04-16-2013 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
April 16, 2013
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:02 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Mayor Sanderson requested a
moment of silence in recognition of the Boston marathon bombings.
INVOCATION Rabbi Elisheva Diaz
Temple Ami-Shalom
PLEDGE OF ALLEGIANCE Councilmember Robert Sotelo
ROLL CALL Mayor Sanderson, Mayor Pro Tern Herfert
Councilmembers McIntyre, Sotelo, Sykes
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following.
Prior to convening into closed session, all items on the City
Council and Successor Agency agendas were announced for
inclusion. in the closed session discussion; all members of the
Council/Successor Agency were present. One public comment
was received prior to the City Council recessing into closed session
discussion.
Items on the City Council agenda:
Conference with Legal Counsel — Existing Litigation —
Arleen Flannery vs. City of West Covina - City Council received a
briefing with no final action taken; authority and direction was
provided to the City Attorney's office, with no final settlement
there is nothing further to report.
Conference with Legal Counsel — Existing Litigation —
West Covina Improvement Association vs. City of West Covina -
City Council received a briefing with no final action taken and
nothing further to report.
Conference with Legal Counsel — Existing Litigation — City.
of Alhambra and 46 Other Cities vs. County of Los Angeles - City
Council provided authorization to continue prosecution of this
litigation against the County of Los Angeles.
Items on the City Council/Successor Agency agenda:
COUNCIL/SUCCESSOR AGENCY Conference with Legal Counsel — Anticipated Litigation —
One case — The City Council/Successor Agency provided by
unanimous vote authorization to the City Attorney's Office to file
litigation against the State of California, the State Department of
Finance, the County of Los Angeles and any and all other related
parties, in the event the Department of Finance denies the City's
request pursuant to the meet and confer process and the attempt of
the City to protect the money that is being denied by the State from
the City.
PRESENTATIONS Mayor Sanderson called forward Public Works Director Shannon
Yauchzee, to receive a proclamation designating Saturday, April
201", 2013 as Earth Day.
Mayor Sanderson called forward Geneva Nixon with West Covina
Beautiful, to receive a proclamation designating April 20, 2013 as
Arbor Day in West Covina.
City Council Minutes of April 16, 2013
CHANGES TO THE AGENDA City Manager Chris Chung announced that Item #20 — Urgency
Ordinance Establishing a Moratorium to Prohibit the Construction
of Residential Structures on 54 Vacant Properties in the South
Hills Subdivision to Study Development Standards, is being
removed from tonight's agenda, and, Item #18 — Appeal of
Planning Commission Denial of Subcommittee for Design review
No. 12-03, Categorical Exemption, Applicant/Appellant: Leonard
Radomskiy, Location: Adjacent to Summerplace Village
condominium complex, at the end of S. Dryden Lane on the east
side of the street (Assessor's Identification Number 8743-002-
036) — will be moved to a future meeting due to a request received
to have a 60-day continuance of the appeal.
ORAL COMMUNICATIONS
Alfred Williams Alfred Williams, West Covina resident, spoke on racism and
comments made by Mayor Pro Tem Herfert at a previous meeting
and stated he is waiting for an apology and expressed his
disapproval for the lack of comments by the City Council.
John Shewmaker John Shewmaker, West Covina resident, addressed his
dissatisfaction with Mayor Pro Tem Herfert's comment made at a
previous Council meeting and the duty of a councilmember to
continue despite controversy.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed elements of
racism and comments. made by Mayor Pro Tem Herfert at a
previous Council meeting requesting him to apologize for his
comments to end the controversy.
Blanca Venzor Blanca Venzor, West Covina resident, addressed a comment made
by Mayor Pro Tem Herfert at a previous Council meeting and
asked that he apologize for his comment that has caused much
concern.
Corey Warshaw Corey Warshaw, West Covina resident, addressed the appeal at the
library/civic center property voicing his lack of support.
Forrest Wilkins Forrest Wilkins, West Covina resident, addressed the actions of
councilmembers following Mayor Pro Tem Herfert's.comments at
a previous Council meeting.
Beverly Balthius Beverly Balthius, West Covina resident, spoke in support of Arbor
Day event at Galster Park on April 20"'.
Ray Hernandez Ray Hernandez, West Covina resident, requested an update on the
video recording improvements to be installed in the Council
Chambers.
Lloyd Johnson Lloyd Johnson, West Covina resident, had several questions
regarding the Civic Center project costs and requested information,
in writing on City letterhead, regarding the cost to tax payers for
the appeal of the Court's decision on this project.
Herb Redholtz Herb Redholtz, West Covina resident, spoke on Council's decision
to appeal the judge's ruling regarding the Civic Center Project; the
costs related to a project that has little public support from
residents; and the spending of tax dollars on court costs.
Angie Gillingham Angie Gillingham, West Covina resident; addressed comments
made by Mayor Pro Tem Herfert in the Tribune which stated he is
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City Council Minutes of April 16, 2013
being slandered due to his comments and addressed the
appointment of Mr. McIntyre to the council.
Shirley Leon Shirley Leon, West Covina resident, requested Mayor Pro Tem
Herfert apologize for his comments and addressed the needs of her
neighborhood and the assistance received from Councilmember
Sykes.
Elsie Messman Elsie Messman, West Covina resident, thanked Mr. Bachman for
his service to the City; expressed dissatisfaction with the handling
of the Civic Center project; addressed the Moratorium and the loss
of revenue; and requested Council listen to the residents.
Irene Fleck Irene Fleck, West Covina resident, addressed speakers comments
hoping Council will listen; addressed the upcoming book signing
at the Library with Frank Girardot.
Vickie Scheliga Vickie Scheliga, West Covina resident, representing the Lions
Club, addressed the upcoming Night on the Town on May 22.
Community Services Director Chris Freeland provided an update
on the Council Chamber's upgrade of the video recording system.
Councilmember Sykes addressed concerns by Shirley Leon to
provide patrols in her neighborhood.
Mayor Pro Tem Herfert responded to comments and criticism from
speakers. He apologized to colleagues for the distraction.
Councilmember Sotelo thanked Mayor Pro Tem Herfert for his
apology.
Councilmember McIntyre addressed speakers' comments
regarding the amount of time to complete one of his family's
development projects and the Civic Center project's profitability.
CONSENT CALENDAR
1) Approval of Meeting Minutes (receive & file)
Minutes Special Council Meeting Minutes of February 5, 2013
Regular Council Meeting Minutes of February 5, 2013
Special Council Meeting Minutes of February 7, 2013
Commission Summary of Actions (receive & file)
2) Planning Commission March 26, 2013 and April 9, 2013
Claims Against the City
3) Government Tort Claims Denials
Claims Against the City Recommendation is that the City Council deny the following
Government Tort Claims, and the claimants and/or their respective
attorneys be so notified.
• Helene Dunmore vs. City of West Covina
• Sara Dunmore vs. City of West Covina
• Tatianna Dunmore vs. City of West Covina
• Jeremiah Dunmore vs. City of West Covina
• Tommy Dunmore vs. City of West Covina
• Brionna Samuel vs. City of West Covina
• Rudy Lussow vs. City of West Covina
Award of Bid
4) Award of Bid for Construction of Bus Pads, Curb and Gutter
Bus Pads, Curb/Gutter Repairs Repair, and the Construction of Wheelchair Ramps
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City Council Minutes of April 16, 2013
Recommendation is that the City Council take the following
actions:
1. Accept the bid of FS Construction of Sylmar in the amount of
$193,750.00 as submitted at the bid opening on March 14,
2013, and authorize the Public Works Director/City Engineer
and City Clerk to execute an agreement with FS Construction
for the work to be done.
2. Transfer $20,000.00 from Project No. SP-13104
(131.81.8321.7200) to Project No. SP-13101
(131.81.8320.7200).
3) Award of Bid for the Purchase of a Ditch Witch Vacuum
Purchase of Vacuum Excavator Excavator — VP- 13701
Recommendation is that the City Council take the following
actions:
1. Approve the transfer of $11,994.82 from Sewer Fund Balance
to Account No. 189.87.8328.7170. This transfer will provide
$51,994.82 in 189.87.8328.7170 (Sewer Funds) and $10,000 in
149.87.8328.7170 (Used Oil Grant Fund) for a total purchase
price of $61,994.82 including tax and delivery for a vacuum
excavator.
2. Waive the formal contract procedures and "piggyback" on
State Contract No. GS-30E-005N to purchase a Ditch Witch
vacuum extractor.
Approval of Final Map
Approval of Final Map for Parcel Map No. 71972
Location: 512 S. Valinda Avenue
6) Subdivider: Immanuel First Lutheran Church
Final Map 512 S. Valinda Ave. Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2013-20 RESOLUTION NO. 2013-20 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING FINAL MAP OF PARCEL MAP NO. 71942
LOCATED AT 512 S. VALINDA AVENUE AND DIRECTING
THE RECORDATION THEREOF (IMMANUEL FIRST
LUTHERAN CHURCH)
Traffic Committee Meeting Minutes (accept & file)
7) Traffic Committee Minutes Traffic Committee Minutes — Meeting of March 19, 2013
L Request:
Grace Garner, West Covina School District
That a school bus loading zone for school days be established at
Orangewood Elementary School on the south side of Durness
Street.
Traffic Committee Recommendation:
That a No Stopping School Bus Loading zone for school days be
established at Orangewood Elementary School on the south side of
Durness Street on the northerly side of the school.
City Manager's Office
8) Appointment of Community and Senior Services Commissioner
Community/Senior Commission Recommendation is that the City Council adopt the following
resolution re -appointing seven individuals to the Community and
Senior Services Commission:
Resolution No. 2013-21 RESOLUTION NO. 2013-21 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
C!
City Council Minutes of April 16, 2013
APPOINTING INDIVIDUALS TO THE WEST COVINA
COMMUNITY AND SENIOR SERVICES COMMISSION
9) Appointment of Human Resources Commissioner
Human Resources Commission Recommendation is that the City Council adopt the following
resolution appointing an individual to the Human Resources
Commission:
Resolution No. 2013-22 RESOLUTION NO. 2013-22 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPOINTING GARY VILLALOBOS TO THE WEST COVINA
HUMAN RESOURCES COMMISSION
Community Development Commission
10) Penske Audi Soundwall
Penske Audi Soundwall Recommendation is that the City Council approve the Agreement
of Construction and Maintenance of a Soundwall between the City
of West Covina and Penske Audi for the construction of a masonry
block wall on Penske Audi's property and authorize the City
Manager to implement said Agreement and take all further actions
necessary to effectuate said agreement with Penske and Caltrans.
Police Department
11) Replacement of Police Records Copier
Police Department Copier Recommendation is that the City Council, in accordance with
Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (i)
(2), find that the National Joint Powers Alliance contract # 110312
SEC for a Sharp MX-M904 copier satisfies West Covina's bid
process, and authorize the Chief of Police to enter into a 60-month
lease agreement with the CBE Office Solutions.
Asset Forfeiture Funds for Police Overtime, Equipment, and
12) Supplies
Asset Forfeiture Funds Recommendation is that the City Council:
1. Appropriate a total of $525,100 in federal asset forfeiture funds
from the fund balance of Fund 117, as follows:
• $350,000 into 117.31.3120.5113 for supplemental
unbudgeted overtime for staffing shortages, neighborhood
crime responses, targeted enforcement, and emergency
SWAT deployments;
• A total of $95,000 into 117.31.3119.7160 for the purchase
of technology equipment;
• A total of $40,600 into 117.31.3110.7160 police equipment
items;
• A total of $39,500 into 117.31.3110.6220 for police supply
items.
Public Works Department
Landscape Maintenance District No. 4
13) Preliminary Approval of the Engineer's Report
LMD No. 4 Recommendation is that the City Council adopt the resolution:
Resolution No. 2013-23 RESOLUTION NO. 2013-23 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 4, 2013 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4
COMMENCING IN FISCAL YEAR 2013-2014 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
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City Council Minutes of April 16, 2013
LANDSCAPING'AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
Landscape Maintenance District No. 6
14) Preliminary Approval of the Engineer's Report
LMD No. 6 Recommendation is that the City Council adopt the resolution:
Resolution No. 2013-24 RESOLUTION NO. 2013-24 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON .TUNE 4, 2013 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 6
COMMENCING IN FISCAL YEAR 2013-2014 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
Landscape Maintenance District No. 7
15) Preliminary Approval of the Engineer's Report
LMD No. 7 Recommendation is that the City Council.adopt the resolution:
Resolution No. 2013-25 RESOLUTION NO. 2013-25 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 4, 2013 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 7
COMMENCING IN FISCAL YEAR 2013-2014 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
Citywide Lighting and Maintenance District Preliminary Approval
16) of the Engineer's Report
Lighting & Maintenance District Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2013-26 RESOLUTION NO. 2013-26 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUKE 18, 2013 TO
APPROVE CITYWIDE ASSESSMENTS COMMENCING IN
FISCAL YEAR 2013-2014 TO FUND THE OPERATION AND
MAINTENANCE OF STREET LIGHTS AND STREET TREES
WITHIN THE DISTRICT
West Covina Citywide Sewer Service Charge Setting a Public
17) Hearing Date on a Method of Collection and Fee Increase
Sewer Service Charge Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2013-27 RESOLUTION NO. 2013-27 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ITS INTENTION TO ADOPT A SCHEDULE OF
SEWER FEE INCREASES AND COLLECT THE ANNUAL
SEWER SERVICE CHARGE THROUGH THE COUNTY TAX
BILL AND SETTING JUNE 18, 2013, FOR A PUBLIC
HEARING ON METHOD OF COLLECTION AND FEE
INCREASES
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City Council Minutes of April 16, 2013
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sotelo to approve all items
listed on the Consent Calendar as presented.
Motion carried by 5 — 0.
HEARINGS This item removed from the agenda to a subsequent date due to
receipt of applicant's request for a 60-day continuance.
Appeal Hearing
Appeal of Planning Commission Denial of Subcommittee for
Design Review N. 12-03
Categorical Exemption
Applicant/Appellant: Leonard Radomskiy
18) Location: Adjacent to Summerplace Village condominium
S. Dryden Lane Appeal complex, at the end of S. Dryden Lane on the east side of the street
(Assessor's Identification Number 8743-002-036)
Mayor Sanderson called for a vote to continue this matter due to a
request that was received for a 60-day continuance.
Motion Motion by Sotelo and seconded by Sykes to approve a 60-day
continuance of this appeal, hearing.
Motion carried by 5 — 0.
Public Hearing
19) FY 2013-2014 Community Development Block Grant (CDBG)
CDBG Action Plan Action Plan
Mayor Sanderson announced the hearing matter and Assistant City
Clerk Sue Rush verified that proper legal notice had been given.
Mayor Sanderson then proceeded to open the hearing and
Management Analyst Kelly McDonald provided a brief summary
of the development of the Action Plan which is required by the
U.S. Department of Housing and Urban Development (HUD) that
details how the funds will be spent. McDonald described the
HUD -required process that includes numerous hearings, the public
review period of the Draft plan, and he also explained that HUD
had not announced the final grant amounts and had advised the
City to use the current allocation less 5.1% due to the sequester.
Once the final grant amount is known and adjustments become
necessary, he explained the amendment process. He then
requested Council's approval of staff s recommendation of the FY
2013-2014 Action Plan as presented in the staff report.
Open testimony Mayor Sanderson opened the public comment portion of the
hearing and called for public comment.
Close testimony There being no one wishing to address Council, Mayor Sanderson
proceeded to close the public comment portion of the hearing.
Motion Motion by Herfert and seconded by Sykes to approve the proposed
FY 2013-2014 CDBG Action Plan.
Motion carried by 5 — 0.
DEPARTMENTAL MATTERS This item nvas. removed from the agenda under Changes to the
Agenda
20) Planning Department
Urgency Ordinance Establishing a Moratorium to Prohibit the
Urgency Ordinance for Construction of Residential Structures on 54 Vacant Properties in
Moratorium on South Hills Lots the South Hills Subdivision to Study Development Standards
Mayor Sanderson announced that this item is to be held over to a
future meeting.
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City Council Minutes of April 16, 2013
Motion Motion by Sotelo and seconded by Herfert to hold this matter over
to a future meeting.
Motion carried by 5 — 0.
COUNCIL COMMENTS Councilmember Sykes requested, that in the future and in better
economic times, a study to bring broadband to West Covina be
brought forth.
ADJOURNMENT Motion by Sotelo and seconded by McIntyre to adjourn the
meeting at 8:10 p.m. in memory of Anita Sotelo Butler, mother of
Councilmember Sotelo.
Motion carried by 5 — 0.
Submitted by:
Assistant City C erk Susan/Rush
May helley Sanderson
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