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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