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06-18-2013 - Regular Meeting - Minutes1,1110208OW REGULAR MEETING OF THE WEST COVINA CITY COUNCIL June 18, 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. INVOCATION Pastor Kelly Dupee Faith Community Church PLEDGE OF ALLEGIANCE Mayor Pro Tern Steve Herfert ROLL CALL Mayor Sanderson, Mayor Pro Tern Herfert, Councilmembers McIntyre, Sotelo, Sykes REPORTING OUT FROM CLOSED SESSION Deputy City Attorney Nichols reported the following: Prior to convening into closed session, all items on the City Council agenda were announced for inclusion in the closed session discussion; all members of the City Council were present. Items on the City Council agenda: Conference with Labor Negotiators — Employee . Organizations: Miscellaneous Unrepresented . Management Employees; Assistant City Clerk, Assistant City Manager, Community Development Commission Director, Community Services Director, Deputy" City Manager, Fire Chief, Finance Director, Planning Director, Police Chief, Public Works Director/City Engineer — Council gave staff recommendation on negotiations with no reportable action taken by Council. Conference with Legal Counsel - Anticipated Litigation — Nichols reported that staff and City Attorney provided. information to Council and Council provided direction to staff . with no reportable action taken. Public Employee Release — Council was briefed by staff and Council gave staff direction with no action taken and nothing further to report. PRESENTATIONS Mayor Sanderson presented Dennis Chiappetta of Athens Services with a certificate of recognition for their Clean -Up Saturday's Program where over 700 tons of waste was collected. Mayor Sanderson presented Barbara Roddy with a certificate of recognition for being recognized by the Los Angeles County Commission for Older Adults as volunteer of the year for her volunteerism at the West Covina Senior Center. CHANGES TO THE AGENDA City Manager Chris Chung announced that Item #5 — Award of Bid for City of West Covina Fixed Route and Dial -A -Ride Transit Service - is being pulled off the agenda. Chung also stated appellant. Leonard Radomskiy has requested that Item 412 — Appeal of Planning Commission Denial/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 — be continued to July 16, 2013. Deputy City Attorney Nichols reported that no further notice is required to be given if continued — only the date to which the matter is to be continued if continuance is approved. City Council Minutes of June 18, 2013 12) Appeal of Planning Commission Denial — S. Dryden Lane City Manager Chung suggested moving forward Agenda Item # 12. Deputy City Attorney Nichols advised that it was the Council's decision to either honor the applicant's request to continue to a future meeting or move the item forward. Appeal Hearings 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) Motion Motion by Herfert and seconded by Sykes to continue the matter to July 16, 2013 per the applicant's/appellant's request. Motion carried by 5 — 0. ORAL COMMUNICATIONS Alfred Williams Alfred Williams, West Covina resident, thanked Community Services Director Chris Freeland for the current video camera system upgrades; addressed an item from a previous meeting regarding a study for County Fire & ' Paramedic Services and thanked Council for their decision to move forward with the study. James Toma - James Toma, West Covina resident, addressed the Civic Center/Library project, which many residents opposed, the tax payors' funds that have been spent on attorneys fees and inquired why the City is now appealing the Court's decision knowing the County will oppose the project and requested the Council drop the appeal and the project. Carolyn Arndt Carolyn Arndt, West Covina resident, addressed her comments regarding Planning Commissioners' review of items at a previous meeting and her restored confidence during the June meeting she also attended. She encouraged residents to get involved. John Shewmaker John Shewmaker, West Covina resident, inquired about Community Services' Dial -A -Ride program; information in Discover article regarding the appeal of the Civic Center Project and elimination of the Redevelopment Agency (RDA); and posed additional questions about the City's budget cuts in relation to the elimination' of the RDA; and commented on Athens' Clean -Up Saturdays program. .Lloyd Johnson Lloyd - Johnson, West Covina resident, addressed Item #10 encouraging Council' to approve the cooperative agreement with L.A. County to improve the traffic signal at the intersection of Badillo Street and Orange Avenue;. requested information on upper management pay cuts due to budget constraints; inquired of redevelopment staffing; whether former Councilmember Michael Touhey is being paid for representing the City on the Oversight Board despite a possible. conflict of interest due to his being on the Water Board; and; requested a response in writing on how much has been spent to date on the Ziad Alhassen lawsuit. Birdie Azpeitia Birdie Azpeitia, West Covina resident, spoke in support of Item #10 to improve the intersection of Badillo Street and Orange Avenue'. 2. City Council Minutes of June 18, 201.3 Jeanette Heitniann Jeanette Heitmann, West Covina resident, provided information on the Service Center for Independent Living outlining the services available to the elderly and the community. Donna Lee CONSENT CALENDAR 1) Minutes 2) Summary of Actions Donna Lee, Southern California Edison, addressed a resource manual on Emergency Information and a Field Guide distributed to Council and offered to answer any questions. Mayor Sanderson referred speakers' questions to staff for follow UP. Approval of Meeting Minutes (receive & file) Regular Council Meeting Minutes of May 7, 2013 Commission Summary of Actions Planning Commission — June 11, 2013 Ordinances for Adoption 3) Code Amendment No. 13-01 Pylon Signs Code Amendment Pylon (Freestanding) Signs General Exemption Recommendation is that the City Council adopt the following ordinance: Ordinance No. 2246 ORDINANCE NO. 2246 AN .ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO PYLON SIGNS FOR COMMERCIAL USES Ordinance for Adoption Code Amendment No. 13-02 4) Vehicle Sales Vehicle Sales Code Amendment General Exemption Recommendation is that the City Council adopt the following ordinance: Ordinance No. 2247 ORDINANCE, NO. 2247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO VEHICLES SALES The following item was removed from the . Agenda to a future meeting. Community Services Department Award of Bid 5) Award of Bid for City of West Covina Fixed Route and Dial -A - Dial -A -Ride Ride Transit Service Recommendation is that the City Council: 1. Accept the bid of MV Transportation, Inc. in the amount $5,060,339 (cumulative) for a five-year period commencing on August 1, 2013; 2. Authorize an increase in fares to utilize the Fixed Route and Dial -A -Ride services from 50 cents to $1.00 for one-way travel, beginning on August 1, 2013; 3. Authorize the City Manager, to negotiate the final terms for the transit service agreement with MV Transportation, Inc.; and 4. Authorize the City Manager and City Clerk to execute a transit service agreement for the services outlined in the Request for Proposals.. 3 City Council Minutes of June 18, 2013 6) Appropriations Limit Resolution No. 2013-38 7) 2013 BJA Justice Assistance Grant Finance Department Appropriations Limit for Fiscal Year 2013-2014 Recommendation_ is that the City Council adopt the following resolution: RESOLUTION NO. 2013-38 -'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30,.2014 Police Department 2013 BJA Justice Assistance Grant Recommendation .is that the City Council approve the 2013 BJA Justice Assistance Grant and, authorize the appropriation of an estimated $23,168 for future grant purchases, as follows: • $5,000 into 130.31.3112.5113 for supplemental overtime for enforcement • $11,168 into 130.31.3112.6220 for law enforcement supplies • $7,000 into 130.31.3112.6215 for police computer supplies Public Works 8) West.Covina Landscape Maintenance District No. 1 LMD No. 1 Setting of 2013-2014 Assessment Rate Recommendation is that the City � Council adopt the following resolution, 'which provides for the assessment rates to be maintained at their current rate of 11.88 cents per 100 dollars of assessed valuation. Resolution No. 2013-39 RESOLUTION NO. 2013739 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ASSESSMENT FOR THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FIXING THE TAX RATE FOR: SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2013 9) West Covina Landscape Maintenance District No. 2 .LMD No. l Setting of 2013-2014 Assessment Rate Recommendation is that the City Council adopt the following resolution, which provides for the assessment rates to be increased by 2.0%, from. 6.30 cents to 6.43 per 100 dollars of assessed valuation. Resolution No. 2013-40 RESOLUTION NO. 2013-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ASSESSMENT FOR THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2013 10) Co -Operative Agreement With the County of Los Angeles to Co -Operative Agreement — Modify the Traffic. Signal at the Intersection of Badillo Street and Badillo & Orange Signal Orange Avenue Improvements (City No. TP-13502 Recommendation is that the City Council authorize the Public Works Director/City Engineer to execute a Co -Operative Agreement with the County of Los Angeles to modify the traffic signal at the intersection of Badillo Street and Orange Avenue 11)' Municipal NPDES Permit Compliance NPDES Permit Compliance Recommendation is that the City. Council take the following actions: rd i City Council Minutes of June 18, 2013 1.Authorize the Public Works Director/City Engineer to sign and submit a Notice of Intent (NOI) to the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) by June 28, 2013, committing the City of West Covina to an Individual Watershed Management Plan (I-WMP). 2. Contract with the City's consultant, TECS Environmental, which serves other cities in the region, and who has provided a cost estimate of $60,000 to prepare an I-WMP. CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sotelo to approve all items listed on the Consent Calendar as presented except Item #5 Award of Bid for City of West Covina Fixed Route and Dial -A -Ride Transit Service to be held over. to a future meeting. Motion carried. by 5 — 0. HEARINGS The following item was approved to be continued: Appeal Hearings Appeal of Planning Commission Denial of Subcommittee for Design Review No. 12-03 Categorical Exemption 12) Applicant/Appellant: Leonard Radomskiy Location: Adjacent to Summerplace Village condominium Appeal of Planning Commission complex, at the end of S. Dryden Lane on the east side of the street Denial — S. Dryden Lane (Assessor's Identification Number 8743-002-036) This item is being continued at the request of the appellant, Leonard Radomskiy to the July 16, 2013 Council meeting. Deputy City Attorney Nichols reported that no further notice is required to be given — only the date to which the matter is to be continued. Public Hearings 13) West Covina Citywide Lighting and Maintenance District Citywide Lighting.& MD Mayor Sanderson announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Sanderson then proceeded to open the hearing and Public Works Director Shannon Yauchzee gave a brief summary of the matter explaining that this District was formed and voter approved in 1997 and includes a consumer price index (CPI) increase not to exceed 2%. The District is responsible for the maintenance of street trees and lighting citywide. He reported that this fiscal year, a 2% increase is necessary to avoid depletion of the reserves and inadequate funding to meet the cash flow, which will then affect the General Fund. Staff is recommending a 2% increase to continue to build the reserves and help cover cash flow for the future. He then offered to answer questions. Assistant City Clerk Rush verified that no written comments or objections had been received. Open testimony Mayor . Sanderson proceeded to open the public testimony portion of the hearing and called for public comment. Closed testimony There being no one wishing to address Council, Mayor Sanderson closed the public comment portion of the hearing. Motion Motion by McIntyre and seconded by Herfert to adopt the following resolution:. Resolution No. 2013-41 .RESOLUTION NO. 2013-41 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST, COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND 5 City Council Minutes of June 18, 2011 ASSESSMENTS 'CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER STREET TREES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEARS BEGINNING JULY 1, 2013, Motion carried by 5 — 0 . Public Hearing 14) West Covina Citywide Sewer Service Charge Sewer Service Charge Mayor Sanderson announced the hearing matter and Assistant City Clerk, Rush .verified that proper legal notice had been given. Mayor Sanderson. then proceeded to open the hearing and Public Works Director Yauchzee gave a brief presentation reporting that. the sewer assessment pays for the maintenance and operation of the city's sewer system, compliance with regulations of the Federal Clean Water Act, and future sewer repairs and replacements. He stated that staff is recommending a 2.2% increase this year to cover future cash flow and avoid depleting the city's reserves. In addition, it is recommended to collect fees on the County tax bill which is the most efficient method of collection or it would cost the city $20,000 $25,000 for mailing and collection. He then offered to answer questions. Assistant City Clerk Rush verified that no written comments or objections had been received. Open testimony Mayor Sanderson proceeded to open the public testimony portion of the hearing and called for public comment. Close testimony There being no one wishing to address Council, Mayor Sanderson closed the public comment portion of the hearing. Motion Motion by Sykes and seconded by Herfert to approve staff s recommendation of a 2.2% rate increase for the Fiscal Year 2013- 2014 and adopt the following resolution: Resolution No. 2013-42 RESOLUTION NO. 2013-42 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE RATE AND AUTHORIZING THE COLLECTION OF THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL Motion carried by 5 - 0. 15) FY 2013-2014 Community Development Block Grant (CDBG) CDBG Public Services Public Service Project Funding Mayor Sanderson announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Sanderson then proceeded to 'open the hearing and Community Services Management Analyst Kelly McDonald gave a summary, of the report, stating that this hearing concerns the allocations for FY 2013-2014 CDBG funding for public services from the US Department of Housing and Urban Development's Annual Grant to the City totaling $822,867, which is a 6.9% decrease from the previous year. City Council approved the FY 2013-2014 Action plan that included funding for public services to the maximum ,allowable level. McDonald also outlined the allocation process for public service providers and informed the Council that staff is recommending the approval of fifteen percent of the grant and program income, totaling $161,366, for FY 2013- 2014. He then offered to answer questions. 6 City Council Minutes of June 18, 2013 Open testimony Mayor Sanderson proceeded to open the public testimony portion of the hearing and called for public comment. Close testimony There being no one wishing to address Council, Mayor Sanderson then closed the public testimony portion of the hearing. Motion Motion by Herfert and . seconded by Sotelo to approve the following funding allocations: Applicant/Project Recommendation 1. Domestic Violence Victim Advocate* $ 20,000 2. Careship * 22,000 3. Youth Assistance Program * 5,000 4. Senior Meals Program* 60,000 5. Housing Rights Center 10,000 6. Action Food Pantry 6,561 7. ESGV Coalition for the Homeless 6,561 8. Cory's Kitchen 5,000 9. SGV YWCA — Meals on Wheels 5,000 10. SGV YWCA — Senior Citizens Assistance Program 10,061 11. Assistance League of Covina Valley 2,000 12. Love Inc 3,061 13. Project 29:11 4,561 Total $ 161,366 * City Projects Motion carried by 5 - 0. Public Hearing 16) Public Hearing Regarding West Covina Auto Plaza Business Auto Plaza Report Improvement District 2013-2014 Annual Report and Assessment Mayor Sanderson announced the hearing matter and Assistant City Clerk verified that proper legal notice had been given and that the affidavit of publication was on file. Mayor Sanderson then proceeded to open the hearing and CDC Project Manager Paulina Morales reported that the purpose of this item is to confirm the Auto Plaza Business Improvement District (BID) Annual Report and set direct assessments that will be placed on the L.A. County tax rolls for the coming fiscal year. On May 2, 2013, the West Covina Auto Plaza Business Improvement. District Advisory Board met and approved the Annual Budget of $42,150 which included normal expenses such as utilities, landscaping and maintenance of the electronic reader board. The Board set next year's assessment at $2,000 for each of the six owners within the district. Ms. Morales then offered to answer questions. Assistant City Clerk Rush verified that no written communications regarding the West Covina Auto Plaza BID FY 2013-2014 and Assessment were received. Open testimony Mayor Sanderson proceeded to open the public testimony portion of the hearing and called for public comment. Close testimony There being no one wishing to address Council, Mayor Sanderson closed the public testimony portion of the hearing. Motion Motion by McIntyre and seconded by Herfert to adopt the following resolution: 7 City Council Minutes of June 18, 2013 Resolution No. 2013-43 RESOLUTION NO. 2013-43 —'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL REPORT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCALYEAR 2013-2014 Motion carried by 5 — 0. DEPARTMENTAL REGULAR MATTERS Finance Department 17) Budget Adoption Adoption of the City of West Covina Fiscal Year 2013-14 Operating and Capital Improvement Program Budget City Manager Chris Chung announced the item and credited new Finance Director Nita McKay with a timely Budget. Ms. McKay presented the -report itemizing each attachment on the staff report. In addition, a PowerPoint presentation was displayed which a identified an overview of General Fund revenues and expenditures and their projections and the organizational chart detailing cuts in staffing by reorganization of departments to attain savings. Also outlined were financing plans for, fire equipment, a' summary of the Capital Improvement Program, Fund balance increases, the impact of the elimination of redevelopment agencies and the State Department of Finance's demand to return scheduled payments for outstanding debt to the City by the redevelopment agency, consideration of caps on retiree medical benefits, and recommendation for a financial sustainability/emergency reserve through a formal policy to protect .the City during periods of economic downturn or other unanticipated or emergency expenditures. Also highlighted were future plans for a mid -year review of the budget, looking into increasing. revenues and reducing costs through review of fee and charge fees, and line item service fee increases. She then offered to answer any questions. Council discussion Mayor Pro Tern Herfert thanked Finance Director McKay on her presentation of the budget and reported that new businesses are opening in the City every month; spoke on the progress accomplished so far and the effort to focus on financial stability and the importance of implementing a reserve policy. Councilmembers Sotelo, McIntyre, and Sykes expressed their gratitude to staff for an easy to understand presentation of the Budget report and for their efforts to do more with less, for their foresight and good planning in order to sustain the City through this difficult economy and move forward despite the State's takeaways and without diminishing service to the residents. Motion Motion by •Herfert and seconded by Sykes to adopt the following resolution adopting the FY 2013-1.4 Operating and Capital Improvement Program Budget: Resolution No. 2013-44 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE -'CITY OF WEST COVINA; COMMUNITY DEVELOPMENT COMMISSION; SUCCESSOR AGENCY; WEST COVINA COMMUNITY SERVICES FOUNDATION, INCORPORATED; CAPITAL IMPROVEMENT PROGRAM; AND LOCAL ENFORCEMENT AGENCY OPERATING BUDGETS AND APPROVING THE APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING. JULY 1, 2013 AND ENDING JUNE 30, 2014 Motion carried by 5 — 0. 8 City Council Minutes of June 18, 2013 . CITY COUNCIL COMMENTS Councilmember Sykes addressed live cable and internet access to City Council meetings and requested looking into. re -implementing cable access. Mayor Sanderson reported on a new business in the City and encouraged all to support the City's small business community. ADJOURNMENT Motion Herfert and seconded by Sykes to adjourn the meeting at 8:22 p.m.. Motion carried by 5 — 0. Submitted by: Mayor Sllley Sanderson 0J