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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 2 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 3 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 5 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 0 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. 7 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 8