05-05-2015 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY MAY 05, 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
6:16 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 Tern Toma
Councilmembers Spence, Warshaw, Wong
Others Present: Mauk, Freeland, Crown, Barlow, Faulkner
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
No comments made.
CLOSED SESSION
Mayor Pro Tern Toma did not participate in the State of California Department of Transportation
matter due to his employment with the State Attorney's Office and left the room during the
discussion of those two items.
Mayor Sykes commenced the closed session at 6:21 p.m. to discuss the following matter(s):
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Tuesday May 5, 2015
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code & 54956.9(d)(1)
State of California Department of Transportation v. West Covina Successor Agency, et al.
[Westfield Mall]
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1) 1
State of California Department of Transportation v. West Covina Successor Agency, et al.
[Lakes Office Complex] i
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code $ 54956.9(d)(1)
City of West Covina Successor Agency, et al. v. Cohen, et al.
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Mauk, Freeland
Employee Organizations
- 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 6:32 p.m.
Submitted by:
Rosalia A: Con e, M
Assistant City Clerk
lv.ayvi
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY, MAY 05 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 7:02 p.m.
INVOCATION — Led by Pastor Grace Wabuke from Faith Community Church
PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tern Toma
ROLLCALL Mayor Sykes, Mayor Pro Tern Toma,
Councilmembers Spence, Warshaw, Wong
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(I)
State of California Department of Transportation v. West Covina Successor Agency, et al.
[Westfield Mall]
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(djU
State of California Department of Transportation v. West Covina Successor Agency, et al.
[Lakes Office Complex]
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Tuesday May 5, 2015
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code $ 54956.9(d)(1
City of West Covina Successor Agency, et al. v. Cohen, et al.
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Mauk, Freeland
• Employee Organizations
- W.C. Police Officers' Association
- W.C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, I.A.F.F., Local 3226
City Attorney Kimberly Barlow stated there was no reportable action taken during closed session.
CHANGES TO THE AGENDA
Interim City Manager Mauk stated there were no changes.
PRESENTATIONS
No Presentations
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Xingzheu Liu, Asian Americans Advancing Justice, Los Angeles, spoke in support of Mayor
Sykes signing Amicus Brief which supports President Obama's executive order on immigration
and spoke on the programs it supports.
Alicia Vargas, also supported the Mayor signing the Amicus Brief and the programs it supports.
William Elliott, West Covina resident, spoke in opposition to Mayor Sykes signing of the Amicus
Brief and addressed comments made by speakers at the last meeting regarding immigrants.
Shirley Buchannan, West Covina resident, requested a status report on the WC Homes litigation
appeal and requested the Council reach closure.
John Shewmaker, West Covina resident, addressed the appointment of Ben Wong and questioned
Mayor Sykes thought process with his vote and his taking actions that appear to be in contradiction
to his statements.
Elsie Messman, West Covina resident, spoke on her concerns with items on the warrant register
and feels the city should purchase within the city before going outside, requested when the
residents would hear about the state audit, when will there be a budget study session and had
questions regarding several other city issues.
Gloria Gandara, West Covina resident, addressed the agenda item regarding the role of the Mayor.
Tuesday May 5, 2015
Lloyd Johnson, West Covina resident, made a brief comment regarding election recounts and the
upcoming election and spoke in support of the Veterans Memorial art project and the project to
move forward.
Herb Redholtz, West Covina resident, addressed the issues in the City of Industry, specifically the
street sweeping contract, and expressed his opinion that the City should reviewed certain contracts
that were approved by the previous City Council and staff.
Martin Valadez, West Covina resident, spoke on concerns of budget cuts within the Fire
Department.
Carley Valadez, West Covina resident, spoke in support of the Fire Department and the retention
of Fire personnel.
Debbie Valadez, West Covina resident, also spoke in support of the West Covina Fire Department
and the retention of personnel.
George Ogden, West Covina resident, addressed the future of West Covina and the development
at the BKK site with a hotel/casino or heliport and addressed the benefits and announced upcoming
ROTC event.
Jerri Potras, West Covina resident, addressed the actions of the Mayor and his signing the Amicus
Brief supporting the Presidents executive order and other issues of importance in the community
that the council should be addressing with communication and open discussion.
Gary Gileno, West Covina resident, addressed the agenda item regarding police computer data
storage solution and asset forfeiture funds and sustainable development.
Lester J. LeuFrox, West Covina resident, addressed issues from the previous meeting including
the appointment to the vacant seat supporting the seat remain vacant until the next election,
comments made by speakers.
Royal Brown, West Covina resident, spoke on reclaimed water issues.
Lola Finley, West Covina resident, spoke on several issues that affect the residents requesting the
council do what is best for the resident and their personal agendas.
Jefferson DeRoux, West Covina resident, addressed the council vacancy appointment process at
the last meeting.
Alfred Williams, West Covina resident, addressed comments at the previous meeting regarding
the Mayors signing of the Amicus Brief and stated the speakers issue should be rather the Mayor
had the right to sign the Brief and not comments regarding a national issue which is not under the
jurisdiction of the Council.
Tuesday May 5, 2015
Betty Hung, Policy Director at Asian Americans Advocating Justice, thanked the Mayor for
signing the Amicus Brief.
Ahmad Solomon, representing Southern California Edison, introduced himself as the City's liaison
with SCE.
Glen Delameter, West Covina resident, addressed reclaimed water issues and effects of the drought
and spoke on the water dumping into the Walnut Creek Wash area and how that water can be used.
Elisa Perez, West Covina resident, addressed the previously proposed ordinance to ban smoking
at city parks and on city property and requested the council reconsider their previous vote.
Daniel Luna, West Covina resident, addressed the Mayor's signing of the Amicus Brief and
supported the Mayor right to sign the Brief as the Mayor, not on behalf of the Council and water
restrictions.
William Robinson, West Covina resident, addressed the usage of reclaimed water throughout the
city.
Irene Fleck, West Covina resident, announced upcoming library events.
Assistant City Clerk Conde read into the record a letter written by resident Cesar Cervantes which
stated his support of a comprehensive immigration reform.
Interim City Manager Mauk addressed issues brought forth by speakers.
Mayor Pro Tern Toma requested that the street sweeping contract be place on the future agenda
for discussion.
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.
COMMISSION SUMMARY OF ACTIONS (receive & file)
1) April 28, 2015 Planning Commission Meeting
Motion by Warshaw and seconded by Toma to receive & file. Motion carried 5-0.
AYES: Spence, Toma, Warshaw, Wong, Sykes
NOES: None
ABSENT: None
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Tuesday May 5, 2015
CLAIMS AGAINST THE CITY
2) 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 so notified.
• West Covina Unified School District vs. City of West Covina
• Dickson Dao vs. City of West Covina
Motion by Warshaw and seconded by Toma to deny and notify claimants and/or their respective
attorneys. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
TRAFFIC COMMITTEE MEETING MINUTES (accept & file)
3) April 21, 2015 Traffic Committee Minutes
It is recommended that the City Council accept and file the minutes of the Traffic
Committee meeting held on April 21, 2015.
This item was removed from the Consent Calendar for separate consideration.
With the parking issues due to the I-10 widening project, Councilmember Wong expressed
concerns of the impact the permit parking only on Morada will have on the adjacent side streets,
and suggested revisiting at a future time the code section which allows the issuance of four permits
per dwelling if parking restrictions are implemented. Councilman Spence expressed concern that
the cited complaints are issues regardless of increased parking from the condominium/apartment
complexes. Mayor Pro Tem Toma inquired as to vehicle speed studies. Public Works Director
Consunji responded to concerns.
Motion by Warshaw and seconded by Toma to accept & file with amendment by Councilmember
Wong to monitor the street parking issues/impact on the street to the west of Moranda and to report
back to council in a few months. Motion carried 4-1.
AYES:
Toma, Warshaw, Wong, Sykes
NOES:
Spence
ABSENT:
None
Tuesday May 5, 2015
CITY MANAGER'S OFFICE
4) Cancellation of May 19, 2015 City Council Meeting
It is recommended that the City Council cancel the May 19, 2015 City Council meeting due
to lack of anticipated quorum.
Motion by Warshaw and seconded by Toma to approve. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
FIRE DEPARTMENT
5) Authorization for Fireworks Display
It is recommended that the City Council grant the following fireworks display:
1. Edgewood High School Graduation Ceremony on June 1, 2015
2. West Covina High School Graduation Ceremony on June 2, 2015
3. City of West Covina Independence Day Celebration on July 4, 2015
Motion by Warshaw and seconded by Toma to approve. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
HUMAN RESOURCES
6) Adopting a New Memorandum of Understanding (MOU) and Amending
Compensation and Benefits for the West Covina Mid -Management Employee
Association
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-31 - 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 MID -
MANAGEMENT EMPLOYEE ASSOCIATION AND AMENDING COMPENSATION
AND BENEFITS FOR THE MID -MANAGEMENT ASSOCIATION
Motion by Warshaw and seconded by Toma to approve. Motion carried 5-0.
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Tuesday May 5, 2015
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
POLICE DEPARTMENT
7) Award of Bid - Police Computer Data Storage Solution
It is recommended that the City Council find that Impex Technologies of El Segundo is the
sole responsive and qualified bidder for the Police Department's computer data flash storage
solution, and authorize a purchase order totaling $163,344 using asset forfeiture funds
previously appropriated for this purpose, in account 117.31.3119.7130.
Motion by Warshaw and seconded by Toma to approve. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
PUBLIC WORKS
8) Citywide Lighting and Maintenance District
Preliminary Approval of the Engineer's Report
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-33 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE
CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A
PUBLIC HEARING ON JUNE 16, 2015 TO APPROVE CITYWIDE ASSESSMENTS
COMMENICNG IN FISCAL YEAR 2015-2016 TO FUND THE OPERATION AND
MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE
DISTRICT
This item was removed from the Consent Calendar,for separate consideration. Councilmember
Wong stated that due to a conflict of interest with his employment with Southern California Edison
he would not participate. Councilmember Wong left the dais.
Councilman Spence expressed concerns with a proposed increase in rates.
Motion by Warshaw and seconded by Toma to approve. Motion carried 3-1. [Wong did not
participate.]
AYES:
Toma, Warshaw, Sykes
NOES:
Spence
ABSENT:
None
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Tuesday May 5, 2015
Councilmember Wong returned to the dais.
9) Civil Design Services for Veterans Memorial Public Art Project at the West Covina
Civic Center
It is recommended that the City Council take the following actions:
1. Accept the proposal from Community Works Design Group (CWDG) in the amount of
$12,760 for the preparation of Civil Design and Construction Documents for the City
of West Covina Veterans Memorial; and
2. Approve a contract with Community Works Design Group and authorize the City
Manager and City Clerk to execute the contract.
Motion by Warshaw and seconded by Toma to approve. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
10) City of West Covina FY 2015-2020 Community Development Block Grant (CDBG)
Consolidated Plan
It is recommended that the City Council approve the proposed FY 2015-2020 CDBG
Consolidated Plan.
Mayor Sykes introduce the hearing matter, Senior Administrative Secretary Ioannidis verified
proper legal notice was given and Mayor Sykes opened the hearing. Management Analyst
McDonald present the staff report and answered questions. Councilman Spence requested a
breakdown of the administrative overhead costs.
Mayor Sykes opened the public testimony portion of the hearing.
Lola Finley, West Covina resident, asked the Council if they have received her input of where
funds are needed.
Mayor Sykes closed the public testimony and asked for Council comments. Council discussion
ensued. Council did inquire as to time frame to receive public input. Interim City Manager Mauk
�y
Tuesday May 5, 2015
stated the public should put their request in writing and submit within the next two weeks. Further
discussion concluded that the projects would be established during the budget process.
Motion by Wong and seconded by Warshaw to approve. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
11) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) Adding Section 2-69(c) of the
West Covina Municipal Code Regarding Appointment, Removal, Vacancies and
Terms of Commissioners
It is recommended that the City Council introduce, read by title and waive further reading
of the following Ordinance:
ORDINANCE NO. 2273 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-67, 2-68 AND 2-69(a)
AND ADDING SECTION 2-69(e) OF CHAPTER 2, ARTICLE 11I, OF THE WEST
COVINA MUNICIPAL CODE REGARDING APPOINTMENT AND TERMS OF
COMMISSIONERS
City Attorney Barlow stated that the Councils prior direction of changes have been incorporated
into the ordinance. Changes include changing language related to good cause for removal, process
for removal/replacement of commissioners by a councilmember who vacates his seat, elimination
of language regarding transition with a councilmember vacancy and elimination of term dates as
term will coincide with term of councilmember. Councilmember Wong inquired as to language if
a commissioner was removed for good cause, there be a moratorium of any appointment within
the City for one year.
Motion by Wong and seconded by Warshaw to read by title only, waive further reading and
introduce Ordinance No. 2273 and to include language of a moratorium of any City appointment
for the period of one year if commissioner is removed for good cause. Motion carried 5-0.
AYES: Spence, Toma, Warshaw, Wong, Sykes
NOES: None
ABSENT: None
W
Tuesday May 5, 2015
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMAN MIKE SPENCE
12) Development of Policy/Code Amendment on Establishing Courtesy Notification
Standards for Code Amendments
It is recommended that the City Council direct staff accordingly.
Councilman Spence supported staffs proposed recommendation for developing and providing
courtesy notices to affected parties. Discussion ensued.
Motion by Spence and seconded by Wong to have staff develop a policy for courtesy notification
standards to notify business owners and property owners of a Code Amendment that will have an
effect on their business and/or property. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
13) Mitigation Fees for Commercial Development
It is recommended that the City Council direct staff accordingly.
Councilman Spence suggested a moratorium/mitigation on the addition fees required of developers
in order to encourage commercial development, the additional fees being Quimby fees [park
dedication] and Public Art fees.
Motion by Spence to place a one year moratorium on the additional fees for new construction.
Motion dies due to lack of second.
Councilmember Wong requested what the impact would be if a moratorium was put in place and
for information of fees generated by the Quimby fees and Art in Public Places fees for the past few
years.
Item dies due to lack of second.
14) Review of Section 15-32 of the West Covina Municipal Code Related to Possession of
Weapons at City Hall Being Prohibited
It is recommended that the City Council direct staff accordingly.
Councilman Spence stated he would like to amend the code section to allow anyone who is allowed
by law to carry a weapon be allowed to carry a weapon at City Hall.
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Tuesday May 5, 2015
Motion by Spence and seconded by Warshaw to return with a proposed amendment with the added
language and io have the Police Chief return with a report with input from the Police Department.
Motion carried 4-1.
AYES:
Spence, Warshaw, Wong, Sykes
NOES:
Toma
ABSENT:
None
(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
15) Request from Councilman Mike Spence Requesting the City Council's Support to
Instruct City Staff to Prepare a Staff Report on the Role of the Mayor
It is recommended that the City Council direct staff accordingly.
Motion by Spence and seconded by Wong to return with a report to review the role of Mayor and
City Council Standing Rules. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
MAYOR PRO TEM JAMES TOMA
16) Request from Mayor Pro-Tem James Toma for City Council's Consideration to
Discuss the Recently Mandated Statewide Water Restrictions
It is recommended that the City Council direct staff accordingly.
Motion by Toma and seconded by Warshaw to return with a report to discuss the statewide water
restrictions and the effects to the City. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
CITY COUNCIL COMMENTS
Mayor Pro Tern Toma and Councilmember Warshaw requested to agendize discussion regarding
evergreen contracts, including the Nationwide contract.
Tuesday May 5, 2015
ADJOURNMENT
Motion by Warshaw and seconded by Toma to adjourn the meeting at 10:25 p.m.
Submitted by:
Rosalia•A..Conde, C C
Assistant ,City Clerk -
re ric c ykes
Mayor
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