,000 for a six-month pilot program; and
Adopt RESOLUTION NO. 2018-125 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A
BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1,
2018, AND ENDING JUNE 30, 2019 (Lyft)"
FIRE DEPARTMENT
9) Approve and Adopt the Joint Powers Agreement and Resolution for the Los Angeles
Page 4 of 10
10/16/19 CC Regular Meeting Minutes
Area Regional Training Group
CARRIED 5-0 to:
1. Approve the Los Angeles Area Regional Training Group (RTG) Joint Powers
Agreement (JPA); and
2. Authorize the City Manager, or his designee, to execute the JPA agreement and to
take such reasonable actions as may be required to implement the intent of the
program; and
3. 3) Adopt RESOLUTION NO. 2018-128 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING
THE LOS ANGELES AREA REGIONAL TRAINING GROUP (RTG) JOINT
POWERS AGREEMENT; AUTHORIZING THE CITY'S MEMBERSHIP IN THE
LOS ANGELES AREA REGIONAL TRAINING GROUP AUTHORITY; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE JPA AGREEMENT"
10) Agreement with Fire Recovery USA, LLC for Emergency Incident Billing
CARRIED 4-1 (Wu) to:
1. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330(b),
which states that bidding may be dispensed with when the commodity can be
obtained from only one vendor, authorize the City Manager to execute the agreement
with Fire Recovery USA, LLC, for emergency incident billing and inspection billing
services for an initial term of three years with the option to renew for two additional
one-year periods for a maximum of five years; and
2. Authorize the City Manager, or his designee, to execute the two (2) optional, one-
year renewal terns following the initial 36-month term with Fire Recovery USA,
LLC.
POLICE DEPARTMENT
11) Fiscal Year 2018-19 Supplemental. Law Enforcement Services Account (SLESA)
Funds
CARRIED 5-0 to:
1. Appropriate expenditures from the Fiscal Year (FY) 2018-19 Supplemental Law
Enforcement Services Account (SLESA) funds, totaling an estimated $164,514, for
frontline law enforcement items detailed in the attached budget amendment; and
2. Adopt RESOLUTION NO, 2018-130 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A
BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1,
2018, AND ENDING JUNE 30, 2019 (2018-19 SLESA)'; and
3. Authorize the transfer of any remaining balance of previously appropriated SLESA
funds between accounts for personnel, supplies, and equipment in order to expedite
Page 5 of 10
10/16/19 CC Regular Meeting Minutes
expenditures that must be completed by the end of this fiscal year.
PUBLIC WORKS
12) Acceptance of Public Improvements for the Installation of Electric Vehicle Charging
Stations - (Project No. BP-17002)
This item was pulled from the Consent Calendar by Councilman Spence.
Staff responded to questions regarding contingencies for construction and infrastructure
for charging stations.
CARRIED 3-2 (SPENCE, WU) to:
1. Accept the installation of Electric Vehicle Charging Stations Project as complete -
Project No. BP-17002;
2. Approve additional $7,540.36 in contingencies, 18.16% of the construction contract
cost;
3. Authorize recordation of Notice of Completion with the Los Angeles County
Recorder; and
4. Authorize the release of retention funds 35 days after recordation of the Notice of
Completion.
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
13) Public Hearing - Proposition 218 Protest Ballot Process for Proposed Adjustments to
Residential and Commercial Solid Waste Rates due to State Mandated Organic
Waste Recycling Laws
Mayor Johnson announced the Public Hearing Matter and Assistant City Clerk Butler
verified the proper legal notice. City Manager Freeland presented the staff report,
explained the Prop 218 process and announced that at the time of the writing of the report
the City had received 11 written protests and none in favor. Assistant City Clerk Butler
announced that one additional written had been received.
Mayor Johnson opened the Public Hearing.
Public Comments in Opposition
Bill Robertson
Jefferson DeRoux
Sarah Love
Page 6 of 10
10/16/19 CC Regular Meeting Minutes
In Favor
Gary Clifford, Executive Vice President of Athens Services
Mr. Clifford responded to questions from the City Council.
Mayor Johnson closed the Public Hearing.
Council engaged in discussion with City staff and Athens Services representatives
responding to question.
ACTION: MOTION BY WARSHAW, SECOND BY JOHNSON, CARRIED 3-2
(TOMA, WU) to:
1. Adopt the following rate increases:
Commercial Organics Recycling Program:
o Effective October 1, 2018 9.17% increase in rates
o Effective July 1, 2019 CPI' + 9.17% increase in rates
Residential Organics Recycling Program:
o Effective January 1, 2020 7.93% increase in rates
2. Authorize the City Manager to execute the 11"' Amendment to the Athens Services
Agreement amended to include an exhibit describing the organics program.
MOTION BY SPENCE to prorate and return to the rate payer the collected franchise fee.
Motion FAILED due to lack of second.
MOTION BY SPENCE to cap the amount of franchise fee the current amount being
collected with no additional franchise due to the rate increases. Motion FAILED due to
lack of second.
DEPARTMENTAL REGULAR MATTERS
CITY MANAGER'S OFFICE
14) Nomination to San Gabriel Basin Water Quality Authority Board Member
Representing Cities without Prescriptive Pumping Rights
ACTION: MOTION BY WARSHAW , SECOND BY TOMA, CARRIED 4-1-0
(SPENCE ABSTAINED) to nominate Valerie Munoz from the City of La Puente to serve
on the San Gabriel Water Quality Authority Board by adopting RESOLUTION NO.2018-
129 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
CALIFORNIA, NOMINATING COUNCILMEMBER VALERIE MUNOZ OF THE
CITY OF LA PUENTE TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER
PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER
QUALITY AUTHORITY.
Page 7 of 10
10/16/19 CC Regular Meeting Minutes
COMMUNITY SERVICES DEPARTMENT
15) Animal Control Contract
City Manager Freeland presented the staff report and introduced William Harford,
President of the Inland Valley Humane Society and S.P.C.A. who presented an overview
of the services they provide. Staff and Mr. Harford responded to questions from the
Council.
ACTION: MOTION BY JOHNSON, SECOND BY WARSHAW, CARRIED 5-0 to
take the following actions:
1. Authorize staff to notify Los Angeles County Department of Animal Care and
Control of the City's intent to terminate the contract for animal care and control
services effective June 30, 2019; and
2. Authorize the City Manager to execute a two-year agreement, approved by the City
Attorney, with Inland Valley Humane Society and S.P.C.A. (IVHS), effective July 1,
2019, in an amount not to exceed $1,790,000, plus Consumer Price Index (CPI)
annually, with the option for the City Manager to renew for two (2) additional two-
year contracts; and
3. Instruct staff to review Title 10 and bring back an ordinance to a future City Council
Meeting delegating authority to IVHS for enforcement of applicable local and State
laws relating to animals, effective July 1, 2019; and
4. Adopt RESOLUTION NO. 2018-127 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING
THE GETTING TO ZERO PARTNERSHIP WITH INLAND VALLEY HUMANE
SOCIETY & S.P.C.A."
16) West Covina Community Services Foundation Fiscal Year 2017-18 Annual Report
Councilman Toma recused himself from participation due to a conflict and interest and
Board Member Phil Kaufman took a place at the dais.
Assistant City Manager/Community Services Director Bresciani presented the staff report
and requested the City Council acting as the Board of Directors of the West Covina
Community Services Foundation to allow staff to return to the first meeting in January
with a detailed presentation of available funding once all donations are accounted for and
responded the question from the Board.
ACTION: MOTION BY JOHNSON, SECOND BY WARSHAW, CARRIED 5-0 to
have staff return to the first meeting in January once all donations are accounted for and
year end budget is complete and at that time provide staff direction regarding use of
current fund balances in the West Covina Community Services Foundation.
Councilman Toma returned to the dais
Page 8 of 10
10/16/19 CC Regular Meeting Minutes
MAYOR/COUNCILMEMBERS REPORTS
MAYOR PRO TEM TONY WU
17) Request from Mayor Pro Tem Tony Wu For City Council to Discuss Establishing a
Sister -City Relationship with Harbin, China
Mayor Pro Tem Wu presented the staff report requesting to establish a sister -city
relationship with Harbin, China.
Council engaged in discussion with Councilman Spence expressing his dissenting vote
due to lack of diverse balance with sister -cities.
ACTION: MOTION BY WARSHAW, SECOND BY JOHNSON, CARRIED 4-1
(SPENCE) to establish a sister -city relationship with Harbin, China. and provide direction
accordingly.
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any
meetingleventiconference attended at City expense.)
None
CITY COUNCIL COMMENTS
Councilman Spence suggested that the Council relook at West Covina becoming a Charter City,
and reported the San Gabriel Valley Mosquito and Vector Controls enforcement of pool
maintenance compliance.
Mayor Johnson announced the 61h Annual 5K Pumpkin Run to be held at 7:00 a.m, at the Cortez
Park Community Senior Center and the Harvest Festival at 10:00 a.m., both this upcoming
Saturday.
Councilman Warshaw thanked City Attorney Hall -Barlow for her services over the past four
years.
ADJOURNMENT
Mayor Johnson adjourned the meeting at 11:07 p.m. The next Regular City Council Meeting is
scheduled for Tuesday, March 19, 2019 at 7:00 p.m., in the Council Chamber, 1444 West
Garvey Avenue South, West Covina, California.
Page 9 of 10
10/16/19 CC Regular Meeting Minutes
Submitted by:
Carrie Gallaghe , MC
Assistant City Clerk
Lloyd Jo son
Mayor
Page 10 of 10