10-07-2014 - Regular Meeting - MinutesMINUTES
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 Tern 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 Whitlock v. City of West Covina
Conference with Legal Counsel — Existing Litigation —
Inland Oversight Committee v. City of West Covina
Conference with Legal Counsel — Anticipated Litigation —
One Matter
Public Employee Performance Evaluation — Title: City
Manager
Conference with 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 — Terms of Lease
Conference with Legal Counsel — Existing Litigation — City
of Wesl Covina v. Hassen Imports Partnership, et al., Los Angeles
Superior Court Case No. KC048157; In re Hassen Imports
Partnership, Debtor, United Stales Bankruptcy Court Case No.
2:11-bk-42068-ER; In re Hassen Imports Partnership, Debtor,
United Stales 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 — City
of West 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 Stales District Court Case No. 2:13-ev-07532-CAS]
CHANGES TO THE AGENDA None
PRESENTATIONS Mayor Herfert called forward Grand Knight Oscar Suquett of the
Knights of Columbus — Father Maguire Council 93851, 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
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 — Interwest Consulting Group, Inc.; and,
Councilmember Warshaw requested that Item #8 Loan Agreement
Concerning Litigation Fees Incurred for the BOPS 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 & file)
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 Commission Summary of Action of September 23, 2014
3) Community/Senior Commission Summary of Action of July 8, 2014
Item 94 was 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.
IL Request:
Phil Kaufman, West 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
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 was 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 #8 was removed front the Consent Calendar for separate
consideration.
Community Development Commission
Loan Agreement Concerning Litigation Fees Incurred for the
BOPS 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 .Tune 2012, July 2012 to December
2012, and January 2014 to June 2014 which exceeded that
litigation cost estimates for those same periods.
Item 99 was 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
Community 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 Flearing 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, Itent #7 Agreement
for Professional Services — Interwest Consulting Group Inc., Itent
#8 Loan Agreement Concerning Litigation Fees Incurred for the
BOPS 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 Rent
#9. 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
Itent #4 Award of Bid for Recreational Transportation Service
Councilmember 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.
Councilmember Warshaw inquired regarding the previous
City's contractor's fees who did not submit a bid and Freeland
provided a response.
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 — Interwest Consulting
Group Inc.
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. I 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, Herfert
NOES: None
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
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 RODS
periods of February 2012 to June 2012, July 2012 to December
2012, and January 2014 to .tune 2014 which exceeded the litigation
costs estimates for those same periods.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Tonra, Warshaw, Herfert
NOES: None
Item #9 Partnership with the Greater West Covina Business Association
for the 2015 Summer 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:
in
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 — I 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
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 first 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 Flerfert 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 Aauinagua
Spence Sykes
VA
City Council Minutes of October 7, 2014
Warshaw Toma
Herfert
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
RIG[ -ITS 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
FilmL.A.. He 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 FilmL.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 — I by the following Roll Call vote:
AYES: Sykes, Toma, Warshaw, Herfert
NOES: Spence
16) Public Works Department
Public Works Contracts Public Works Contractin z, 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.
Councilmember Spence wanted to know what was different
from State law since we are a general law city and bow 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 I-Ierfert 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 "Coma 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 safety 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) Challeuge
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. I -le 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
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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 Proiect
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 lierfert to bring back a
report with cost estimates for the purchase of the paint.
Mayor Pro Tem 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 Tern 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:
1 � 1
Assistant�City:. ,lerk Susan'Rusb
Mayor Steve erf t
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