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,
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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 &
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
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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.
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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.
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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 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.
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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