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02-17-2015 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY, FEBRUARY 17 2015, 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 7:06 p.m. INVOCATION — Led by Leslie Jenal, Citrus Valley Hospice Group PLEDGE OF ALLEGIANCE — Led by Councilmember Corey Warshaw ROLL CALL Present: Sykes, Toma, Spence (arrived at 8:55 p.m.), Warshaw Absent: Herfert REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH LEGAL REAL PROPERTY NEGOTIATORS Pursuant to Government Code 5 54956.8 Property: 1360 W. Garvey Avenue South Agency Negotiator: Mauk, Freeland Barlow Negotiating Parties: Kirk Cartozian, Cartozian Associates Under Negotiation: Terms of Lease Tuesday February 17, 2015 CONFERENCE WITH LEGAL REAL PROPERTY NEGOTIATORS Pursuant to Government Code $ 54956.8 Property: 2121 E. Shadow Oak Drive Agency Negotiator: Mauk, Freeland Barlow Negotiating Parties: Verizon Wireless Under Negotiation: Terms of Lease CONFERENCE WITH LEGAL COUNSEL — EXITING LITIGATION Pursuant to Government Code $ 54956.9(d)(1) City of West Covina v. Hassen Imports Partnerships, 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 States District Court Case No. 2:13-cv-07532- CAS CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code 54956.9(d)(1) Perez v. City of West Covina CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Mauk, Freeland, Barlow • Employee Organizations - Confidential Employees - Maintenance & Crafts Employees - W.C. Police Officers' Association - W. C. Firefighters' Management Assoc. - General Employees - Mid -Management Employees -W.C. Police Management Association -W.C. Firefighters' Assoc., I.A.F.F, Local 3226 City Attorney Kimberly Barlow stated there was direction provided on each matter and there was no reportable action. CHANGES TO THE AGENDA Interim City Manager Mauk pulled Agenda Item No. 14 off the agenda PRESENTATIONS Mayor Sykes called Deputy City Manager Chris Freeland forward who briefly explained Student Government Day and introduced the students who participated today. Participants were presented with certificates. Mayor Sykes called forward Police Chief Dave Faulkner who introduced the West Covina Police Explores who recently competed with 57 other Explorer Posts in a variety of police exercises in Arizona. Tuesday February 17, 2015 ORAL COMMUNICATIONS - Five (5) minutes per speaker Lola Finley, West Covina resident speaking on behalf of her neighborhood watch group, expressed concerns with crime in the area of Woodbridge apartments and graffiti and requested that more Code Enforcement officers and Police Officers be hired. Ms. Finely also concerned with certain types of businesses opening in the south area. Trudi Saltmarsh, West Covina resident, spoke on the Athens Services contract requesting it being review and addressed the use of Big League Dreams. Alexander Garcia, West Covina resident, spoke on the act of defense and gun ownership. William Elliott, West Covina resident, addressed the release of former City Manager Chris Chung and his severance package; Athens Services contract; and the concealed carry permit policy in the City. Lloyd Johnson, West Covina resident, requested an opinion as to the legality of contracts if not signed by the Mayor; spoke in support of several items on the agenda and announced the Casino Night event on March 7 which is a fundraiser for the Veteran Memorial project. Herb Redholtz, West Covina resident, echoed comments by Lola Finely; expressed concerns with a street vendor at Amar and Officer Chiles Way; supported a changed in the commission appointment process. Elsie Messman, West Covina resident, addressed the use of the Castucci Foundation funds, commented on the new attorney firm, Alicia Oran, West Covina resident, spoke in in opposition to a strip clubs in West Covina and support bringing in a Portos business. Phil Kaufman, West Covina resident, addressed Caltrans presentation at last meeting as it left many unanswered questions, spoke on workers' compensation legal costs, and stated a correction to the commission stipend as reported in the staff report. Armando D'Avila, West Covina resident, inquired into emergency preparedness plans in the City. Sharon Anderson, West Covina resident, expressed her disappointment with the housing development on Lark Ellen as it is not as was presented prior to building. Kevin and Lucy Thielen, West Covina resident, expressed concerns with the Crazy Horse property and supported a Portos at the location. Ruby Fournier, President of West Covina Youth Soccer, spoke in support of a new soccer fields in West Covina and supported the approval of a consultant for field design. Jim Solis. Vice Present of West Covina Youth Soccer, reiterated Ms. Fournier's comments. 3 Tuesday February 17, 2015 Jose Daniel Jimenez, West Covina resident, supported consultant agreement for soccer field design. John Shewmaker, West Covina resident, addressed the progression of the improvements at the police department and current ordinance limiting development on public property. Anthony Chacon Sr., representing West Covina Bruins Jr. All American Football organization, recited a letter which was sent to the school board which expressed concerns with a pop warner football organization who is relocating to West Covina. RECESS — Mayor Sykes recesses the City Council meeting at 8:31 p.m. to allow the students participating in Student Government Day be released. The City Council meeting reconvened at 8:40 p.m. will all members present except Councilmember Herfert. Harold Scoggins, President of the West Covina Bruins Jr. All American Football organization, also shared concerns with an outside football programs coming into the city reciting several of the issues. Bruce Leinbach, West Covina resident, commended resident Lola Finely for her involvement in West Covina and spoke on crime in the area. Interim City Manager Mauk addressed several comments and requested Agenda Item 5 be pulled and reviewed before final approval as speakers expressed concerns with the project. Councilmember Spence arrived at 8:55 p.m. Councilmembers commented of several of the speakers concerns. 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) November 10, 2014 Special City Council Meeting Minutes December 16, 2014 Special City Council Meeting Minutes January 20, 2015 Special City Council Meeting Minutes Motion by Warshaw and seconded by Toma to receive and file. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert rd Tuesday February 17, 2015 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) June 11, 2014 Human Resources Commission Meeting Dec. 10, 2014 Human Resources Commission Meeting Feb. 10, 2015 Planning Commission Meeting Motion by Warshaw and seconded by Toma to receive and file. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert CLAIMS AGAINST THE CITY 3) Government Tort Claim Denials (deny & notify claimant) It is recommended that the City Council deny the following Government Tort Claims, and the claimants and/or their respective attorneys be notified. Jamey Deon vs. City of West Covina Eddie Ramirez vs. City of West Covina Motion by Warshaw and seconded by Toma to deny the claims and notify the claimants and/or their respective attorneys. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert ORDINANCES FOR ADOPTION 4) An Ordinance Amending Chapter 2, Article VIII of the West Covina Municipal Code Relating to Campaign Finance Regulations This ordinance was introduced at the West Covina Council meeting of February 3, 2015. The purpose of this ordinance is to revise and update the laws relating to campaign contributions under Chapter 2, Article VIII of the West Covina Municipal Code. The ordinance will take effect 30 days after its adoption on February 17, 2015. It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. 2272 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE VIII OF THE WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE REGULATIONS 5 Tuesday February 17, 2015 This items removed from the consent calendar for separate consideration. Following discussion by Council, motion by Toma and seconded by Warshaw to waive further reading and adopt. Motion carried 3-1. AYES: Toma, Warshaw, Sykes NOES: Spence ABSENT: Herfert APPROVAL OF FINAL MAP 5) Approval of Final Map for Tract Map No. 72320 Location: 520 S. Lark Ellen Avenue Subdivider: K B Home Greater Los Angeles, Inc. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT MAP NO. 72320 LOCATED AT 520 S. LARK ELLEN AVENUE (K B HOME GREATER LOS ANGELES, INC.) This item pulled of the agenda by Interim City Manager Mauk due to concerns brought forth by speakers. Motion by Warshaw and seconded by Sykes to continue this item to the next meeting. Motion carried 3-1. AYES: Toma, Warshaw, Sykes NOES: Spence ABSENT: Herfert COMMUNITY SERVICES DEPARTMENT 6) Co -Sponsorship of Lions Club Night on the Town Event It is recommended that the City Council take the following actions: 1. Approve the co-sponsorship of the West Covina Lions Club 2015 Night on the Town event on May 20, 2015; and 2. Authorize the City Manager to waive the Temporary Use Permit and Street Banner Permit fees for the West Covina Lions Club Night on the Town event. Motion by Warshaw and seconded by Toma to approve as recommended. Motion carried 4-0. G Tuesday February 17, 2015 AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert FINANCE DEPARTMENT 7) Extend Professional Services Agreement with Government Financial Services It is recommended that the City Council authorize staff to extend the agreement with Government Financial Services (GFS) for accounting services at $120 per hour not to exceed total amount of $70,000. Motion by Warshaw and seconded by Toma to approve. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert HUMAN RESOURCES 8) Adopting a New Memorandum of Understanding (MOU) and Amending Compensation and Benefits for the West Covina Police Management Association It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A ONE-YEAR MEMORANDUM OF UNDERSTANDING (MOU) FOR THE WEST COVINA POLICE MANAGEMENT ASSOCIATION AND AMENDING COMPENSATION AND BENEFITS FOR THE WEST COVINA POLICE MANAGEMENT ASSOCIATION Motion by Warshaw and seconded by Toma to adopt. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert 9) Resolution of the West Covina City Council Separating the Benefits of the City Council from Department Heads It is recommended that the City Council adopt the following resolution, separating City Council benefits to Department Heads: RESOLUTION NO. 2015-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RELATED TO BENEFITS AND 7 Tuesday February 17, 2015 COMPENSATION FOR CITY COUNCILMEMBERS Motion by Warshaw and seconded by Toma to adopt. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert 10) Renewal of General Service Agreement with the County of Los Angeles It is recommended that the City Council adopt the following resolution, renewing the General Services Agreement (GSA) and authorize the City Manager to execute the agreement: RESOLUTION NO. 2015-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE RENEWAL OF A CONTRACT WITH THE COUNTY OF LOS ANGELES CONCERNING A GENERAL SERVICES AGREEMENT Motion by Warshaw and seconded by Toma to adopt. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert 11) Approval of Contract for West Covina Workers' Compensation Legal Counsel It is recommended that the City Council approve the month -to -month retainer agreement with the law firm of Lewis, Brisbois, Bisgaard, and Smith to provide workers' compensation legal counsel. This item was removed from the consent calendar for separate consideration. Due to a comment by a speaker, Mayor Pro Tern Tomas requested this item be held over in order for staff to address the rational the differential of rates charged on different matters of work. Motion by Toma and seconded by Warshaw to hold over. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert 12) Status Report on City of West Covina's Workers' Compensation Program It is recommended that the City Council receive and file this informational report. I Tuesday February 17, 2015 This item was removed from the consent calendar for separate consideration. City Attorney Barlow and staff responded to questions regarding the program operations. Motion by Spence and seconded by Toma to receive and file. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert PUBLIC WORKS 13) Selection of Consultant for the Orangewood Park Soccer Fields Design It is recommended that the City Council take the following actions: 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; and 2. Transfer $358,951 from the un-appropriated Park Dedication Fee fund balance (Fund 173) to Project No. 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). AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert 14) Establish As -Needed Construction Management, Inspection, and Related Services Consultant Shortlist for Support on Various Capital Improvement Program Projects It is recommended that the City Council approve and establish As -Needed Construction Management, Inspection, and Related Services Shortlist that prequalifies Civil Source, Inc. of Irvine, Onward Engineering, Inc. of Anaheim, Pacifica Services, Inc. of Pasadena, RKA Consulting Group of Walnut, and Willdan Engineering, Inc. of Industry, and authorize the Public Works Department to seek proposals from the consultant's shortlist on an "as -needed" basis for a term of three years. This item was removed from the consent calendar by the Interim City Manager at the beginning of the meeting. TREASURER'S REPORT (receive & file) 15) City Treasurer's Report for the Quarter Ended December 31, 2014 It is recommended that the City Council receive and file this report. 0 Tuesday February 17, 2015 AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 16) Code Amendment No. 13-07 Second Dwelling Units General Exemption The Planning Commission and staff recommend that the City Council introduce the following ordinance: ORDINANCE NO. 2271 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO SECOND DWELLLING UNITS Mayor Sykes stated this hearing was opened on February 3, 2015, public testimony was heard and the hearing was continued in order for staff to make modifications to the ordinance as directed by the Council. Staff reported presented by Planning Director Jeff Anderson. Anderson reviewed the proposed modifications regarding and language to address corner lot situations and answered questions. Motion by Warshaw and seconded by Toma to introduce the ordinance. Motion carried 3-1. AYES: Toma, Warshaw, Sykes NOES: Spence ABSENT: Herfert SUCCESSOR AGENCY The City Council recess the City Council meeting at 9:42 p.m. to convene the Successor Agency meeting. The City Council meeting reconvened at 9:45 p.m. with all Councilmembers present. IC: Tuesday February 17, 2015 MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 17) Request from Councilman Mike Spence Requesting Discussion on the Art in Public Places Code It is recommended that the City Council direct staff accordingly. Councilmember Spence stated his opposition to the code as it increases the cost of the development project and enforcement issues. Motion by Spence to repeal the Art in Public Places code section. Motion dies for a lack of second. Motion by Warshaw and seconded by Toma to receive and file the report. Motion carried 3-1. AYES: Toma, Warshaw, Sykes NOES: Spence ABSENT: Herfert 18) Municipal Code Revision Regarding the Selection, Appointment and Removal of the City Manager It is recommended that the City Council instruct the City Manager to work with the City Attorney to update the ordinance for presentation to the Council and possible consideration by the voters of West Covina in November of 2015. Motion by Spence and seconded by Warshaw to direct the City Manager work with the City Attorney to prepare amendment options, including repeal, to the City Manager municipal code section. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert COUNCILMEMBER COREY WARSHAW 19) Review of Current Appointment Process of City Advisory Commissioners It is recommended that the City Council direct staff accordingly. Motion by Warshaw and seconded by Sykes to have staff bring back options to the appointment process of City Advisory Commissioners. Motion carried 4-0. 11 Tuesday February 17, 2015 AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert 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. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (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.) MAYOR PRO TEM JAMES TOMA 20) Request from Mayor Pro Tern James Toma Requesting the City Council's Consensus to Instruct City Staff to Prepare a Report Examining Smoking Prohibitions at City Parks and Other Public Facilities It is recommended that the City Council direct staff accordingly. Motion by Toma and seconded by Warshaw to have staff bring back a report as to what other cities have in place as to smoking prohibitions in surrounding cities. Motion carried 3-1. AYES: Toma, Warshaw, Sykes NOES: Spence ABSENT: Herfert CITY COUNCIL COMMENTS Councilmember Warshaw requested to agendize for discussion allowing the volunteer group who is painting the city walls to use the city's equipment and/or vehicle. Councilmember Spence stated he had previously requested to agendize for discussion a process to notify property owners and business owner of ordinances being adopted that will affect their property. Mayor Sykes announce the upcoming charrette regarding the General Plan Update. Planning Director Anderson explained the charrette purpose. 12 Tuesday February 17, 2015 ADJOURNMENT Motion by Warshaw and seconded by Sykes to adjourn the meeting at 10:19 p.m. Submitted t y,:' .' 1 , z L Rosdlia A %onde, CMC, Assistant i ity_.C'lerk `.- 13 Mayor