12-01-2015 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY DECEMBER 01, 2015, 7:00 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 6:05 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: Freeland, Barlow
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code & 54956.9(QW
Clue v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Pursuant to Government Code $ 54956.9(d)(2)
Number of Cases: One (1)
Tuesday December 1, 2015
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION: INITIATION OF
LITIGATION
Pursuant to Government Code $ 54956.9(d)(4)
Number of Cases: Two (2)
ADJOURNMENT
Mayor Sykes adjourned the meeting at 6:55 p.m.
Submitted by:
Rosalia A. Conde, CM
Assistant`City_Clerk
-1 .
am "Coma
M or
2
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY DECEMBER 01, 2015, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
CALL TO ORDER —Mayor I, redrick Sykes called the meeting to order at 7:08 p.m.
INVOCATION — Led by Pastor Samuel Martinez, Christian Faith Center
PLEDGE OF ALLEGIANCE — Led by Councilman Spence
ROLLCALL
Present: Mayor Sykes, Mayor Pro Tern Toma,
Councilmembers Spence, Warshaw, Wong
Absent: Councilmember None
REPORTING OUT FROM CLOSED SESSION
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)(2)
Number of Cases: One (1)
Tuesday December 01, 2015
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION: INITIATION OF
LITIGATION
Pursuant to Government Code & 54956.9(dK4)
Number of Cases: Two (2)
City Attorney Barlow stated direction was given to staff, however, there was no reportable action
taken.
CHANGES TO THE AGENDA
City Manager Freeland requested the Council's consideration to add an emergency item to the
agenda in order to accept grant funds for the Cameron Park Playground project by the required
deadline.
Motion by Wong and seconded by Warshaw to add the item to the agenda as an emergency item
with the certainty that the item came to the attention of the City after the agenda was posted and
requires Council action prior to the next Council meeting. Motion carried 5-0 by the following
vote:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
PRESENTATIONS
City Manager Freeland introduce the Human Resources Director Tom Bokosky.
Jolene Guererro, from the Los Angeles County Public Works Department, gave a presentation on
preparing for El Nino.
Mayor Sykes recognized several representatives from the community who are present in the
audience.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Pablo Lucanera, West Covina resident, requested the Council amend the municipal code to prevent
businesses such as Hustler Hollywood from coming into the City, spoke in support of a Trader
Joes in the City and addressed the functionality of the website.
William Elliott, West Covina resident, spoke on the issue of ability to carry weapons.
Herb Redholtz, West Covina resident, thanked Mayor Sykes for his service to the City and spoke
on the change of leadership within the City.
2
Tuesday December 01, 2015
George Ogden, West Covina resident, thanked Mayor Sykes for his service to the City and
addressed many of his accomplishments and thanked councilmember Wong for his time on the
Council.
Forrest Wilkins, West Covina resident, thanked Mayor Sykes and Councilmember Wong for their
services, spoke on negative campaign literature.
Lawrence Shih, representing Los Angeles County Supervisor Solis, applauded the El Nino
presentation, thanked outgoing Mayor Sykes and Councilmember Wong for their service and
congratulated incoming Councilmembers Johnson and Wu.
Bobby Reyes, West Covina resident, thanked Mayor Sykes and Councilmember Wong for their
service.
Bruce Leinbach, West Covina resident, spoke on participation in the last election and the recount
ordinance passed by the Council and thanked Mayor Sykes and Councilmember Wong for their
service.
City Manager Freeland addressed concerns of speakers.
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) July 7, 2015 Regular City Council Meeting Minutes
July 17, 2015 Special City Council Closed Session Meeting Minutes
.July 21, 2015 Regular City Council Meeting Minutes
Motion by Wong and seconded by Toma to receive and file the submitted minutes. Motion carried
5-0 by the following vote:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
ORDINANCES FOR ADOPTION
2) Code Amendment No. 15-02 Establishing Standards for Development Impact Fees
This ordinance was introduced at the West Covina City Council meeting of November 17,
2015. On September 15, 2015, City Council initiated a code amendment related to
Development Impact Fees. The purpose of Ordinance No. 2286 is to establish standards
for Development Impact Fees. Code Amendment No. 15-02 is hereby found to be
Tuesday December 01, 2015
consistent with the West Covina General Plan and the implementation thereof and the public
necessity, convenience, and general welfare.
The ordinance will take effect 30 days after its adoption on December 1, 2015.
It is recommended that the City Council waive further reading and adopt the following
ordinance:
ORDINANCE NO. 2286 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 17 (PLANNING) OF THE
WEST COVINA MUNICIPAL CODE TO ADD ARTICLE IV TO ESTABLISH
STANDARDS FOR DEVELOPMENT IMPACT FEES
This item was removed from the Consent Calendar for separate consideration.
Councilman Spence addressed his opposition to additional fees and stated the additional fees do
not make West Covina business friendly and requested Council delay this item.
Council discussion included that the fees are necessary to mitigate costs from the impact of new
development and the fact that this topic has already had many discussions without opposition from
the public.
Motion by Warshaw and seconded by Toma to adopt Ordinance No.2285 as presented. Motion
carried 4-1 by the following vote:
AYES: Toma, Warshaw, Wong, Sykes
NOES: Spence
ABSENT: None
3) Extension of Foreclosure Properties Ordinance
This ordinance was introduced at the West Covina City Council meeting of November 17,
2015. The purpose of Ordinance No. 2287 is to extend the terms and provisions of
Ordinance No. 2238 for an additional period of three years to continue to ensure that
foreclosure properties are given the proper attention by lenders that own them, thus reducing
blight in West Covina.
The ordinance will take effect 30 days after its adoption on December 1, 2015.
It is recommended that the City Council waive further reading and adopt the following
ordinance:
ORDINANCE NO. 2287 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, EXTENDING THE TERMS AND PROVISIONS
OF ORDINANCE NO. 2238 FOR AN ADDITIONAL PERIOD OF THREE YEARS,
AMENDING CHAPTER 15 OF THE MUNICIPAL CODE TO REQUIRE
4
Tuesday December 01, 2015
REGISTRATION, MAINTENANCE AND SECURITY OF PROPERTIES IN
FORECLOSURE
Motion by Wong and seconded by Toma to adopt Ordinance No. 2287. Motion carried 5-0 by the
following vote:
AYES:
Spence, Toma, Warshaw, Wong Sykes
NOES:
None
ABSENT:
None
AWARD OF BID
4) Award of Bid for Fiscal Year 2015-2016 Pavement Preservation Project (Project No.
SP-16002)
It is recommended that the City Council accept the bid of Roy Allan Slurry Seal, Inc. of
Santa Fe Springs, California in the amount of $317,730.09 as submitted at the bid opening
on November 10, 2015, and authorize the City Manager to execute an agreement with Roy
Allan Slurry Seal, Inc. for the work to be done.
Motion by Wong and seconded by Toma to approve as presented. Motion carried 5-0 by the
following vote:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
COMMUNITY DEVELOPMENT COMMISSION
5) Resolution Accepting Public Use Properties from Successor Agency for Governmental
Use of Public Parking
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-88 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ACCEPTING FOURTEEN (14) PARCELS (8451-012-907,
8474-011-942 & 943, 8474-003-915, 918, 928, 929, 931, 932, 933, 934, 935, 939, & 940)
FROM THE WEST COVINA SUCCESOR AGENCY TO THE WEST COVINA
REDEVELOPMENT AGENCY
Motion by Wong and seconded by Toma to adopt Resolution No. 2015-88. Motion carried 5-0 by
the following vote:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
l;"
Tuesday December 01, 2015
PUBLIC WORKS
6) Acceptance of Public Improvements for Project No.'s SP-15104 and SP-15107
Sidewalk Repairs at Various Locations
It is recommended that the City Council take the following actions:
1. Accept the Public Improvements construction for Project SP-15104 and SP-15107;
2. Authorize recordation of Notice of Completion with the Los Angeles County Recorder;
and
3. Authorize release of retention in the amount of $3,660.95 thirty-five (35) days after
recordation of the Notice of Completion.
Motion by Wong and seconded by Toma to approve as presented. Motion carried 5-0 by the
following vote:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
7) Acceptance of Public Improvements for Project No. BP-15303 - Shower Stall Repairs
at Fire Station No. l
It is recommended that the City Council take the following actions:
I. Accept the Public Park Improvements construction for Project No. BP-15303;
2. Authorize the recordation of Notice of Completion with the Los Angeles County
Recorder; and
3. Authorize release of retention in the amount of $2,259.25 thirty-five (35) days after the
recordation of Notice of Completion.
Motion by Wong and seconded by Toma to approve as presented. Motion carried 5-0 by the
following vote:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
8) Acceptance of Public Improvements for Project No. PP-16020 — Del Norte Park
Improvements
It is recommended that the City Council take the following actions:
1. Accept the Public Park Improvements construction for Project No. PP-16020;
6
Tuesday December 01, 2015
2. Authorize recordation of Notice of Completion with the Los Angeles County Recorder;
and
3. Authorize release of retention in the amount of $3,735.35 thirty-five (35) days after
recordation of the Notice of Completion.
Motion by Wong and seconded by Toma to approve as presented. Motion carried 5-0 by the
following vote:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
9) Release of Faithful Performance Guarantee for 3329 E. Virginia Avenue
It is recommended that the City Council accept all on -site and off -site improvements for
3329 E. Virginia Avenue and authorize the release of Faithful Performance Assignment of
Deposit No. 0039218052 by Union Bank in the amount of $20,000.
Motion by Wong and seconded by Toma to approve as presented. Motion carried 5-0 by the
following vote:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
The following item was approved by the Council to add as an emergency item under Changes
to the Agenda by a vote of 5-0.
Cameron Park Playground
It is recommended that the City Council take the following actions:
1. Accept the $74,046 in the form of a vendor credit through the California Park and
Recreation Society (CPRS) Healthy Play Matching Grant;
2. Approve the purchase and installation of the playground equipment at Cameron Park
by Great Western Park & Playground, representing Game'rime, at a cost not to exceed
their proposal of $218,226.25;
3. In accordance with Municipal Code Chapter 2, Article V II, Division 2, Sec. 2-333(i)(2),
and the findings of the West Covina Finance Department/Purchasing Officer, find that
the County of Mecklenburg, North Carolina, Request for Proposal (RFP) #269-2010-
183 for Playground Equipment, Surfacing, Site Furnishings, and Related Products and
Services that was awarded to PlayCore Wisconsin, Inc. dba GameTime satisfies West
Covina's bid process and authorizes the purchase from PlayCore Wisconsin, Inc. dba
7
Tuesday December 01, 2015
GameTime for a total of $218,226.25, including GameTime quote number 81340. from
accounts 174.80,7004.7700; and
4. Appropriate an additional $30,000 from Park Development Fees Fund 174 need for
contingencies.
City Manager Freeland presented the staff report.
Brief Council discussion followed.
Motion by Warshaw and seconded by Wong to approve as presented. Motion carried 5-0 as
follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
END OF CONSENT CALENDAR
MAYOR/COUNCILMEMBERS REPORTS
None.
AB1234 Conference and Meeting Report (verbal, if any)
(1n accordance with A 1234, Councilmembes shall make a brief report or file a written report on any
meeting/event/conference attended at City expense.)
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rides 4f- 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.)
None.
ELECTION RESULTS AND COUNCIL REORGANIZATION
ELECTION RESULTS
10) Official Election Results of the November 3, 2015 General Municipal Election
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-87 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, RECITING THE FACT 01, THE GENERAL
Tuesday December 01, 2015
MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2015 DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW
Assistant City Clerk Conde present the staff report which presented the official election results
from the November 3, 2015 General Municipal Election.
Motion by Spence and seconded by Wong to adopt Resolution No. 2015-87. Motion carried 5-0
as follows:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
Presentations to Outgoing Elected Officials
Councilmember Ben Wong
Mayor Sykes introduced Licett Figueroa, representing Congresswoman Grace Napolitano; and
Richard Graham, representing State Senator Bob Huff, who presented Councilmember Wong with
Certificates of Recognition. Mayor Sykes presented Councilmember Wong with a Certificate of
Recognition from the City and thanked him for his services to the community. Councilmember
Wong made closing remarks.
Mayor Fredrick Sykes
Mayor Pro Tern Toma presented Mayor Sykes with a Resolution of Commendation, City Tile, and
Mayoral Gavel Plaque. Licett Figueroa, representing Congresswoman Grace Napolitano, and
Richard Graham, representing State Senator Bob Huff and Assemblywoman Ling Chan, presented
Mayor Sykes with Certificates of Recognition. Mayor Sykes made closing remarks
Administration of Oath of Office
Lloyd Johnson
Assistant City Clerk Conde administered the Oath of Office to newly elected Councilmember
Lloyd Johnson and presented him with a Certificate of Election. Councilmember Johnson thanked
his family and supporters and made opening comments.
Tony Wu
Assistant City Clerk Conde administered the Oath of Office to newly elected Councilmember Tony
Wu and presented him with a Certificate of Election. Councilmember Wu thanked his family for
their support and made opening comments.
Councilmembers Spence, Warshaw and Mayor Pro Tern Toma welcomed the new
Councilmembers.
Tuesday December 01, 2015
Council Reorganization
Mayor Pro Tem Toma announced that the City has an annual mayoral selection process in place.
By upholding the process, the succession order for the mayoral rotation would place James Toma
as Mayor, Corey Warshaw as Mayor Pro Tem followed by Mike Spence, Lloyd Johnson, and Tony
Wu. Mayor Pro Tern Toma stated it would be appropriate for the City Council to uphold the
mayoral succession order or by a minimum of four votes, the City Council may modify the rotation
and asked for comments.
Motion by Warshaw and seconded by Johnson to uphold the Mayoral Succession. Motion carried
5-0 by the following vote:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
Mayor Pro Tern Toma invited his father, Walter Toma, to the podium who then administered the
Oath of Office as the new Mayor to him.
Mayor Toma thanked his family for the their continued support, thanked the community,
commissioners and staff for their continued hard work and addressed many of the recent
accomplishments of the City and goals and challenges that lie ahead.
CITY COUNCIL COMMENTS
None
ADJOURNMENT
The meeting adjourned at 9:26 p.m.
Submitted,by:
Rosalia.A: Conde. CMC
Assistant City_ Clerk,
a s Toma
yor
10