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03-17-2015 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 17, 2015, 6:00 PM REGULAR MEETING — CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 MINUTES Mayor Sykes called to order the regular closed session meeting of the West Covina City Council at 6:10 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina. ROLL CALL Present: Mayor Sykes, Mayor Pro Tent Toma Councilmembers Spence, Warshaw Others Present: Mauk, Freeland, Ivy Tsai PUBLIC COMMENTS ON ITEMS ON THE AGENDA No comments made. CLOSED SESSION Mayor Sykes commenced the closed session at 6:15 p.m. to discuss the following matter(s): Tuesday March 17, 2015 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 811 South Sunset Avenue Agency Negotiator: Mauk, Freeland Negotiating Parties: City of West Covina Under Negotiation: Both price and terms of sale and/or lease CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code & 54956.8 Property: 1360 W. Garvey Avenue South Agency Negotiator: Mauk, Freeland Negotiating Parties: Kirk Cartozian, Cartozian Associates Under Negotiation: Terms of Lease CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code & 54956.9(d)(1) CLUE v. City of West Covina THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant to Government Code § 54957(a) City of West Covina Police Department CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code & 54957.6 City Negotiators: Mauk, Freeland • Employee Organizations - Mid -Management Employees - W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 ADJOURNMENT Mayor Sykes.adjourned the meeting at 7:05 p.m. 'tted Rosalia,& C fide, CMC Assistant City, Clerk Fredric c Sykes Mayor CITY OF WEST COVINA CITY COUNCIL TUESDAY, MARCH 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 7:16 p.m. INVOCATION — Led by Pastor Samuel Martinez, Christian Faith Center PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tern Toma ROLLCALL Mayor Sykes, Mayor Pro Tern Toma, Councilmembers Spence, Warshaw REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: 811 South Sunset Avenue Agency Negotiator: Mauk, Freeland Negotiating Parties: City of West Covina Under Negotiation: Both price and terms of sale and/or lease Tuesday March 17, 2015 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code $ 54956.8 Property: 1360 W. Garvey Avenue South Agency Negotiator: Mauk, Freeland Negotiating Parties: Kirk Cartozian, Cartozian Associates Under Negotiation: Terms of Lease CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) CLUE v. City of West Covina THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant to Government Code § 54957(a) City of West Covina Police Department CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code $ 54957.6 City Negotiators: Mauk, Freeland • Employee Organizations - Mid -Management Employees - W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 Assistant City Attorney Ivy Tsai stated there was no reportable action taken during closed session. CHANGES TO THE AGENDA Interim City Manager Mauk recommended that Item No. 5 be removed from the Consent Calendar and place on the regular portion of the agenda. PRESENTATIONS Mayor Sykes assisted by Faustino Rodarte, Manager of the West Covina Girls 8U all -Star Softball team, recognized the players, coaches and team parents on winning the Northern District Championship. Mayor Sykes with Luanne Arredondo, fundraising chair for the City of West Covina's Special Olympics Host Town Committee, accepted a check contribution from Allison Mack, General Manager of Plaza West Covina and Lisa Avakian, Marketing Director of Plaza West Covina for upcoming community events. ORAL COMMUNICATIONS - Five (5) minutes per speaker John Shewmaker, West Covina resident, spoke on comments from the last meeting regarding the volunteer wall painting program and the current graffiti contract. Tuesday March 17, 2015 Angie Gillingham, West Covina resident, requested the City Council not fill the vacant Council seat by appointment as the four seated Councilmembers have been efficient in making decisions in the best interest of the City. Joe Gardner, West Covina resident, made the Council aware of AB278, being introduced by Assemblyman Roger Hernandez, which would change the city's current at -large election with district based elections and urged them to carefully review. Jean Barrymore, West Covina resident, announced the upcoming Food and Wine Festival to be hosted by the West Covina Historical Society and the Hurst Ranch Foundation on July 18`h and 19'h. Lloyd Johnson, West Covina resident, addressed negative comments made by Mayor Sykes at the last meeting regarding the volunteer wall painting project. George Ogden, West Covina resident, stated that the funds raised at the recent Casino Night event will be applied towards the Veterans Memorial project, and addressed the success of the event. Grace Pugh, West Covina resident, spoke on the American Cancer Society Cancer Action Network and addressed the dangers of smoking and supported the proposed smoking prohibition ordinance. Glenn Dodd, Chairperson for Coalition for Tobacco Free Los Angeles County, supported proposed smoking prohibition ordinance. Monty Messex, Los Angeles County Department of Public Health, supported proposed smoking prohibition ordinance. Violet Ruiz, American Heart Association, support proposed smoking prohibition ordinance. Primo Castro, American Cancer Society Cancer Action Network, supported smoking prohibition ordinance. Alisha Lopez, Day One (non-profit organization) and Clean Air Pomona Coalition, supported smoking prohibition ordinance. Cynthia Santana, former West Covina resident and youth advocate supported smoking prohibition ordinance. Maria Lopez, West Covina resident, expressed concerns of an adult establishment at the Crazy Horse location. Juan Reinoso, West Covina resident, addressed the Volunteer Wall Painting Program and comments made by a speaker regarding mismatched walls and proposed his company be allowed to do the wall painting program at no cost to the city. Dana Sykes, West Covina resident, addressed the Volunteer Wall Painting Program and its cost to the city and liability issues; and supported the smoking prohibition ordinance. Tuesday March 17, 2015 Harvey Sherman, West Covina resident, expressed his concerns with Athen Disposal Fees on the senior and disable residents. Lola Finely, West Covina resident, expressed her concerns with lack of notification of a General Plan Update meeting held at Shadow Oak Park; quote by Councilman Spence in the Tribune; disbursement of CDBG funds. Bruce Leinbach, West Covina resident, commended Carolyn Arndt for his civic duties, and spoke on the options to fill the vacant councilmember seat supporting the idea to keep the seat open until the election in November. Carolyn Arndt, West Covina resident, spoke in support of funding for food banks and praised the success of Casino Night Fundraiser. Fernando Venagas Jr., addressed the increase of e-cigarettes in high school and supported the smoking prohibition ordinance. Mayor Sykes made public announcements regarding a planned SCE outage in the Shadow Oak Park area on Monday and upcoming General Plan Update speaker series. Councilmembers commented on speaker comments. RECESS — Mayor Sykes called for a recess at 8:40 p.m. The City Council reconvened at 8:57 p.m. with all Councilmembers present. 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) December 2, 2014 Special City Council Meeting Minutes December 2, 2014 Regular City Council Meeting Minutes Motion by Spence and seconded by Warshaw to receive & file. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None COMMISSION SUMMARY OF ACTIONS (receive & file) 2) November 11, 2014 Community and Senior Services Commission Summary of Actions March 10, 2015 Planning Commission Summary of Actions Motion by Spence and seconded by Warshaw to receive & file. Motion carried 4-0. Tuesday March 17, 2015 AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 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. Leslie Le vs. City of West Covina Melva Nicklebery vs. City of West Covina Alan Romero vs. City of West Covina Luis Hernandez vs. City of West Covina Motion by Spence and seconded by Warshaw to deny claims and notify the claimants and/or their respective attorneys. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None TREASURER'S REPORT (receive & file) 4) Revised City Treasurer's Report for the Quarter Ended December 31, 2014 It is recommended that the City Council receive and file this report. Motion by Spence and seconded by Warshaw to receive and file. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None CITY ATTORNEY'S OFFICE 5) Options for Filling Vacancy of City Council Seat by Appointment or by Calling for a Special Election It is recommended that the City Council review the options set forth and either fill the vacancy of the City Council seat by appointment or fill the seat by conducting a special election. Tuesday March 17, 2015 This item was removed from the consent calendar by the Interim City Manager for separate discussion. Councilmembers discussed their opinions and options as to whether to appoint an individual or to wait until the November election to fill the vacant council seat. Motion by Toma and seconded by Warshaw to move forward and start process for appointment to fill the vacancy. Motion carried 3-1. AYES: Toma, Warshaw, Sykes NOES: Spence ABSENT: None CITY MANAGER'S OFFICE 6) Selection of Executive Search Firm for the Recruitment of City Manager It is recommended that the City Council authorize the following: 1. The selection of Roberts Consulting Group, Inc. for the recruitment of City Manager for an amount not to exceed $24,000; and 2. The appropriation of $24,000 from General Fund Reserves and depositing the funds into account 110.11.1120.6120 (Other Contractual Services) for the cost of recruiting for the City Manager position. This item removed from the consent calendar for separate discussion. Warshaw stated he would like the make any necessary adjustment to the City Manager salary prior to spending money on a recruitment firm to enable interested candidate to be aware of the salary. Interim City Manager Mauk explained that the recruitment flyer and position salary will be part of the recruitment process. Motion by Spence and seconded by Toma to approve. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None COMMUNITY DEVELOPMENT COMMISSION 7) Opposition of Governor's Budget Trailer Bill Proposal Affecting Redevelopment Dissolution It is recommended that the City Council oppose the Governor's Budget Trailer Bill Affecting Redevelopment Dissolution, and authorize the Mayor to execute a letter to West Covina's legislative representatives stating West Covina's opposition. Motion by Spence and seconded by Warshaw to approve. Motion carried 4-0. no Tuesday March 17, 2015 AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 8) Penske Audi Soundwall It is recommended that the City Council authorize the City Manager to approve the extension request by Penske Audi to complete construction of the masonry block wall on the property pursuant to the executed Agreement for Construction and Maintenance of a Soundwall between the City of West Covina and Penske Audi. This item removed from the consent calendar for separate consideration. Councilmember Warshaw inquired as to whether local residents were notified of the proposed soundwall. Planning Director Anderson responded that neighboring residents were notified and no responses or concerns were received. Motion by Warshaw and seconded by Spence to approve. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None FIRE DEPARTMENT 9) 2013 State Homeland Security Grant Program Funds for Fire Ground Survival Train the Trainer It is recommended that the City Council accept and appropriate the 2013 State Homeland Security Grant Program (SHSGP) grant totaling $10,154 into Account No. 227.32.xxxx.5113 (Personnel) for Fire Ground Survival Train the Trainer. Motion by Spence and seconded by Warshaw to approve. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None POLICE DEPARTMENT 10) Award of Bid - Foreclosure Consultant Ordinance 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; and 7 Tuesday March 17, 2015 2. Authorize City staff to execute Purchase Order agreements with Nationwide Cost Recovery Services to provide services through to the expiration of the Foreclosure Ordinance, and authorize the Mayor of the City of West Covina to execute related agreements. Motion by Spence and seconded by Warshaw to approve. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 11) West Covina Police Department Fallen Officer Memorial Street Signs It is recommended that the City Council approve the placing of three memorial signs honoring the West Covina Police Department's fallen Officers. Motion by Spence and seconded by Warshaw to approve. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 12) Asset Forfeiture Funds for Supplies and Police Station Repairs It is recommended that the City Council take the following actions: 1. Appropriate a total of $163,000 in federal asset forfeiture funds from the fund balance of Fund 117, as follows: $79,000 into 117.31.3110.6120 for emergency air duct repairs to the Police Station, and multi -agency police radio interoperability maintenance and service fees; $46,000 into 117.31.3119.6272 for new computer software items supporting Police Department operations; $38,000 into 117.31.3110.7170 to install recently purchased radios into Police vehicles. 2. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330(b), which states that the City Council can dispense with the bidding process when and emergency exists, or when procedures are impracticable, waive the bid process and authorize Mechado Environmental to perform air duct repair and cleaning services at the Police Station, totaling an estimated $45,000, from account 117.31.3110,6120. I Tuesday March 17, 2015 Motion by Spence and seconded by Warshaw to approve. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None PUBLIC WORKS 13) Release of Performance, Labor, and Material Bonds for Precise Plan 12-02 Location: 3041-3133 East Garvey Avenue North It is recommended that the City Council accept all on and off -site improvements for Precise Plan No. 12-02 (LA Fitness), and authorize the release of Faithful Performance and Labor and Material Bonds No. 4384048 by SureTec Insurance Company in the amounts of $279,930.00 and $37,201.00 respectively. Motion by Spence and seconded by Warshaw to approve. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 14) Participation in the California Contract Cities Association (CCCA) and the Los Angeles County Division of the League of California Cities Stormwater Funding Options Study It is recommended that the City of West Covina join with 45 other cities in the Los Angeles County and participate in the shared funding of the Stormwater Funding Options Study. Motion by Spence and seconded by Warshaw to approve. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 15) Amend Volunteer Wall Painting Program It is recommended that the City Council approve the Volunteer Wall Painting Program. This item removed from the consent calendar for separate consideration. Councilmember Warshaw addressed the request from Mr. Reinoso during oral communications for his company to volunteer to paint the walls with no cost to the city and would like to review his offer. Motion by Spence and seconded by Warshaw to table item to the April 7"' meeting, allowing time to review offer. Motion carried 4-0. W Tuesday March 17, 2015 AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 16) Priorities for the Development of a Draft FY 2015-2020 Community Development Block Grant (CDBG) Consolidated Plan It is recommended that the City Council direct staff to develop a draft FY 2015-2020 Consolidated Plan, which incorporates the priorities detailed in Table # 1 of the staff report. Mayor Sykes announced the Public Hearing matter, Assistant City Clerk Conde verified that proper legal notice was given and Mayor Sykes opened the hearing. Management Analyst McDonald present the staff report and answered questions. Mayor Sykes opened the hearing for public testimony. Phil Moreno, West Covina resident, spoke on the purpose of CDBG money an inquired current use of funds and the need for a restroom at the lower level of Shadow Oak Park. Mayor Sykes closed the public testimony asked for council comments. Council discussion ensued. Motion by Spence and seconded by Toma for item to approve the draft be brought back for further discussion. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None DEPARTMENTAL REGULAR MATTERS CITY CLERK'S OFFICE 17) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) of the West Covina Municipal Code Regarding Appointment, Removal, Vacancies and Terms of Commissioners It is recommended that the City Council introduce, read by only and waive further reading of the following Ordinance: 10 Tuesday March 17, 2015 ORDINANCE NO. 2273 - AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-67, 2-68 AND 2-69(a) OF CHAPTER 2, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE REGARDING APPOINTMENT AND TERMS OF COMMISSIONERS Council discussion included a process of how to determine which seated commissioner a new appointed commissioner would replace in order to establish an appointment process of each Councilmember making individual appointments to coincide with their term of office; appointment to a commissioner seat if commissioner is removed/dismissed; appointment of commissioners to a vacant councilmember seat; and when newly appointed commissioners terms would start. Motion by Spence and seconded by Toma that ordinance be amended to reflect that transition of commissioners will be by assigning current commissioners to a councilmember by lot with the most senior commissioner on a commission being assigned to the vacant councilmember seat, terms will be concurrent with the appointing Councilmember and appointment of a removed commissioner seat will be by majority vote of the Council. It was the consensus of the council to have staff incorporate the amendments and bring back the ordinance for a first reading at a subsequent meeting. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None SUCCESSOR AGENCY The City Council recess the City Council meeting at 10:11 p.m. to convene the Successor Agency meeting. The City Council meeting reconvened at 10:13 p.m. with all Councilmembers present. MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 18) Request from Councilman Mike Spence Requesting Discussion on Revising Notification Requirements It is recommended that the City Council direct staff accordingly. Councilman Spence discussed his request to notify businesses and/or property owners of pending City ordinances that will specifically affect their business/property. Motion by Spence and seconded by Sykes to bring item back with language for either an ordinance or a policy of notification requirements.. Motion carried 4-0. 11 Tuesday March 17, 2015 AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None MAYOR PRO TEM JAMES TOMA 19) Prohibition of Smoking at City Parks and other Public Facilities It is recommended that the City Council direct staff accordingly. Mayor Pro Tern Toma discussed his request of barring smoking, including e-cigarettes, in public places. Assistant City Attorney Tsai Motion by Toma and seconded by Sykes to bring back an ordinance for introduction at subsequent meeting. Motion carried 3-1. AYES: Toma, Warshaw, Sykes NOES: Spence 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) COUNCILMAN MIKE SPENCE 20) Request from Councilman Mike Spence Requesting the City Council's Support to Instruct City Staff to Prepare a Staff Report on a Moratorium on Mitigation Fees for Commercial Development It is recommended that the City Council direct staff accordingly. Councilman Spence requested a report on the different construction fess required on retail and commercial developments, and possible moratorium. Motion by Spence and seconded by Toma to approve. Motion carried 3-1. 12 Tuesday March 17, 2015 AYES: Spence, Toma, Sykes NOES: Warshaw ABSENT: None CITY COUNCIL COMMENTS Councilmembers spoke on improvements to the City's mobile app which included a way for residents to report issues directly the Mosquito and Vector Control, receiving a response that your request through the app has been received and GPS issues and ability to properly report location. Councilman Spence addressed concerns with the Fire subscription fee. Mayor Pro Tent announced the upcoming Cherry Blossom Festival on Saturday, March 21" Councilmember Warshaw reminded the public about fundraising for a fourth police canine and donations by Lazy Dog on March 251" and 26" purchases. ADJOURNMENT Motion by Toma and seconded by Spence to adjourn the meeting at 10:45 p.m. in memory of residents Donna Cotter McNeil and Ian Armus. Submitted by: Rosalia A. Conde, . MC Assistant City Clerk e- redrick Syke Mayor 13