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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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 `.-
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Mayor