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
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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:
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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.
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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.
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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
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