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08-18-2015 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY, AUGUST 18, 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 7:26 p.m. INVOCATION — Led by Pastor Grace Wabuke, Faith Community Church PLEDGE OF ALLEGIANCE — Led by Councilmember Warshaw ROLLCALL Mayor Sykes, Mayor Pro Tem Toma, Councilmembers Spence, Warshaw, Wong REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 6 54956.8 Property: 2400 Azusa Avenue 811 South Sunset 2650 East Shadow Oak Drive 2501 Cortez Street 2121 East Shadow Oak Drive 625 East Merced Avenue Tuesday August 18, 2015 Agency Negotiator: Mauk, Freeland Negotiating Parties: City of West Covina & Landmark Dividend Under Negotiation: Both price and terms of lease CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code � 54956.9(d)(1) Clue v. City of West Covina CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(3) Number of Cases: Two (2) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code $ 54957.6 City Negotiators: Mauk, Barlow • Employee Organizations - Unrepresented Employees: City Manager & Police Chief PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code 54957 Title: City Manager CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Mauk, Freeland, Barlow • Employee Organizations - W.C. Police Officers' Association City Attorney Kimberly Barlow stated closed session would resume after the open session meeting. There was no reportable action taken. CHANGES TO THE AGENDA Interim City Manager requested to remove Item 16 from the agenda, Agreement with Willdan Engineering for City Traffic Engineering Services, to be brought back to a future meeting date. PRESENTATIONS Mayor Sykes, assisted by Police Chief Dave Faulkner, presented a Certificate of Recognition to Ron McCarthy, a longtime supporter of the West Covina Police Department who has made significant donations of police equipment to the City. Mayor Sykes announced Lisa Mayo's participation in the "They Will Know' program which addresses the importance of domestic violence awareness. 2 Tuesday August 18, 2015 ORAL COMMUNICATIONS - Five (5) minutes per speaker Gary Gileno, West Covina resident, addressed information on candidate websites and issues regarding the General Plan Update. John Shewmaker, West Covina resident, addressed concerns surrounding the state audit. Elsie Messman, West Covina resident, addressed the State audit and several city issues. Tressy Capps, spoke concerns of the General Plan Update, expressed concerns with the Mayor's recent actions. Lola Finely, West Covina resident, addressed recent neighbor watch meeting in her neighborhood, the State audit, staff requirement, school resource officers and various city issues. Trudy Saltmarsh, West Covina resident, spoke on the General Plan Update meetings and communication to the public regarding various community issues. Valerie Strevell, spoke on partnering her company, Natural Disaster Preparedness, with the City for emergency preparedness. Wen Wen Zhang, representing the West Covina library, announced the library's centennial celebration on September 12, 2015. Shirley Buchannan, West Covina resident, addressed legal fees paid to special counsel Squires, Patton, Boggs. William Elliott, West Covina resident, expressed concerns with candidates in the upcoming election and spoke on the 2nd Amendment. Interim City Manager Mauk addressed concerns brought forth by speakers. City Attorney Barlow addressed questions regarding Hassen import Partnerships litigation fees. 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. Councilmember Wong announced his appointment of Ian .tones to the Planning Commission. APPROVAL OF MEETING MINUTES (receive & file) 1) December 16, 2014 Regular City Council Meeting Minutes Motion by Toma and seconded by Warshaw to receive & file. Motion carried 4-0-1. Councilmember Wong abstained due to his not being on the Council on that date. 3 Tuesday August 18, 2015 AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None ABSTAIN: Wong COMMISSION SUMMARY OF ACTIONS (receive & file) 2) May 12, 2015 Community and Senior Services Commission Summary of Actions Motion by Toma and seconded by Warshaw to receive & fie. Motion carried 5-0 AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None ORDINANCES FOR ADOPTION 3) Expedited and Streamlined Permitting Procedures for Small Residential Solar Energy Systems and Order Collection of Fees This ordinance was introduced at the West Covina City Council meeting of July 21, 2015. The purpose of this ordinance is to add Article XV II "Small Residential Solar Energy System Permits" to Chapter 7 (Buildings and Building Regulations) of the West Covina Municipal Code and allow staff to collect fees for plans review and inspections in accordance with Senate Bill 1222. The ordinance will take effect 30 days after its adoption on August 18, 2015. It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. 2280 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING ARTICLE XVil TO C14APTF-R 7 RELATING TO EXPEDITED AND STREAMLINED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS Motion by Toma and seconded by Warshaw to waive further reading and adopt Ordinance No. 2280. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 0 Tuesday August 18, 2015 4) Ordinance Adding Section 15-19 (Sex Offender Residency and Loitering Restrictions) of Article I (General) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety), Relating to Certain Sex Offenders This ordinance was introduced at the West Covina City Council meeting of July 21, 2015. The purpose of this ordinance is to add Section 15-19 to the West Covina Municipal Code which is intended to reduce the potential dangers associated with multiple child sex offenders living near families with children and places where children regularly gather. The ordinance will take effect 30 days after its adoption on August 18, 2015. It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. 2282 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING SECTION 15-19 (SEX OFFENDER RESIDENCY RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY), RELATING TO CERTAIN SEX OFFENDERS Motion by Toma and seconded by Warshaw to waive further reading and adopt Ordinance No. 2282. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None AWARD OF BID 5) Award of Bid for Sidewalk Repairs at Various Locations (Project Nos. SP-15104 and SP-15107) It is recommmended that the City Council accept the bid of CEM Construction Corporation, Inc. of Downey in the amount of $72,559 as submitted at the bid opening on July 21, 2015, and authorize the Mayor and City Clerk to execute an agreement with CEM Construction Corporation, Inc. for the work to be done. Motion by "Toma and seconded by Warshaw to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong; Sykes NOES: None ABSENT: None 6) Award Contract and Appropriate Funds for Shower Stall Repairs at Fire Station No. 1 G Tuesday August 18, 2015 It is recommended that the City Council take the following actions: 1. I .Award a contract to Randall and Edwards Design and Build, Inc. in the amount of $40,000 for the repair of shower stalls at Fire Station No. 1; and 2. Appropriate additional $11,043 in Construction Tax Funds to cover the shortfall in funding. Motion by Toma and seconded by Warshaw to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 7) Traffic Committee Minutes - Meeting of July 21, 2015 L Request: City Initiated That a two-hour limit for on -street parking along Toluca Avenue from West Covina Parkway to Cameron Avenue be implemented. Traffic Committee Recommendation: That a two-hour limit for on -street parking along Toluca Avenue from West Covina Parkway to Cameron Avenue be implemented. H. Request. - Business Owners That a two-hour limit for on street -parking along East Garvey Avenue South from Azusa Avenue to Hollenbeck Street be removed. Traffic Committee Recommendation: That a two-hour limit for on -street parking along East Garvey Avenue South from Azusa Avenue to Hollenbeck Street be removed. Motion by Toma and seconded by Warshaw to accept & file. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None C Tuesday August 18, 2015 TREASURER'S REPORT (receive & file) 8) City Treasurer's Report for the Quarter Ended June 30, 2015 It is recommended that the City Council receive and file the report. Motion by Toma and seconded by Warshaw to receive and file. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None CITY MANAGER'S OFFICE 9) Appointment of City Commissioners It is recommended that the City Council receive and file the informational report. Motion by Toma and seconded by Warshaw to receive and file. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None FINANCE DEPARTMENT 10) Prop A Fund Exchange - City of Hawaiian Gardens It is recommended that the City Council approve the Proposition A Local Return Fund Exchange with the City of Hawaiian Gardens and authorize the City Manager to execute the assignment agreement. This item was removed from the consent calendar for separate consideration. Councilman Spence expressed his concerns with selling Proposition A funds without an analysis of whether they could be used by the City in the future. As the fiscal year 15-16 general fund budget includes revenue from the fund exchange, Councilmembers concurred to evaluate any Prop A fund exchange in future years. Motion by Warshaw and seconded by Wong to approve. Motion carried 4-1. AYES: Toma, Warshaw, Wong, Sykes NOES: Spence ABSENT: None 7 Tuesday August 18, 2015 11) Prop A Fund Exchange - City of West Hollywood It is recommended that the City Council approve the Proposition A Local Return Fund Exchange with the City of West Hollywood and authorize the City Manager to execute the assignment agreement. This item was removed from the consent calendar for separate consideration. Councilman Spence expressed his concerns with selling Proposition A funds without an analysis of whether they could be used by the City in the future. As the fiscal year 15-16 general fund budget includes revenue from the fund exchange, Councilmembers concurred to evaluate any Prop A fund exchange in future years. Motion by Warshaw and seconded by Wong to approve. Motion carried 4-1. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: Spence ABSENT: None 12) Resolution Authorizing Investment in the Local Agency Investment Fund (LAIF) It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AITCHORIZING THE USE OF THE LOCAL AGENCY INVESTMENT FUND UNDER THE OFFICE OF THE CALIFORNIA STATE TREASURER AS AN INVESTMENT ALTERNATIVE. Motion by Toma and seconded by Warshaw to adopt Resolution No. 2015-60. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None HUMAN RESOURCES 13) Adopting a New Memorandum of Understanding (MOU) and Amending Compensation and Benefits for the West Covina Fire Management Employee Association It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A TWO-YEAR MEMORANDUM OF UNDERSTANDING (MOU) FOR THE WEST COVINA TIRE 9 Tuesday August 18, 2015 MANAGEMENT ASSOCIATION AND AMENDING COMPENSATION AND BENEFITS FOR THE FIRE MANAGEMENT ASSOCIATION Motion by Toma and seconded by Warshaw to adopt Resolution No. 2015-37. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 14) Approval of New Position Class Specifications for Economic Development Project Coordinator, Assistant Finance Director, and Accounting Manager It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2015-61 - A RESOLUTION OF THE CPfY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR ECONOMIC DEVELOPMENT PROJECT COORDINATOR RESOLUTION NO. 2015-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALFORNIA, APPROVING THE CLASS SPECIFICATION FOR ASSISTANT FINANCE DIRECTOR RESOLUTION NO. 2015-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALFORNIA, APPROVING THE CLASS SPECIFICATION FOR ACCOUNTING MANAGER Motion by Toma and seconded by Warshaw to adopt Resolution No. 2015-61, Resolution No. 2015-62, and Resolution No. 2015-63. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None PUBLIC WORKS 15) As -needed Consulting, Inspection, and Plan Check Services for Various Building Projects It is recommended that the City Council approve an agreement with RKA Consulting Group of Walnut, California in the amount of $75,000 for as -needed consulting, inspection, and plan -check services for various building projects. Motion by Toma and seconded by Warshaw to approve. Motion carried 5-0. 4 Tuesday August 18, 2015 AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 16) Agreement with Willdan Engineering for City Traffic Engineering Services It is recommended that the City Council approve the agreement with Willdan Engineering in the amount not to exceed $90,000 to provide City traffic engineering services. During Changes to the Agenda, Interim City Manager Mauk requested this item be removed from the Agenda and be brought back at a future date. END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 17) Fees for Residential Rooftop Solar Photovoltaic System Pursuant to Ordinance No. 2280 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING FEES FOR RESIDENTIAL ROOFTOP SOLAR PHOTOVOLTAIC SYSTEMS PURSUANT TO ORDINANCE NO. 2280 Mayor Sykes announced the Public Hearing matter, Assistant City Clerk Conde verified that proper legal notice was given and Mayor Sykes opened the hearing. Acting Building Office Long Tang presented the staff report and answered question from Council. Assistant City Clerk confirmed that no written protests, objections or comments were received. Mayor Sykes opened the public testimony period of the hearing. Jefferson DeRoux, West Covina resident, inquired into tax assessment and tax liabilities to homeowners. Interim City Manager Mauk stated that the installation of solar systems does not required reassessment of property value. With no one else wishing to speak, Mayor Sykes closed the public testimony period. 10 Tuesday August 18, 2015 Council discussion included the calculation of proposed fees and availability to initiate permit process on-line. Motion by Warshaw and seconded by Wong to adopt Resolution No. 2015-64. Motion carried 4-1. AYES: Toma, Warshaw, Wong, Sykes NOES: Spence ABSENT: None DEPARTMENTAL REGULAR MATTERS CITY CLERK'S OFFICE 18) Designation of Voting Delegate for League of California Cities 2015 Annual Conference & Expo It is recommended that the City Council designate a voting delegate and up to two alternates for the League of California Cities 2015 Annual Conference & Expo. Assistant City Clerk Conde presented the staff report. Motion by Wong and seconded by Warshaw to appoint Mayor Pro Tem Toma to be the voting delegate and to appoint Councilmembers Spence and Warshaw as alternates. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None CITY MANAGER'S OFFICE 19) Letter of Support of U.S. Senate Bill 1819 It is recommended that the City Council approve sending a letter in support of U.S. Senate Bill 1819, the Securing Military Personnel Response Firearm Initiative Act. Interim City Manager Mauk presented a brief staff report with a background of the proposed Senate Bill. Council discussion included the Council taking a position on items that do not directly affect the City and/or City resources and whether that consideration applies to staff or Council driven items, and the lack of analysis of the bill. Motion by Spence and seconded by Warshaw to approve. Motion failed 2-3. Tuesday August 18, 2015 AYES: Spence, Warshaw NOES: Toma, Wong, Sykes ABSENT: None RECESS — Mayor Sykes called for a recess at 9:15 p.m. The City Council meeting reconvened at 9:23 p.m. with all members present. FINANCE DEPARTMENT 20) State Controller's Review Report of Administrative and Internal Accounting Controls and Audit Report of the Special Gas Tax Street Improvement Fund, Traffic Congestion Relief Fund and Proposition 1B Fund It is recommended that the City Council receive and file the State Controller's Review Report of Administrative and Internal Accounting Controls and Audit Report of the Special Gas Tax Street Improvement Fund, Traffic Congestion Relief Fund and Proposition 1B Fund. Interim City Manager Mauk presented a brief presentation. Along with Finance Director Buhagiar, Mauk reviewed the Gas Tax Audit and the Internal Services Audit. Council engaged in lengthy discussion which included policies and procedures to prevent future audit issues; conducting a special meeting to discuss issues with public input; forwarding audit to the District Attorney's Office for review; creating an audit committee to oversee audits; internal fraud hotline to enable employees to report inappropriate staff/council actions; and the merits of the audit. Motion by Wong and seconded by Wong to hold a public special meeting to discuss the audit and what the city has done so far; to send the audit to the District Attorney and have a court reporter documenting commens.at public meeting for follow up to be sent to the District Attorney. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None Motion by Warshaw and seconded by Toma to have staff return with ideas for an audit/oversight committee. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 12 Tuesday August 18, 2015 PUBLIC WORKS 21) Agreement for National Pollutant Discharge Elimination System Permit Compliance Services It is recommended that the City Council approve a one year agreement with John L. Hunter and Associates, Inc. in the amount not to exceed $94,750 for National Pollutant Discharge Elimination System Permit compliance services. Public Works Director Consunji presented staff report. Council discussion included RFP process, registration process to view RFP on website, verbal revision of scope of service, selection process of consultant and interview scoring. Following discussion, Council asked to see the scoring sheets of the proposed consultants. Council concurred to continue with the meeting while Public Works Director Consunji retrieved scoring sheets. City Council returned to discussion at 10:34 p.m. with information requested by Council regarding scores of consultants. Motion by Wong and seconded by Toma to approve staff recommendation. Motion carried 4-1. AYES: Toma, Warshaw, Wong, Sykes NOES: Spence ABSENT: None SUCCESSOR AGENCY The City Council meeting recessed at 10:24 p.m. to conduct the Successor Agency meeting. The City Council reconvened at 10:27 p.m. with all members present. MAYOR/COUNCILMEMBERS REPORTS None AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall nrake a briefrepon or file a written report on any meeting/evendconference attended at City expense.) Councilman Spence reported on his attendance at the American County and City Exchange held in San Diego. (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 nutfority of the City Coancil/Community Development Commission.) 13 Tuesday August 18, 2015 None CITY COUNCIL COMMENTS Councilmember Wong commented on participation in the Special Olympic World Game events. Councilman Spence commented on action taken on Community Services Foundation budget. Mayor Pro Tem "Coma also commended staff and community service groups for their participation with the Special Olympics. Councilmember Warshaw concurred with Mayor Pro Tern Tomas comments and added the positive benefit to the business community. Mayor Sykes echoed all comments and thanked the East San Gabriel Valley Japanese Community Center for their involvement. Council returned to Item 21. ADJOURNMENT Meeting adjourned at 10:40 p.m.in memory of residents Tracy Nguyen, Fran Andreozzi, and Leo Carrier. City Council returned to closed session discussion in the City Manager's Conference room. 1 Submitte0y:' - Rosa]ia A:-.Cogde, CMC- Assistant City Clerk a es Toma 'ay or 14 CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY AUGUST 18, 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 6:03 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 (arrived at 6:17 p.m., Warshaw, Wong Others Present: Mauk, Freeland, Barlow, Morales, Crown PUBLIC COMMENTS ON ITEMS ON THE AGENDA None CLOSED SESSION Mayor Sykes commenced the closed session at 6:08 p.m. to discuss the following matter(s): CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Govenunent Code § 54956.8 Property: 2400 Azusa Avenue 811 South Sunset Tuesday August 18, 2015 2650 East Shadow Oak Drive 2501 Cortez Street 2121 East Shadow Oak Drive 625 East Merced Avenue Agency Negotiator: Mauk, Freeland Negotiating Parties: City of West Covina & Landmark Dividend Under Negotiation: Both price and terms of lease CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Clue v. City of West Covina CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(dn Number of Cases: Two (2) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Mauk, Barlow • Employee Organizations -Unrepresented Employee: City Manager & Police Chief PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code § 54957 Title: City Manager CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Mauk, Freeland, Barlow • Employee Organizations -W.C. Police Officers' Association RECESS — The City Council recessed the Regular Closed Session meeting in order to relocate to the Council Chamber in order to conduct the Regular 7:00 p.m. open session Council Meeting. The City Council reconvened the Regular Closed Session meeting at 10:49 p.m. with all members present. ADJOURNMENT Mayor Sykes adjourned the meeting at 1 1:40 p.m. Tuesday August 18, 2015 Submitted by: Rosalia A. Co; Cl ndeC Assistant':City Clerk:,, J sToma yor