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12-16-2014 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY DECEMBER 16, 2014, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER — Mayor Fredrick Sykes called the meeting to order at 7:01 p.m. INVOCATION — was led by Pastor Samuel Martinez from Christian Faith Center. PLEDGE OF ALLEGIANCE — was led by Councilmember Steve Herfert. ROLL CALL Present: Sykes, Toma, Herfert, Spence, Warshaw Absent: None REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 2121 E. Shadow Oak Drive Agency Negotiator Chung, Lee, Freeland, Barlow Negotiating Parties: Verizon Wireless Under Negotiation: Terms of Lease Tuesday December 16, 2014 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 1360 W. Garvey Avenue South Agency Negotiator Chung, Lee, Barlow Negotiating Parties: Kirk Cartozian, Cartozian Associates Under Negotiation: Terms of Agreement CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code 5 54956.9(d)(2) One Matter CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code S 54957.6 City Negotiators: Chung, Freeland, Barlow • Employee Organizations Confidential Employees - General Employees Maintenance & Crafts Employees - Mid -Management Employees W.C. Police Officers' Association -W.C. Police Management Association W. C. Firefighters' Management Assoc. -W.C. Firefighters' Assoc., I.A.F.F., Local 3226 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code � 54956.9(d)(1) Canlas v. City of West Covina City Attorney Kimberly Barlow stated a conference was held with legal counsel concerning anticipated litigation where the City Council acted to authorize the extension of an existing tolling agreement with the BKK working group. A motion was made by Councilmember Warshaw and seconded by Councilmember Herfert to approve the extension. Motion was carried by a vote of 5-0. City Attorney Barlow added that direction was given on the other Closed Session items. CHANGES TO THE AGENDA City Manager Chris Chung stated that there was one change to the agenda pertaining to Consent Calendar Item No. 10 — Extension of Professional Services Agreement with CorVel to Provide Workers' Compensation Third Party Administration. Mr. Chung indicated that city staff and the City Attorney were presenting Council a revised agreement of services between the City and CorVel. He also stated that copies of this revised agreement had been provided to the City Council and the public. PRESENTATIONS — None. 2 Tuesday December 16, 2014 Mayor Sykes shared that a survey was available online at www.planwc.org regarding the General Plan update and invited the public to access the survey and become involved with the General Plan update. ORAL COMMUNICATIONS - Five (5) minutes per speaker Shirley Buchanan expressed her disappointment of the last Council meeting in regards to the proposed project on San Bernardino Road and stated that the project should be put on hold until after the General Plan is completed in order to eliminate spot zoning. Royall Brown welcomed City Manager Thomas Mauk and addressed the change of time for future regular City Council meetings. Lloyd Johnson addressed West Covina homes neighborhood meetings and expressed concerns pertaining to the meeting. Mr. Johnson also addressed the proposed change of time for future regular City Council meetings and the subject of campaign contributions. Mr. Johnson wished City Manager Chung luck in his future endeavors and thanked retiring Assistant City Clerk Rush for her service. Elsie Messman spoke on the proposed change of time for regular City Council meetings and the servicing of city vehicles at dealerships within the City; thanked retiring Assistant City Clerk Rush for her service along other City staff which left the City. She also commented on the contract of the new Interim City Manager and the current City Manager's separation agreement. Councilmember Spence and City Attorney Barlow addressed resident concerns pertaining to the proposed start time of future Council meetings. John Shewmaker addressed the change to campaign finance reform and the City Manager's separation agreement. Mr. Shewmaker also thanked retiring Assistant City Clerk Rush for her assistance. Herb Redholtz thanked City Manager Chung for his service to the City and thanked retiring Assistant City Clerk Rush. Jose Jimenez spoke in support of consultant for Orangewood Park soccer field and the project moving forward. Jefferson DeRoux expressed concerns with traffic issues at the intersection of Cameron and Lark Ellen and previous requests to address issues. Rob Farber spoke on concerns with traffic issues and street racing at Lark Ellen and Cameron and asked for a plan from the City to address these issues. Dave Stewart addressed the item on the agenda regarding the Foreclosure Ordinance and the associated cost. Mr. Steward also spoke in support of the Orangewood Park soccer field project moving forward. 3 Tuesday December 16, 2014 Bruce Leinbach share his opposition to the proposed project on San Bernardino Road which will be heard during the January 20, 2015 Council meeting. Mr. Leinbach also provided his positive evaluation of the City Council. Councilmember Spence inquired on how a resident could make a request of the Traffic Committee. Interim Public Works Director Chris Vogt responded. City Manager Chung responded to the Foreclosure Consultant Request for Proposals ("RFP") stating that the RFP was posted on the City's website and also mailed to vendors. CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) Special City Council Meeting Minutes of September 2, 2014 Regular City Council Meeting Minutes of September 2, 2014 Motion by Councilmember Herfert and seconded by Mayor Pro Tern Toma to receive and file meeting minutes. Motion carried by a vote of 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Human Resources Commission - December 11, 2013 and June 11, 2014 Motion by Councilmember Herfert and seconded by Mayor Pro Tern Toma to receive and file Commission summary of actions. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 3) Planning Commission - December 9, 2014 A motion by Councilmember Herfert and seconded by Mayor Pro Tern Toma to receive and file Commission summary of actions. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None 4 Tuesday December 16, 2014 ABSENT: None APPROVAL OF FINAL MAP 4) Approval of Final Map for Tract Map No. 71644 Location: 301 S. Glendora Avenue Subdivider: Lennar Multifamily Communities, LLC It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2014-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT MAP NO. 71644 LOCATED AT 301 S. GLENDORA AVENUE (LENNAR MULTIFAMILY COMMUNITIES, LLC) Motion by Councilmember Herfert and seconded by Mayor Pro Tern Toma to adopt. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 5) Approval of Final Map for Parcel Map No. 72728 Location: 243 N. Lang Avenue Subdivider: Hokie, LP It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2014-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 72728 LOCATED AT 243 N. LANG AVENUE (HOKIE, LP) Motion by Councilmember Herfert and seconded by Mayor Pro Tern Toma to adopt. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None CITY CLERK'S OFFICE 6) Destruction of Documents as Prescribed By Law It is recommended that the City Council adopt the following resolution authorizing the destruction of specific records: 5 Tuesday December 16, 2014 RESOLUTION NO. 2014-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW Motion by Councilmember Herfert and seconded by Mayor Pro Tern Toma to adopt. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None CITY MANAGER'S OFFICE 7) Cancellation of January 6, 2015, City Council Meeting It is recommended that the City Council cancel the City Council meeting of January 6, 2015, due to the upcoming holidays. Motion by Councilmember Herfert and seconded by Mayor Pro Tern Toma to approve. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None COMMUNITY DEVELOPMENT COMMISSION 8) Approval of Revision to the City of West Covina Housing Preservation Program Guidelines and Authorization to Reinstate the Program It is recommended that the City Council approve the revised guidelines for the City of West Covina Housing Preservation Program and authorize reinstatement of the program under the new State guidelines. Motion by Councilmember Herfert and seconded by Mayor Pro Tern Toma to approve. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None COMMUNITY SERVICES DEPARTMENT 9) Policies and Procedures Manual for Managing Community Development Block Grant -Funded (CDBG) Public Service Providers G Tuesday December 16, 2014 It is recommended that the City Council approve the proposed Policies and Procedures Manual for Managing Community Development Block Grant -Funded (CDBG) Public Service Providers. Motion by Councilmember Herfert and seconded by Mayor ProTem Toma to approve. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT 10) Extension of Professional Services Agreement with CorVel to Provide Workers' Compensation Third Party Administration It is recommended that the City Council take the following action: Authorize the Mayor to sign and execute the Fifth Amendment to the Professional Services Agreement with CorVel Inc., which provides a month -to -month contract extension with CorVel for comprehensive workers' compensation claims administration from January 1, 2015 through June 30, 2015 at a cost not to exceed $149,168.52, using funds already budgeted in 363.15.1520.6119. This item was removed from the consent calendar for separate discussion. Councilmember Herfert expressed concerns with the selection of attorneys being utilized on workers' compensation claims as some of the attorneys are not on the approved authorized attorneys list and payments to attorneys directly through CorVel without review from the City. Amanda Garcia, representing CorVel, explained process of attorney selection for workers' compensation claims. Motion by Herfert and seconded by Spence to approve with the added stipulation that attorney fees be brought forward for council review. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None PLANNING DEPARTMENT 11) Status of General Plan Update It is recommended that the City Council receive and file this report. W Tuesday December 16, 2014 Motion by Councilmember Herfert and seconded by Mayor Pro Tem Toma to receive and file. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None POLICE DEPARTMENT 12) Award of Bid - Foreclosure Ordinance Services It is recommended that the City Council take the following actions: 1. Find that Nationwide Cost Recovery Services of Diamond Bar, CA is the sole responsive and qualified vendor to administer the City of West Covina's Foreclosure Ordinance; 2. Authorize City staff to execute Purchase Order agreements with Nationwide Cost Recovery Services to provide services through to the current expiration of the Foreclosure Ordinance (November 2015), and authorize the Mayor of the City of West Covina to execute the Nationwide Cost Recovery Services Proposal and related agreements. A purchase order for the remainder of this fiscal year (January 1 through June 30, 2014) of up to $47,500 will use finds already budgeted in 110.31.3125.6110. This item was removed from the consent calendar for separate discussion. Council engaged in discussion with staff the RFP process, need for the program, enforcement and fees. Motion by Councilmember Herfert to approve as recommended by staff. Following further discussion as to what other cities are doing, concerns of only one responsive vendor Spence requests to amend motion to approve until able to rebid. Herfert withdraw motion due to no second to his stated motion. Motion by Councilmember Spence and seconded by Councilmember Herfert to approve as recommended by staff and to rebid. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None RECESS — Mayor Skyes called for a recess at 8:25 p.m. The City Council reconvened the Council meeting at 8:31 p.m. with all members present. PUBLIC WORKS 13) Selection of Consultant for the Orangewood Park Soccer Fields Design It is recommended that the City Council take the following actions: 8 Tuesday December 16, 2014 1. Approve a contract with David Volz Design in the amount of $312,151 for the preparation of site design plans and construction documents for Orangewood Park Soccer Field Improvement Project and authorize the City Manager and City Clerk to execute the contract. 2. Transfer $359,951 from the un-appropriated Park Dedication Fee fund balance to City Project PP-06204 (Account No. 173.82.8620.7700), which includes contract amount ($312,151) with 10% contingency ($31,200) and 5% contract administration ($15,600). This item was removed from the consent calendar for separate consideration. Councilmember Spence expressed his concern of future operational and maintenance costs and inquired as to when the Council will see an Operational Plan. Interim Public Works Director Vogt responded and stated those costs are not known at this time and provided a brief overview of the future design and construction plan that will need to be approved before operational costs will be known. Discussion continued regarding concerns of not knowing operational/maintenance costs Motion by Councilmember Warshaw to get a rough idea of operational/maintenance costs and models prior to approving a contract for design. Community Service Director Freeland further discussed operational costs and costs will be similar to other city sport leagues in which the leagues do contribute to the operation of the facility. Discussion continued. Councilmember Spence seconded Councilmember Warshaw's motion. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 14) San Gabriel Valley (SGV) Water Smart City Challenge It is recommended that the City Council receive and file this report. Motion by Councilmember Herfert and seconded by Mayor Pro Tern Toma to receive and file. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 15) Lot Line Adjustment No. 183 3041 Los Cerrillos Drive It is recommended that the City Council adopt the following resolution: I Tuesday December 16, 2014 RESOLUTION NO. 2014-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 183 AT 3041 LOS CERRILLOS DRIVE AND DIRECTING THE RECORDATION THEREOF (STEVEN AND KUAN GAO) Motion by Councilmember Herfert and seconded by Mayor Pro Tern Toma to adopt. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None CITY ATTORNEY'S OFFICE 16) Interim City Manager Agreement It is recommended that the City Council approve an agreement with the selected Interim City Manager. Councilmember Herfert requested to abstain from the vote due to his not being present at the meeting in which the Interim Ciry Manager was selected. Brief report provide by City Attorney Barlow. Motion by Councilmember Spence and seconded by Councilmember Warshaw to approve. Motion carried 4-0-1. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None ABSTAIN: Herfert END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 17) An Ordinance Amending West Covina Municipal Code § 2-31 Governing Time and Location of City Council Meetings It is recommended that the City Council introduce, give first reading, and waive further reading of the following proposed ordinance amending West Covina Municipal Code § 2- 31: 10 Tuesday December 16, 2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING WEST COVINA MUNICIPAL CODE SECTION 2-31 GOVERNING TIME AND LOCATION OF CITY COUNCIL MEETINGS City Attorney Barlow stated the proposed ordinance would not change the start time of the regular open session City Council meeting at 7:00 p.m. but would allow for closed session to begin at 6:00 p.m. as part of the regular meeting, eliminating the need for a special meeting. Motion by Mayor Pro Tem Toma and seconded by Councilmember Warshaw to introduce, give first reading, and waive further reading of the ordinance. Motion carried by a vote of 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 18) Continued Review of West Covina Municipal Code, Sections 2-400 to 2-405 Concerning Campaign Contributions and Consideration of Proposed Provisions It is recommended that the City Council review the existing provisions and proposed options for revisions of the West Covina Municipal Code, Sections 2-400 to 2-405, relating to campaign contribution regulations and provide direction on possible changes to the current Code sections. City Attorney Barlow stated that she has brought forth proposed alternative for various provision of the campaign contribution ordinance as directed from the City Council's previous study session. Council ensued in discussion regarding each proposed revision. [full discussion available at www.westcovina.org]. The City Council took the following actions on each provision which will be drafted into an ordinance for their further review for subsequent introduction and adoption: WCMC Section 2-400 — Campaign contribution reporting requirements Motion by Warshaw and seconded by Spence to provide full disclosure of any donation over the amount of $100 and require that all money donations in the amount of over $100 be made as defined in Government Code Section 84302 "Written Instrument". Motion carried 3-2. AYES: Spence, Warshaw, Sykes NOES: Herfert, Toma ABSENT: None WCMC Section 2-401 through 2-403 — Contribution by individuals/organizations/political action Motion by Warshaw to combine definition of individuals, organizations and political action committees (PAC) to single definition of "Persons" and limit contributions by "Persons" to $1000. Toma seconded the motion with an amendment to change contribution limits to $500. Warshaw accepted amendment. Motion carried 3-2. Tuesday December 16, 2014 AYES: Toma, Warshaw, Sykes NOES: Herfert, Spence ABSENT: None Motion by Spence and seconded by Warshaw to include the elimination the aggregated cap of PAC contributions. Motion carried 4-1. AYES: Spence, Toma, Warshaw, Sykes NOES: Herfert ABSENT: None WCMC Section 2-404 — Identification of sponsor of campaign material Motion by Warshaw and seconded by Sykes to repeal the section and to rely on the regulations as outlined in Government Code Section 82041.5. Motion carried 4-1. AYES: Spence, Toma, Warshaw, Sykes NOES: Herfert ABSENT: None WCMC Section 2-405 — Definitions It was Council consensus to utilize Definitions as set forth in Government Section 82000 et seq. "Findings and Declarations" and "Purpose" Motion by Toma and seconded by Warshaw to include "Findings and Declarations" and "Purpose" section into the ordinance. Motion carried 3-2. AYES: Toma, Warshaw, Sykes NOES: Herfert, Spence ABSENT: None Enforcement Options Motion by Toma and seconded by Warshaw to include enforcement option into the ordinance modeled as the City of Glendale enforcement section. AYES: Spence, Toma, Warshaw, Sykes NOES: Herfert ABSENT: None MAYOR/COUNCILMEMBERS REPORTS MAYOR FREDRICK SYKES 19) Annual Appointment of City Council Representatives to Other Agencies It is recommended that the City Council take the following actions: 12 Tuesday December 16, 2014 1. Confirm the Mayor's appointments to the various organizations described in the staff report; and 2. Adopt the following resolution appointing a representative and alternate to the San Gabriel Valley Council of Governments: RESOLUTION NO. 2014-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, NAMING FREDRICK SYKES AS THE GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND JAMES TOMA AS THE ALTERNATE Motion by Councilmember Herfert and seconded by Couneilmember Warshaw to confirm the following Mayor's appointment: Or,-anization Representative Alternate City/School Liaison Committee Toma Warshaw Community Service Group Toma Warshaw L.A. Works Spence Herfert General Plan TAC Sykes/Warshaw Toma Foothill Transit Warshaw Toma SGV Mosquito Abatement District Spence None L.A. County City Selection Committee Sykes None Sanitation District Board Sykes Toma So. Cal Assoc. of Gov't (SLAG) Herfert Toma Hurst Ranch Sykes/Warshaw None SGV COG Sykes Toma Walk of Fame Committee Herfert Spence And to adopt Resolution No 2014-57 appointing Fredrick Sykes as the governing board representative to the San Gabriel Valley Council of Governments and James Toma as the Alternate. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None COUNCILMEMBER STEVE HERFERT 20) Orangewood Park Security and Safety Improvements It is recommended that the City Council take the following actions: 1. Authorize City staff to complete the security and safety improvements at Orangewood Park, as outlined in this staff report; and 2. Establish Public Works Project No.PP-15206 for the purchase, installation, and contingencies to upgrade the security fencing at Orangewood Park and appropriate $20,000 in park Dedication Fees into a new account in Fund 175 for such improvements. 13 Tuesday December 16, 2014 Motion by Herfert and seconded by Warshaw to approve as recommended. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 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 meeting/event/conference attended at City expense.) No reports, (Per City of West Covina Standing Rules 4.f- Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Community Development Commission agenda as items of business and must be approved by a majority of the City Council/Community Development Commission.) COUNCILMEMBER STEVE HERFERT 21) Request from Councilmember Steve Herfert for City Council's Consideration to Discuss the Conversion of City Streetlights to Light Emitting Diodes (LED) It is recommended that the City Council provide direction to staff on the conversion of street lights. Motion by Herfert to direct staff to bring back a report for the next meeting regarding the conversion of City streetlights to LED. Southern California Edison representative Ben Wong addresses the Council at the request of Councilmember Warshaw. Mr. Wong briefly presented options available to the City regarding the conversion and funding. Motion seconded by Spence. Motion carried 5-0. AYES: Herfert, Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None CITY COUNCIL COMMENTS Councilmember Spence requested to agendize to separate the City Council benefit package from the Department Heads. Councilmembers thanks both City Manager Chris Chung and retiring Assistant City Clerk Sue Rush for their service to the City. City Manager Chung expressed his thanks and gratitude for his years with the City. 14 Tuesday December 16, 2014 RECESS — Mayor Sykes recessed the regular City Council meeting at 10:36 p.m. in order for the City Council to relocate to the City Manager's conference room to discuss the following: CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATIONS Pursuant to Government Code Section 54957.6 City Negotiator: Chung, Barlow * Miscellaneous Unrepresented Management Employees, including -Assistant City Clerk -Assistant City Manager/Community Development Commission Director -Community Services Director -Finance and Administrative Services Director -Fire Chief -Planning Director -Police Chief -Public Works Director and City Engineer ADJOURNMENT — Meeting adjourned at 11:30 p.m. Submitted,by: Rosalia A:'C6nde, CIVIC Assistant City`Clerk 15