05-17-2016 - Regular Meeting - Minutes (2)CITY OF WEST COVINA
CITY COUNCIL
TUESDAY MAY 1'7, 2016, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
CALL TO ORDER — Mayor James Toma called the meeting to order at 7:10 p.m.
INVOCATION — Led by Pastor Samuel Martinez, Christian Faith Center
PLEDGE OF ALLEGIANCE — Led by Councilman Tony Wu
ROLL CALL
Present: Mayor James Toma, Mayor Pro Tern Corey Warshaw
Councilmen Lloyd Johnson, Mike Spence (arrived at 7:19 p.m.), Tony Wu
Absent: None
Tuesday May 17, 2016
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: Cortez Park
Agency Negotiator: Freeland, Barlow
Negotiating Parties: City of West Covina
Under Negotiation: Price & Terms
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code ,S 54956.9(d)(1
Major Whitlock v. City of West Covina (Case No. ADJ9031017
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(3)
Number of Cases: One (1)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code S 54957.6
City Negotiators: Freeland, Bokosky, Barlow
• Employee Organizations
- W.C. Firefighters' Association, 1.A.F.F., Local 3226
• Unrepresented Employee Group
- Department Heads
City Attorney Barlow stated direction was given but no reportable action taken.
CHANGES TO THE AGENDA
City Manager Freeland announced an addendum to Item #6 with revised recommended lifeguard
and lifeguard instructor pay ranges.
PRESENTATIONS
Mayor Toma presented Maggie Pierce, Senior Vice President and Area Manager of Kaiser
Permanente at Baldwin Park, with a Proclamation recognizing the month of May as Mental Health
Awareness Month.
Mayor Toma, along with Community Services Director Nikole Bresciani, introduced Shadow Oak
Park Coordinator John Caropino.
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Tuesday May 17, 2016
Mayor Toma presented Certificates of Recognition to Joahan Schmitz, Principal at Telesis
Academy of Science and Math, and Dr. Michael Hoon, Principal at Hollingworth Elementary for
being recognized as California Gold Ribbon Schools.
Mayor Toma, on behalf of the City, accepted a check from the West Covina Improvement
Association for future maintenance and engraving on the new West Covina Veterans Memorial.
Mayor Toma, on behalf of the City, accepted from Dr. Karim Zaklama, of the West Covina Dental
Group, a check donation to the West Covina Police Department K-9 Unit.
Mayor Toma called forward Police Chief Faulkner who introduced the following six new police
officers: Officers Adam Cyncher, Anthony Huacuja, Kiren Jethani, Christopher Quezada, Steven
Spagon and Jonathon Taller.
A PowerPoint presentation on Stormwater issues was presented by Diana Mahrnud, Mayor of
South Pasadena and San Gabriel Valley Council of Governments Water Committee Chair.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Licette Figueroa, Field Representative for Congresswoman Napolitano, invited the public to the 51h
Annual Veteran's Forum on Saturday, June 25, 2016 at the National Guard Armory in Azusa.
Richard Hopkins, representing the East San Gabriel Valley Coalition for the Homeless, address the
winter shelter program and homeless issues in the community.
James Grivich, West Covina resident, introduced himself as an Audit Committee applicant and
provided his background.
Stephen Montemayor, representing the Los Angeles Homeless Service Authority, spoke on
homelessness and offered services to the City.
Elsie Messrnan, West Covina resident, thanked John Caropino for his work at Shadow Oak Park,
and addressed the pay range for the lifeguards/instructors and Commissioner stipends.
Dalila Lopez, West Covina resident, addressed the lack of response from the Pony League baseball
Board Members at Walmerado Park and their lack of addressing a coach's verbal behavior with a
player and parents.
Andrea Chico, Irwindale resident, addressed the incident discussed by the previous speaker at
Walmerado Park and lack of response by the Pony League Board Member of a coach's verbal
behavior.
Phil Kaufman, West Covina resident, address the need to review the Athens Services disposal
contract.
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Tuesday May 17, 2016
Nestor Valencia, representing Vital Health Medical Group, spoke on the Medical Groups senior
care clinics and invited the Council to their grand opening of a clinic in West Covina on June 11,
2016.
Forrest Wilkins, West Covina, resident, spoke on the reason a Planning Commissioner recused
herself from the discussion of a topic, frivolous lawsuits, and Athens Disposal Service.
Gloria Gandara, West Covina resident, spoke in support of the award of contract for the Glendora
"Ramblas" project and supported an audit committee.
Fredrick Sykes, West Covina resident, requested root barriers be used when trees are replaced,
homelessness, Athens Disposal Service contract, and spoke in support to banning smoking in the
parks.
Dana Sykes, West Covina resident, addressed graffiti and the lack of response time in removing
graffiti, and spoke in support of banning smoking in city parks and city buildings.
Bruce Leinbach, West Covina resident, addressed the enhancement of the video and audio of the
meetings held in the chamber, the effects of "agent orange" used during the Vietnam War and
requested that the veterans who died from the effects of "agent orange" be recognized on Memorial
Day.
William Elliott, West Covina resident, commented on the Athens Disposal contract, country music,
stormwater, chamber sound system, information of City's Facebook page, consideration of a City
Police Commission, November ballot measures, and conceal carry permits.
City Manager Freeland and City Attorney Barlow responded to comments.
Adjournment Motions — Councilman Spence requested to adjourn in memory of longtime resident
Stephanie Newlan.
RECESS — Mayor Toma recessed the meeting at 9:17 p.m. The City Council reconvened at 9:24
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 from the Consent Calendar for separate discussion or action.
COMMISSION SUMMARY OF ACTIONS (receive & file)
1) February 10, 2016 Regular Human Resources Commission Meeting Summary of
Actions
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Tuesday May 17, 2016
Motion by Johnson and seconded by Wu to receive & file approve as presented. Motion carried 5-
0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
GOVERNMENT TORT CLAIM DENIAL
2) Government Tort Claim Denial
It is recommended that the City Council deny the following Government Tort Claims and
the claimants be notified.
• Meline Alachadzhyan and Henry Alachadzhyan vs. The City of West Covina
• Annette Guerra vs. They City of West Covina
• Jose Lopez vs. The City of West Covina
• Johnny Najera vs. The City of West Covina
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
CITY ATTORNEY'S OFFICE
3) Resolution Establishing Debarment Procedure for Contactors, Vendors, Proposers
and Consultants who Engage in Misconduct
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO. 2016-42 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA REGARDING DEBARMENT OF CONTRACTORS AND
VENDORS
This item was removed from the Consent Calendar by Councilman Spence for separate
consideration. Councilman Spence inquired into what the current penalty is for a contractor
submitting false documents and City staff review process of documents.
Council discussion included period of time of debarment, reinstatement allowing contractor to
resume work within the City, appeal process and refund of appeal fee if contractor prevails.
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Tuesday May 17, 2016
Motion by Warshaw and seconded by Wu to approve as presented and adopt Resolution No. 2016-
42.
Motion by Spence and seconded by Johnson to amend the motion to include refund of appeal fee
if contractor/vendor prevails the appeal process. Amendment failed 2-3 by the following vote:
AYES: Johnson, Spence
NOES: Warshaw, Wu, Toma
ABSENT: None
Motion by Warshaw and seconded by Wu to approve as presented and adopt Resolution No. 2016-
42. Motion carried 3-2 by the following vote:
AYES: Warshaw, Wu, Toma
NOES: Johnson, Spence
ABSENT: None
COMMUNITY SERVICES DEPARTMENT
4) Bill of Sale for California Portable
It is recommended that the City Council sell the California Portable to West Covina Unified
School District (WCUSD) for $1.00.
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Tema
NOES: None
ABSENT: None
FINANCE DEPARTMENT
5) FY 15/16 Budget Amendments
It is recommended that the City Council approve the proposed FY 15/16 Budget
Amendments:
1. Appropriate revenues in the amount of $1,131,245 to the Federal Asset Forfeiture Fund
drug enforcement rebate (Acct# 117.31.4559), revenues in the amount of $398,133 to
the Federal Asset Forfeiture Fund treasury (Acct # 117.31.4569) and revenues in the
amount of $56,607 to the State Asset Forfeiture drug enforcement rebate (Acct#
116.31.4559); and
2. Appropriate revenues in the amount of $680,000 to the Community Development Fund
(Acct# 131.51.4551); and
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Tuesday May 17, 2016
3. Appropriate expenditures in the amount of $3,787.19 to the General Fund transfers out
(Acct # 110.95.9500.9159) and revenues in the amount of $3,787.19 to the Summer
Meals Program Fund transfers in (Acct ft 159.00.9110) to help subsidize program.
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Tom
NOES: None
ABSENT: None
HUMAN RESOURCES
6) Lifeguard and Lifeguard Instructor Pay Ranges
It is recommended that the City Council:
1. Approve the Pay Ranges for the Lifeguard and Lifeguard Instructor Class
Specifications; and
2. Adopt the following resolution:
RESOLUTION NO. 2016-43 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, ESTABLISHING THE LIMITED SERVICES
COMPENSATION SCHEDULE
This item was removed from the Consent Calendar by Mayor Pro Tem Warshaw for separate
consideration to bring awareness to the public that the recommended pay ranges for lifeguards and
lifeguard instructors have been revised and an addendum to the staff report is available for review.
Council discussion included the review process undertaken by staff to change the original
recommended pay ranges.
Motion by Warshaw and seconded by Toma to approve as presented and adopt Resolution No.
2016-43. Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
PUBLIC WORKS
7) Contract for Electronic Waste Collection and Recycling Services
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Tuesday May 17, 2016
It is recommended that the City Council authorize the City Manager to execute a contract
with Cal Micro Recycling of Ontario, California in the total amount of $25,000 for a five-
year contract to provide electronic waste collection and recycling services.
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Torna
NOES: None
ABSENT: None
8) Contract for Maintenance of Landscaping, Natural and Open Space Areas,
Hardscaping, and Irrigation Systems for Landscape Maintenance Districts 6 and 7
It is recommended that the City Council authorize the City Manager to execute an
agreement with Azteca Landscape of Corona, California in the amount of $492,825 for a
five-year contract to provide maintenance of landscaping, natural and open space areas,
hardscaping, and irrigation systems for Landscape Maintenance Districts 6 and 7.
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
9) Purchase of Combination Sewer Cleaning Truck
It is recommended that the City Council take the following actions:
1. Approve purchase of a combination sewer cleaning truck from Haaker Equipment
Company of La Verne, California in the amount of $422,264.47 including sales tax;
and
2. Confirm the Finance Department/Purchasing Officer's findings that the purchase and
delivery of the combination sewer cleaning truck through the National Joint Powers
Alliance (NJPA) Cooperative Purchasing satisfies West Covina's bid process as stated
in the West Covina Municipal Code Chapter 2, Article VII, Division 2, Section 2-333
(i)(2); and
3. Appropriate an additional $302,264.47 from the Sewer Fund (Fund 189) to (Project
Account No. 15705.189.7170) to cover the shortfall in funding; and
4. Authorize surplus of Vehicle No. 115.
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Tuesday May 17, 2016
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
END OF CONSENT CALENDAR
DEPARTMENTAL REGULAR MATTERS
10) Initiate a Proposition 218 Hearing Process for Proposed Adjustments to Residential
and Commercial Solid Waste Rates
It is recommended that the City Council take the following actions:
1. Direct staff to initiate a Proposition 218 Hearing Process for a solid waste rate increase
for Fiscal Year 2016-2017 through Fiscal Year 2020-2021; and
2. Authorize the City Attorney to draft a 10th Amendment to the Athens Services'
Agreement, with the deal points outlined in the staff report.
City Manager Chris Freeland presented the staff report.
Council discussion with Athens Services staff included tipping fees increases within the past three
years, San Bernardino landfill tipping fees, use of CPI adjustments only for the San Bernardino
landfill increase, 2013 special fee increase request, proposed rate increase, comparison of rate
increase vs. that of other cities, right to audit, ability to renegotiate contract and current binding
contract, inclusion of street sweeping into contact and street sweeping services, cost of
transportation of trash, Prop 218 provisions, yard clean up and bulking item pick-up, tonnage
reports, diversion rates, evergreen and affirmation clauses, proposed extraordinary costs, noticing
to rate payers, and large bulking pickup to apartment complexes.
Council engaged in lengthy discussion which included prior contract negotiations and evergreen
contract, benefits of the evergreen contract, ability to cancel contract, and services provided.
Motion by Warshaw and seconded by Johnson to direct staff to initiate a Proposition 218 Hearing
Process for a solid waste rate increase for Fiscal Year 2016-2017 through Fiscal Year 2010-2021.
Motion carried 3-2 by the following vote:
AYES: Johnson, Warshaw, Wu
NOES: Spence, Toma
ABSENT: None
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Tuesday May 17, 2016
Motion by Warshaw and seconded by Wu to authorize the City Attorney to draft a 10t h Amendment
to the Athens Services' Agreement. Motion carried 4-1 by the following vote:
AYES: Johnson, Spence, Warshaw Wu
NOES: Toma
ABSENT: None
COMMUNITY SERVICES DEPARTMENT
11) Homeless Initiative Update
It is recommended that the City Council take the following action:
1. Provide direction on any recommended strategies that the City Council would like to
consider implementing; and
2. Adopt the following Resolution:
RESOLUTION NO. 2016-41 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DECLARING TO PARTNER WITH THE
COUNTY OF LOS ANGELES TO COMBAT HOMELESSNESS
Community Services Director Nikole Bresciani presented the staff report.
Council discussion included costs of participating, County recommended strategies for cities to
participate in, strategies identified by staff as possible City interest, available City housing funds
and identified use of housing funds, resolution language contradictory to staff report
recommendation, need to combat homelessness and support of partnering with the County, and
changes to the resolution. Councilman Spence stated he did not support the resolution as currently
written.
Council engaged in discussion of amending the proposed resolution by deleting the bullet point
referencing the use of land use and affordable housing solutions and to eliminate "endorses" in
Section 1, and funding for Rapid Rehousing strategy.
City Manager Freeland requests whether there are any strategies the Council would like to explore
but not commit too.
Motion by Toma and seconded by Warshaw to adopt Resolution No. 2016-41 as amended by
deleting the fourth bullet point within the sixth 'Whereas' paragraph and changing Section 1 to read
"City Council supports the County's efforts to combat homelessness" and explore the additional
five (5) County strategies identified by staff.
Motion by Spence and seconded by Johnson to add an amendment to include in the Resolution the
City's opposition to the County's income tax proposal.
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Tuesday May 17, 2016
Motion to accept amendment passes 3-2 by the following vote:
AYES: Johnson, Spence, Wu
NOES: Warshaw, Toma
ABSENT: None
Vote on original motion passes by the following vote:
AYES: Johnson, Wu, Toma
NOES: Warshaw, Spence
ABSENT: None
FINANCE DEPARTMENT
12) Appointment of Audit Committee Member
It is recommended that the City Council:
1. I Appoint one community member to the City's Audit Committee to fill the recent
vacancy; and
2. Adopt the following resolution:
RESOLUTION NO. 2016-40 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, AMENDING THE PROCEDURES, RULES AND
REGULATIONS FOR THE AUDIT COMMITTEE
Mayor Toma announced a vacancy on the Audit Committee.
Motion by Spence and seconded by Johnson to nominate James Grivich to the Audit Committee.
Due to the removal of the City Manager from the Audit Committee per the proposed Resolution,
Councilman Spence motioned to include the elected City Clerk to the Audit Committee. City
Manager Freeland outlined the basis of the Audit Committee. Council discussed including an
additional member. Motion failed due to lack of a second.
Motion by Spence and seconded by Johnson to appoint James Grivich to the Audit Committee and
adopt Resolution No. 2016-40 - as presented. Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Torna
NOES: None
ABSENT: None
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Tuesday May 17, 2016
PUBLIC WORKS
13) Award of Contract for Glendora Avenue "Ramblas" Project
It is recommended that the City Council take the following actions:
1. Award a contract for planning, environmental analysis, engineering, community
outreach, preparation of bid documents and construction support services for Glendora
Avenue "Ramblas" Project to Kreuzer Consulting Group in the amount of $435,450
and authorize the City Manager to execute the contact; and
2. Appropriate $510,000 from the Proposition C Fund balance to Project No. SP-16047
(Account No. 16047.122.7200) to cover the design cost for this project.
Staff report presented by Public Works Director Chino Consunji. City Manager Freeland added
additional comments.
Council discussion included looking at grants and meeting stormwater requirements.
Motion by Warshaw and seconded by Johnson to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
MAYOR/COUNCILMEMBERS REPORTS
None.
AB1234 Conference and Meeting Report (verbal, if any)
(ln accordance with AR 1234, Councilmembo-s shall make a brief report or file a written report on any
meeting/event/conference attended at City expense.)
Mayor Pro Tern Warshaw reported on his attendance at a meeting in the City of Glendora on
stormwater requirements and requested the support of Council to further discuss the existing
litigation of the cities of Duarte and Gardena regarding stoi -rawater issues and requirements.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 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 Connnission)
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Tuesday May 17, 2016
COUNCILMAN TONY WU
14) Request from Councilman Tony Wu Requesting the City Council's Consensus to
Instruct City Staff to Develop a Shop West Covina Program and Brand West Covina
as a Retail Destination
Councilman Wu provided a background of his request.
Council discussion included lack of staff and utilizing Greater West Covina Business Association
for promotions and the introduction of a proposed branding campaign during budget discussions.
Motion by Wu and seconded by Spence direct staff to develop a Shop West Covina Program and
Brand West Covina as a Retail Destination. . Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
CITY COUNCIL COMMENTS
Councilman Johnson commented on the signage at Hustler and requested the City Attorney's on
the City's options. City Attorney Barlow stated the City requested they remove their signs to align
themselves as a retail business operation.
Councilman Wu concurred with concerns.
Mayor Toma announced the first Budget Study Session to be held tomorrow, May 18, 2016; the
Rotary Club Hear of the Valley 5K to be held on May 21, 2016 at the West Covina Plaza; and Wells
Fargo grand opening at the Eastland Center.
Mayor Pro Tern Warshaw announced that the West Covina Police Volunteers, formerly known as
S.H.O.P., will be holding their annual garage sale on the corner of Sunset and Cameron this
upcoming weekend.
ADJOURNMENT
Mayor Toma adjourned the meeting at 11:43 p.m.
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Tuesday May 17, 2016
Submitted by:
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Assistant CitY,C1r1(
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