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09-16-2014 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL September 16, 2014 Mayor Pro Tem Sykes 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 Police Officer Jeff Mosley West Covina Police Department PLEDGE OF ALLEGIANCE Councilmember "foma ROLL CALL Mayor Pro Tem Sykes, Councilmembers Spence, Toma, Warshaw Absent: Mayor Herfert REPORTING OUT FROM CLOSED SESSION City Attorney Kimberly Barlow stated that there were two items on the City Council Agenda; the items scheduled for the Successor Agency agenda did not go forward. Direction was given on the Labor Negotiations item listed on the agenda; on the Pending matter — Dominguez v. City of West Covina — Council gave direction on the issue of retention of counsel and Council acted in Closed Session on motion by Sykes and seconded by Toma approved on 4 — 0 vote with the Mayor absent, to provide a defense and indemnification subject to reservation of rights to Mr. Chung. [City Closed Session items: Conference with Labor Negotiators - City Negotiators: Chung, McKay— Confidential Employees, Maintenance & Crcfs Employees, Non -Sworn Safely Support Employees, W.C. Police Management Association, W.C. Firefighters'Association, I.A.FF, Local 3226, General Employees, Mid -Management Employees, W.C. Police Officers Association, W. C. Firefighters' Management Association Conference with Legal Counsel — Existing Litigation — Pursuanl to Government Code §54956.9(d)(1) - One matter — Deborah D. Dominguez v. City of West Covina, Chris Chung Conference with Legal Counsel — Anticipated Litigation — Pursuant to Government Code §54956.9(d)(2) - One malter Successor Agency Closed Session items: Conference with Legal Counsel — Anticipated Litigation — Pursuant to Government Code §54956.9(d)(2) — one matter] CHANGES TO THE AGENDA None PRESENTATIONS None ORAL COMMUNICATIONS George Ogden George Ogden, West Covina resident, spoke on the current Graffiti contractor's expeditious removal of graffiti during afterhours and his timely response to Graffiti on the Veterans of Foreign Affairs building. City Council Minutes of September 16, 2014 Tom Bachman Tom Bachman, former City Finance Director, addressed a Public Records Act request he made for financial revenue data and inaccuracies in the budget's projected revenue estimates. City Attorney Barlow and City Manager Chung addressed his concerns. Elsie Messman Elsie Messman, West Covina resident, addressed the State Controller's pending audit; commended the current Council's actions; complimented the current Graffiti contractor and urged Council to do what's best for the City. Herb Redholtz Herb Redholtz, West Covina resident, commended the current Graffiti contractor's work and stated the contract does not need any changes. Lloyd Johnson Lloyd Johnson, West Covina resident, thanked the Police Chief for his attendance at a Community Car show; inquired whether the contract with Squire and Sanders was a legal contract without the Mayor's signature; commended the current Graffiti contractor's work. Philip Moreno Philip Moreno, West Covina resident, corrected a statement he made at the last meeting pertaining to the prior project proposed on San Bernardino Road and extended an apology to Planning Commissioner Holtz and Mayor Pro Tern Sykes when he misspoke of their vote on the project. Dave Stewart Dave Stewart, West Covina resident, addressed the proposed agreement for Crossing Guard Services and the proposed service contract extension with Nationwide Cost Recovery Service to administer the existing foreclosure ordinance; and addressed cell towers. Irene Fleck Irene Fleck, West Covina resident, addressed Library participation on West Covina Community Services Day. John Shewmaker John Shewmaker, West Covina resident, spoke on recent events in the City which included the impending State audit; a recent lawsuit against the City Manager; stated there appears to be no current Graffiti issue to prompt a request for Graffiti service. CONSENT CALENDAR Approval of Meeting Minutes (receive & file) 1) Minutes Special City Council Meeting Minutes of June 11, 2014 Government Tort Claims Denial 2) Claims Against the City Recommendation is that the City Council deny the following Government Tort Claim, and the claimant and/or his respective attorney be so notified. - Pin Jui Chung vs. City of West Covina Ordinances for Adoption Code Amendment No. 14-03 3) Medical Marijuana Dispensaries Medical Marijuana Dispensaries Location: 1611, 1623 and 1773 West San Bernardino Road Recommendation is that the City Council waive further reading and adopt the following ordinance: Ordinance No. 2265 ORDINANCE NO. 2265 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, 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 _/i•om the Consent Calendar for separale 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: 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. 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 hrterest 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 TFIE 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, 3 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 & 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 terns 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) Recommmendation 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. 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 (SHSGP) grant totaling $150,000 into 227.31.3110.7160 for police vehicle - mounted radios. 13) Private Grant from Kaiser Permanente 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 Ji•om 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 4 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 finds 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: 1. 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 1 10.31.3121.6120 (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 #14 — Extension of Service Contract with 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: Herfert Item 5 Award of Bid for the Los Angeles County Regional Park and Open Space District Tree Planting Grant — (Project No. PP- 14203 Councilmernber 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. 5 City Council Minutes of September 16, 2014 Itenn 14 Extension of Service Contract with 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 Tonia 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 Tern 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 Tern 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. 31 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 Tem Fredrick Sykes Request from Mayor Pro Tern 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 Toma 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: Herfert 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 Caffrans during their local work on the freeway expansion; and addressed the San Gabriel Valley Mosquito Abatement website. Councilmember Toma also thanked the Community Services staff for the event with the community and urged residents to participate in Community Services Day on October 4"i. %I City Council Minutes of September 16, 2014 Councihnember 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: AssistantC,\itYy/Clerk Susan; u_ s_I