09-15-2015 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY SEPTEMBER 15, 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 7:00 p.m.
INVOCATION — Led by Pastor Kelly Dupee, Faith Community Church
West Covina Police Chaplain
PLEDGE OF ALLEGIANCE — Led by Councilman Mike Spence
ROLLCALL Mayor Sykes, Mayor Pro "rem Toma,
Councilmembers Spence, Warshaw, Wong
REPORTING OUT FROM CLOSED SESSION
No Closed Session held.
CHANGES TO THE AGENDA
Interim City Manager Mauk stated two minor amendments have been made to Agenda Item 41 —
City Manager's Employment Agreement.
PRESENTATIONS
Mayor Sykes called forward Fire Chief Larry Whithorn who was presented with a Proclamation
designating the week October 4-10, 2015 as Fire Prevention Week.
Tuesday September 15, 2015
Mayor Sykes presented Resolutions of Commendation to the following outgoing City
Commissioners:
Tammy Lindquist, Community & Senior Services Commission
Darlene Montes, Human Resources Commission
Gerald Menefee, Planning Commission
Betty Valles, Planning Commission. Ms. Valles was unable to be present.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
John Shewmaker, West Covina resident, criticized comments made by Mayor Sykes implying that
he is `channeling' previous councilmembers.
Jeremy Infranca, West Covina resident, expressed concerns of rumors that the City is possibly
going to sell Orangewood Park.
Dora Gomez, representing Project 2911, a community development corporation, thanked the City
for grants received and their support.
Herb Redholtz, West Covina resident, congratulated Chris Freeland on his pending appointment
to City Manager.
Lloyd Johnson, West Covina resident, spoke on Item #16, Implementation of Vote Recount Policy
and expressed his support.
Paul Jones, West Covina resident, addressed fencing issues between his property on Woodgate
and the adjacent Pasco.
Collen Rozatti, West Covina City Treasurer, announced changes to the City Treasurer's report and
provided an update on various Finance reports.
Carolyn Arndt, West Covina resident, addressed additional cell tower at Shadow Oak Park and
cell tower revenues.
Phil Kaufman, West Covina resident, congratulated Chris Freeland and thanked Interim City
Manager Mauk for his service and spoke in support of a new playground at Cameron Park and
Vote Recount Policy.
Forrest Wilkins, West Covina resident, spoke in support of the City Manager appointment and
commented on arming employees of military recruitment centers.
Lawrence Shih, representing County Board Supervisor Solis, announced free neighborhood
concert in Pomona.
Lestel J. Lcufroy, West Covina resident, spoke of support of Chris Freeland as City Manager.
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Tuesday September 15, 2015
Bruce Leinbach, West Covina resident, commended Interim City Mauk for his service and spoke
in support of Chris Freeland as City Manager.
Shahrzad Shishegar, West Covina resident, spoke in support of playground development at
Cameron Park.
Jefferson DeRoux, West Covina resident, spoke in opposition to the City funding any portion of a
vote recount.
Craig Mellcher, West Covina resident, addressed the adoption of impact fees and the General Plan
Update suggesting the formation of a Board or Commission to address zones changes and other
Planning elements.
DEPARTMENTAL REGULAR MATTERS
CITY MANAGER'S OFFICE
1) City Manager Employment Agreement
It is recommended that the City Council approve the employment agreement with Chris
Freeland for the position of City Manager of the City of West Covina.
Brief report presented by Interim City Manager Mauk.
Motion by Spence and seconded by Toma to approve the employment agreement with Chris
Freeland for the position of City Manager. Motion carried 5-0.
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
CITY MANAGER SWEARING -IN
Administration of the Oath of Office to the newly appointed City Manager.
Retired La Verne City Manager Martin Lomeli administered oath of office to newly appointed
City Manager Chris Freeland.
City Manager Freeland addressed the Council and public with his vision of the future. And thanked
his family for their support.
Congratulatory comments made by the City Council.
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Tuesday September 15, 2015
RECESS — Mayor Sykes called for a recess at 8:35 p.m. The City Council reconvened at 8:49
p.m. with all members 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 fi om the Consent Calendar for separate discussion or action.
APPROVAL OF MEETING MINUTES (receive & file)
2) February 17, 2015 Special City Council Meeting Minutes
February 17, 2015 Special Successor Agency Meeting Minutes
February 17, 2015 Regular City Council Meeting Minutes
February 17, 2015 Regular Successor Agency Meeting Minutes
March 3, 2015 Special City Council Meeting Minutes
March 3, 2015 Regular City Council Meeting Minutes
March 3, 2015 Regular Successor Agency Meeting Minutes
Motion by Wong and seconded by Spence to receive and file. Motion carried 4-0-1 as follows
with Councilmember Wong abstaining due to his not being on Council for the meeting submitted:
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
ABSTAIN:
Wong
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 respective attorneys be notified:
Jose Valenzuela vs. City of West Covina
Sylvia Moran vs. City of West Covina
Motion by Wong and seconded by Spence to deny claims and notified claimants and/or their
respective attorneys. Motion carried 5-0 as follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
TREASURER'S REPORT (receive & file)
4) City Treasurer's Report for the Month Ended July 31, 2015
Tuesday September 15, 2015
It is recommended that the City Council receive and file this report.
Motion by Wong and seconded by Spence to receive and file report. Motion carried 5-0 as follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
CITY MANAGER'S OFFICE
5) Appointment of City Commissioner by Councilman Mike Spence
It is recommended that the City Council receive and file this informational report.
Motion by Wong and seconded by Spence to receive and file. Councilman Spence announced his
appointment of Ashley Rozatti to the Human Resources Commission. Motion carried 5-0 as
follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
FINANCE DEPARTMENT
6) Approve Renewal of Letters of Credit for the Successor Agency's 1988 Lease Revenue
Refunding Bonds (The Lakes Parking Project) and the Authority's Variable Rate
Lease Revenue Bonds 2004 Series A and B (Golf Course Project)
It is recommended that the City Council approve a First Amendment to Reimbursement
Agreement for the Successor Agency to the Redevelopment Agency of the City of West
Covina's 1988 Lease Revenue Refunding Bonds (The Lakes Parking Project) and a First
Amendment to Reimbursement Agreement for the West Covina Public Financing
Authority's Variable Rate Lease Revenue Bonds, 2004 Series A and B (Golf Course Project)
and authorize the Interim City Manager to execute all necessary documents by adopting the
following resolution:
RESOLUTION NO. 2015-69 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE EXECUTION AND
DELIVERY BY THE CITY OF TWO AMENDMENTS TO REIMBURSEMENT
AGREEMENTS AND THE TAKING OF OTHER CERTAIN ACTIONS IN
CONNECTION THEREWITH
This item was removed fi-om the Consent Calendar for separate consideration. Councilman
Spence inquired into monies generated to pay for bonds. City Manager Freeland provided
background information on the bonds.
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Tuesday September 15, 2015
Motion by Spence and seconded by Warshaw to approve as presented. Motion carried 5-0 as
follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
7) Revised Amendment to Reimbursement Agreement for the Renewal of the Letter of
Credit for the 1999 Tax Allocation Bonds
It is recommended that the West Covina Public Financing Authority Board approve the
revised First Amendment to Reimbursement Agreement for the Taxable Variable Rate
Demand Tax Allocation Bonds, Series 1999 and authorize the Interim Executive Director
to execute all necessary documents by adopting the following resolution:
RESOLUTION NO. 2015-71 - A RESOLUTION OF THE PUBLIC FINANCING
AUTHORITY OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING
RESOLUTION NO. 2015-65 AND AUTHORIZING THE EXECUTION AND
DELIVERY BY THE AUTHORITY OF A FIRST AMENDMENT TO
REIMBURSEMENT AGREEMENT AND THE TAKING OF CERTAIN ACTIONS IN
CONNECTION THEREWITH
Motion by Wong and seconded by Spence to approve as presented. Motion carried 5-0 as follows:
AYES: Spence, Toma, Warshaw, Wong, Sykes
NOES: None
ABSENT: None
8) FY 15/16 Budget Amendment
It is recommended that the City Council approve the proposed FY 15/16 Budget
Amendment.
Motion by Wong and seconded by Spence to approve. Motion carried 5-0 as follows:
AYES: Spence, Toma, Warshaw, Wong, Sykes
NOES: None
ABSENT: None
9) Mach 1 Consulting Services Agreement
It is recommended that the City Council approve an "on call" agreement with Mach 1
Consulting in an amount not to exceed $35,000 to provide consulting services on an as
needed basis to the City of West Covina as directed by the City Manager and appropriate
fund balance from the General Fund.
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Tuesday September 15, 2015
Motion by Wong and seconded by Spence to approve. Motion carried 5-0 as follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
POLICE DEPARTMENT
10) Asset Forfeiture Funds for Police Vehicles, Services, Equipment, and Supplies
It is recommended that the City Council take the following actions:
1) Appropriate a total of $1,397,481 in federal asset forfeiture funds from the fund balance
of Fund 117, as follows:
• $165,475 into 117.31.3120.7170 for the partial purchase and equipping of 5 new
Ford Police Interceptor Utility vehicles, including warranties, service plans, taxes,
and fees. (Partial vehicle replacement funding was previously approved in the FY
2015-16 budget);
• $70,000 into 117.31.3121.7170 for the purchase and equipping of Police
motorcycles;
• $304,631 into 117.31.3110.7170 for the purchase of a BearCat vehicle;
• $325,000 into 117.31.3110.7130 for mobile computers and accessories;
• $311,375 into 117.31.3119.6120 for continued police information technology
services, and computer architecture services for the CAD-RMS rewrite;
• $165,000 into 117.31.3120.7160 for vehicle mounted cameras; and
• $56,000 into 117.31.3110.6220 for other law enforcement supplies.
2) Appropriate an additional $8,764 in available vehicle replacement funds from the fund
balance of fund 367 into 367.80.7008.7170.
3) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (i)(2),
and the findings of the West Covina Finance Department/Purchasing Officer, find that
the City of Los Angeles' Request for Quotation (RFQ) 4EV4452 for Ford Police
Interceptor Utility vehicles satisfies West Covina's bid process and authorize the
purchase of a total of five (5) vehicles per specifications, directly from Wondries Fleet
Group of Alhambra for a total of $184,885, including warranties, service plans, taxes
and fees, from accounts 117.31.3120.7170 and 367.80.7008.7170.
4) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (b),
which states that bidding may be dispensed with when the commodity can be obtained
from only one (1) vendor, authorize the purchase of an equipped Lenco Bearcat directly
from Lenco Armored Vehicles for a total of $304,631, from account 117.31.3110.7170.
5) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (c),
which states that professional services, including computer consultants, are exempt
Tuesday September 15, 2015
from bidding procedures, approve an Information Technology Infrastructure Service
Agreement for up to $150,000 with Scientia Consulting Group, for continued
specialized police information technology services; from account 117.31.3110.6120,
and authorize the Mayor to execute the agreement.
6) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (c),
which states that professional services, including computer consultants, are exempt
from bidding procedures, staff recommends that the City Council approve a computer
infrastructure design agreement with IDesign, Inc., for the WCSG CAD-RMS rewrite,
for $161,375 from account 117.31.3119.6120, and authorize the Mayor to execute the
related agreements.
Motion by Wong and seconded by Spence to approve as presented. Motion carried 5-0 as follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
PUBLIC WORKS
11) Release of Faithful Performance and Labor and Material Bonds for Precise Plan No.
13-01
Location: 122 and 131 North Lang Avenue
It is recommended that the City Council accept all on -site and off -site improvements for
Precise Plan No. 13-01 (Orange Medical Plaza) and authorize the release of Faithful
Performance and Labor and Material Bonds No. 4389617 by SureTec Insurance Company
in the amounts of $21,000 and $18,000, respectively.
Motion by Wong and seconded by Spence to approve. Motion carried 5-0 as follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
END OF CONSENT CALENDAR
DEPARTMENTAL REGULAR MATTERS
COMMUNITY SERVICES DEPARTMENT
12) Application for the CPRS Healthy Play Matching Grant for Cameron Park Inclusive
Playground
It is recommended that the City Council take the following actions:
Tuesday September 15, 2015
1.) Adopt the following resolution, committing to match funds provided by California Park
and Recreation Society (CPRS), Playcore and Gametime to build a new inclusive
playground at Cameron Park:
RESOLUTION NO.2015-70 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, COMMITTING THE USE OF PARK
DEDICATION FUNDS FOR THE CONSTUCTION OF A NEW INCLUSIVE
PLAYGROUND AT CAMERION PARK
2.) Appropriate $220,000 of Park Development Fees from Fund 174 for the construction
of a new inclusive playground at Cameron Park.
Staff report presented by Community Services Director Bresciani. Director Bresciani answered
questions regarding an inclusive playground, use of park dedication fees and the effects of those
fees on the development of the Orangewood Soccer Complex.
Motion by Toma and seconded by Spence to approve as presented. Motion carried 5-0 as follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
PLANNING DEPARTMENT
13) Consideration of Adoption of Impact Fees
It is recommended that the City Council consider the Development Impact Fee Study
completed by Economic and Planning Systems, Inc. (EPS) and determine if it is appropriate
to adopt a resolution to initiate a Code Amendment to establish standards for a development
impact fee program.
Staff report presented by Planning Director Anderson and Director Anderson introduced
representative from Economic and Planning Systems, Inc. (EPS) to discuss findings of the
Development Impact Fee Study.
Council engaged in lengthy discussion with EPS representative and staff which included benefits
citizens receives that they don't pay a fee for, tax paid services, development costs, costs per
housing units versus commercial by square footage, Quimby fees versus impact fees, impact fee
funds and other various elements of impact fees.
Motion by Spence to receive and file report. Motion failed due to lack of second.
Motion by Warshaw and seconded by Sykes to initiate a Code Amendment to establish standard
for a development impact fee program with single family detached homes and multi -unit with
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Tuesday September 15, 2015
ownership exempt from impact fees as they will be charged through Quimby fees. Motion carried
4-1 as follows:
AYES:
Toma, Warshaw, Wong, Sykes
NOES:
Spence
ABSENT:
None
PUBLIC WORKS
14) Award of Bid for Residential Streets Rehabilitation (Project No. SP-15106)
It is recommended that the City Council accept the bid of Sully -Miller Contracting
Company of Brea, California in the amount of $494,890.12 as submitted at the bid opening
on August 25, 2015, and authorize the City Manager and City Clerk to execute an agreement
with Sully -Miller Contracting Company for the work to be done.
Staff report presented by Public Works Director Consunji.
Council discussion included project contingency costs and what is covered by contingencies.
Motion by Spence and seconded by Warshaw to approve. Motion carried 5-0 as follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
SUCCESSOR AGENCY
Mayor Sykes recessed the City Council meeting at 10:20 p.m. to convene the Successor Agency
meeting. The City Council meeting reconvened at 10:22 p.m. with all Councilmembers present.
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMAN MIKE SPENCE
15) Alternative Work Week Schedules
It is recommended that the City Council receive and file this information request.
Councilman Spence requested to review budget to proceed with City Hall being open Monday
through Friday starting with the last half of the fiscal year, January 2016.
City Manager Freeland stated that alternative work schedules would need to be negotiated with
employee groups.
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Tuesday September 15, 2015
Motion by Spence and seconded by Wong to move forward and implement an alternative work
week to have City hall open Monday through Friday beginning January 2016 and provide an
analysis as to whether providing services on Fridays is warranted. Motion carried 3-2 as follows:
AYES: Spence, Wong, Sykes
NOES: Toma, Warshaw
ABSENT: None
COUNCILMEMBER BEN WONG
16) Implementation of Vote Recount Policy
It is recommended that the City Council provide City staff direction on this matter.
Councilmember Wong presented an overview of his request expressing his concerns with the
County voting system and inaccuracies of vote counts and proposed the City pay for a vote recount
if the margin of victory is less than half (1/2) of 1 % of ballots cast. Discussion included support
if the vendor is limited to Los Angeles County election Department only as guidelines and policy
can be implemented with a different vendor, probability of margin of error.
Motion by Wong and seconded by Warshaw by to have the City pay for a vote recount if the
margin of victory is less than half (1/2) of 1% of ballots cast. Motion carried 4-1 as follows:
AYES:
Toma, Warshaw, Wong, Sykes
NOES:
Spence
ABSENT:
None
AB1234 Conference and Meeting Report (verbal, if any)
(1n accordance with A6 1234, Councilmembers shall make a brief report or file a written report on any
meeting/event/conference attended at City erpense)
None
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rides 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
17) Request from Councilman Mike Spence Requesting the City Council's Consideration
of Taking a Position on Senate Bill 417: Law Enforcement: United States Immigration
and Customs Enforcement Holds
It is recommended that the City Council direct staff accordingly.
Tuesday September 15, 2015
Mayor Pro Tern Toma recused himself from participation due to conflict of interest with his
employment with the Attorney General's Office and left the dais.
Councilman Spence stated his support of the Senate Bill opining that immigrants be held an
additional 48 hours as written in the proposed bill. Police Chief Faulkner approached the dais to
explain the current holding provision of the police department.
Motion by Wong and seconded by Warshaw to table item until the League of California Cities
takes a position. Motion failed 2-2 as follows:
AYES: Warshaw, Wong
NOES: Spence, Sykes
ABSENT: Toma
Motion by Spence and seconded by Sykes to support Senate Bill 417. Motion failed2-2 as follows:
AYES: Spence, Sykes
NOES: Warshaw, Wong
ABSENT: Toma
Mayor Pro Tern Toma returned to the dais.
18) Request form Councilman Mike Spence on a Report Regarding the Updating of the
City's Current Taxi Policy
It is recommended that the City Council direct staff accordingly.
Councilman Spence stated his support to review the current policy to ensure is updated to current
law regarding ridesharing agencies/programs.
Motion by Spence and seconded by Warshaw to have staff initiate a policy. Motion carried 5-0 as
follows:
AYES: Spence, Toma, Warshaw, Wong, Sykes
NOES: None
ABSENT: None
COUNCILMEMBER COREY WARSHAW
19) Request from Councilmember Corey Warshaw Requesting the City Council's
Consensus to Instruct City Staff to Develop a Policy for the Review and Payment of
Legal Fees
It is recommended that the City Council instruct City staff to develop a policy for the review
and payment of legal fees.
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Tuesday September 15, 2015
Councilman Warshaw stated is support for a policy for the review and payment of legal fees.
Motion by Warshaw and seconded by Spence to have staff develop a policy, include review of
legal contracts, forensic analysis of billing. Motion carried 5-0 as follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
CITY COUNCIL COMMENTS
Councilmember Warshaw requested to agendize for a future meeting a study of Glendora Avenue
ADJOURNMENT
Motion by Warshaw and seconded by Wong to adjourn the meeting at 11:01 p.m. in memory of
longtime resident Sara Thomas who is also the daughter of former City Engineer Harry Thomas.
Submitted% y:
Rosalia X,Conde C
Assistant Ciiy-Cl'erk
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