08-02-2017 - Special Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
WEDNESDAY AUGUST 02, 2017, 6:00 PM
SPECIAL MEETING - CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
Mayor Warshaw called to order the special closed session meeting of the West Covina City
Council at 6:14 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey
Avenue, West Covina, California.
ROLL CALL
Present: Mayor Corey Warshaw, Mayor Pro Tern Mike Spence
Councilmen Lloyd Johnson, James Toma, Tony Wu
Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City
Manager Laura Minnich, and Assistant City Manager/Community Services
Director Nikole Bresciani
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code 54956.9(d)(2)
Number of Cases: One (1)
„
Submitted by:
ouSalUA.• Butler, MMC
Assistant City Clerk
Mike-Spence
Mayor
Wednesday August 02, 2017
REPORTING OUT
None
ADJOURNMENT
Mayor Warshaw adjourned the meeting at 6:28 p.m.
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CITY OF WEST COVINA
CITY COUNCIL
WEDNESDAY AUGUST 02, 2017, 6:30 PM
SPECIAL MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
CALL TO ORDER — Mayor Corey Warshaw called the meeting to order at 6:39 p.m.
PLEDGE OF ALLEGIANCE — Led by Mayor Warshaw
ROLL CALL
Present: Mayor Corey Warshaw, Mayor Pro Tern Mike Spence, Councilmen Lloyd
Johnson, James Toma, and Tony Wu
Staff Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City
Manager Laura Minnich, and Assistant City Clerk Rosalia Butler.
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(2)
Number of Cases: One (1)
City Attorney Barlow reported that there was no reportable action taken during closed session.
Wednesday August 02, 2017
CHANGES TO THE AGENDA
City Manager Freeland stated there were no changes to the agenda.
Adjournment Motions
Mayor Warshaw requested that tonight's meeting be adjourned in memory of former Planning
Department employee Sylvia Hernandez and Councilman Wu requested tonight's meeting be
adjourned in memory of Tiffany Ching, wife of City of Walnut Mayor Eric Ching.
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
Elsie Messman, West Covina resident, addressed the proposed requested appropriation for City
Attorney fees, and spoke in support of terminating the Athens Services rolling evergreen contract.
Jerri Potras, West Covina resident, addressed the Athens Services evergreen contract.
John Shewmaker, West Covina resident, addressed Porto's Bakery agenda item and parking, bank
service fees, appropriation for City Attorney fees, and Athens Services.
Herb Redholtz, West Covina resident, addressed the Athens Services evergreen contract.
Jim Grivich, West Covina resident, spoke as the chair of the Audit Committee and the
Committee's recommendation to the Council to resolve the audit exception, regarding Athens
Services, from the State audit.
Birdie Azpetia, West Covina resident, addressed the Athens Services contract.
Fredrick Sykes, West Covina resident, addressed the Athens Services contract.
Gary Clifford, Executive Vice President for Athens Services, spoke on the City's continued
support of Athens Services and the benefits they have provided to the city.
City Attorney Barlow addressed speaker comments in regards to the appropriation request for
City Attorney 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.
I) Government Tort Claim Denials
It is recommended that the City Council reject and deny the following Government Tort
Claim and the claimant and/or the respective attorney be notified.
West Covina Police Officers Association vs. City of West Covina
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Wednesday August 02, 2017
Motion by Spence and seconded by Johnson to approve as recommended. Motion carried 5-0 by
the following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
2) Porto's Bakery & Café Lease Agreement
It is recommended that the City Council take the following actions:
1. Find that the approval of the attached lease is exempt from California Environmental
Quality Act ("CEQA") review pursuant to CEQA Guideline Sections 15061 (b)(3)
and 15301; and
2. Approve the attached Lease Agreement and authorize the City Manager to execute
the Lease Agreement between the City of West Covina and Porto's Bakery & Café
for use of the City's Parking Facilities at the Civic Center.
This item was removed from the Consent Calendar by Councilman Wu who requested the City
work with West Covina Plaza for removal of the fence between the bakery location and the Plaza
parking lot for utilization of the Plaza parking spaces.
Council discussion included the Plaza being concerned with impacts to parking, support of
Porto's utilizing the City's parking structure for employee parking, lack of interest by Porto's and
Plaza in removing the fence, and review of paid parking at the City Hall structure,
Motion by Spence and seconded by Wu to approve as recommended. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Torna, Wu, Warshaw
NOES: None
ABSENT: None
3) Bank Fee Analysis
It is recommended that the City Council continue with Wells Fargo as our bank based on
reduced negotiated fees and continue to review the fees with the bank representative on an
annual basis.
This item was removed from the Consent Calendar by Councilman Wu who expressed concerns
with the fees and to negotiate to minimize banking fees.
Council discussion included that fees are associated with services, issuing a Request for Proposal
(RFT) to review other options, and if the negotiated lower fees are associated with a contract for
the Fiscal Year 2017-18.
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Wednesday August 02, 2017
Motion by Spence and seconded by Johnson to carry this item to a subsequent meeting after
further review of the savings period and if under contract.
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
4) Auto Plaza Business Improvement District Revised Sign Replacement Agreement
It is recommended that the City Council authorize the City Manager to execute the revised
Auto Plaza Sign Loan Agreement with the West Covina Auto Plaza Association, Inc.
Motion by Spence and seconded by Johnson to approve as recommended. Motion carried 5-0 by
the following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
5) Fiscal Year 2016 - 17 Budget Amendment
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2017-78 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30,
2017 (Jones & Mayer)
This item was removed from the Consent Calendar by Mayor Pro Tern Spence for further
discussion.
Council discussion included funding source and fund balance.
Motion by Spence and seconded by Toma to approve as recommended. Motion carried 5-0 by
the following vote:
AYES:. Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
DEPARTMENTAL MATTERS
6) Athens Services Rolling Contract Term Provision
It is recommended that the City Council discuss if it desires to exercise a notice of intent
to terminate the Athens Services 25-year rolling contract (evergreen) provision.
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Wednesday August 02, 2017
Mayor Warshaw introduced the subject matter and City Manager Freeland presented a brief
overview of the process to terminate the Athens evergreen provisions, which would include a
period to meet and confer, if the Council where to issue a notice of intent to terminate.
Council discussion included the previous council action to transition from a 12-year evergreen
contract to a 25-year evergreen contract, benefits associated with the 25-year evergreen ($300,000
contribution to the City per year and community involvement), negotiating with Athens for
additional benefits, rate increases initiated by Athens Services, and evergreen clauses as bad
public policy with no competition.
Motion by Tama to exercise a notice of intent to terminate the Athens Services 25-year evergreen
clause. Motion dies to a lack of a second.
Discussion continued regarding benefits received versus lack of benefits received from other
companies in which we have franchise agreements (i.e., Edison, water companies, etc.), limitation
of competition with companies with exclusive franchise agreements, meeting State mandates with
franchise agreements, and litigation of clawback provision if evergreen terminated.
Motion by Toma, due to Most Favored Nation clause in contract, and seconded by Spence to
direct staff to acquire all Athens Services contracts with other cities in Southern California for
review of more favorable provisions.
City Attorney Barlow stated this clause has been discussed with Athens, however, West Covina's
model is not necessarily equal to other cities, but can still be reviewed.
Council discussion included only reviewing other cities of equal size and population, comparable
pick up cycles and bins, and practicality of reviewing other contracts.
Councilmember Toma amended his motion to review contracts only in Los Angeles County
instead of Southern California.
Mayor Warshaw invited Athens Service Executive Vice President Clifford to the podium to
address the number of contracts in Los Angeles County and similar contracts.
Motion carried 3-2 as amended to review only Los Angeles County Athens Services contracts.
AYES: Johnson, Spence, Toma
NOES: Wu, Warshaw
ABSENT: None
Motion by Spence to return the $300,000 franchise fee as a rebate to Athens Services customer
and to fund such rebate through a percentage cut in non-public safety departments. Motion dues
due to a lack of a second.
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Mike Spence
Mayor
oliA. 'Butler, MMC
Assistant:City Clerk
Wednesday August 02, 2017
ADJOURNMENT
Mayor Warshaw adjourned the meeting at 8:04 p.m. in memory of Sylvia Hernandez and Tiffany
Ching.
Submitted by: ,
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