09-17-2013 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
September 17, 2013
Mayor Pro Tern Herfert 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 and requested a moment of
silence in.rec.ognition of the tragedy at the Naval Base in Washington D.C.
INVOCATION Reverend Susan Oeffler
West Covina United Methodist Church
PLEDGE OF ALLEGIANCE Councilmember Andrew McIntyre
ROLL CALL Mayor Pro Tern Herfert,
Councilmembers McIntyre, Sotelo, Sykes
Absent: Mayor Sanderson
REPORTING OUT FROM CLOSED •SESSION
Deputy City Attorney Cardinale reported the following:
Deputy City Attorney announced that the special meeting
closed session convened at 6:40 p.m. and 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 except Mayor Shelley
Sanderson.
Items on the City Council agenda:
Conference with Real Property Negotiators — 2400 S.
` Azusa Avenue — Deputy City Attorney. Cardinale conveyed that a
report was provided by staff with no reportable action taken; an
update was provided by staff and he also noted that this matter is
agendized as Item No. 5 on tonight's agenda for discussion.
CHANGES TO THE AGENDA City Manager Chung stated there were no changes to the Agenda,
however, he reported, that Mayor Sanderson informed him that at
the Council's discretion, Agenda Items 15 and 16 on tonight's
agenda may be heard by the Council.
Mayor Pro Tern Herfert announced that due to the
numerous residents attending to hear Item # 14, that Item will be
moved to be heard after Oral Communications.
PRESENTATIONS Mayor Pro Tern Herfert called.forward Cheryl Miller, Director of
Action Food Pantry, who presented the City with a Certificate of .
Recognition in appreciation of the. City's continued support of
Action Food Pantry.
Mayor Pro Tern Herfert, assisted by Public Works Director
Shannon Yauchzee, presented Mike Wallich with a Resolution of
Commendation and City Tile for his 29 years of service with the
City.
Mayor Pro Tern Herfert called forward Robert Bryant, Owner of
Flowers by Robert Taylor and ,presented him with a Certificate of
Recognition for serving the community for 50 years.
ORAL COMMUNICATIONS
John Hughes John Hughes, West Covina resident, presented Mayor Pro Tern
Herfert, Community Services. Director Chris Freeland, and
Marlene Siu with certificates of recognition for their support with
the MDA fundraiser during the 4th of July event.
City Council Minutes of September 17, 2013
Herb Redholtz Herb Redholtz, West Covina resident, congratulated Mr. Hughes
for his work with MDA; expressed support of Item #8 opposing
City of Los Angeles. from issuing a, beverage license to a local
store; expressed concerns of recent court action against Mr. Ziad
Alhassen and his ability to re -bid on properties and inquired of the
next steps for the City.
In response to speaker's comments, Deputy City Attorney
Cardinale stated the case is ongoing litigation and cautioned the
Council when commenting on this matter on any information
learned in Closed Session or, based on client -attorney
communications.
Due to the number of speaker cards submitted, Mayor Pro
Tern Herfert inquired. and was informed by counsel that the
Council could motion to move Item # 14 forward — Request , from
Councilmember Robert Sotello — Orangewood Park Soccer
Complex'- in order to accommodate the children and their families
in attendance for the item.
Motion Motion by Herfert and seconded by McIntyre to bring forward
Item # 14 = Councilmember Robert Sotelo — Request from
Councilmember. Robert Sotelo — Orangewood Park Soccer
Complex — and to hear Oral Communication on this matter, take
any necessary action on the item and then continue with Oral
Communications. Motion carried 4 — 0.
ORAL COMMUNICATIONS — SOCCER FIELD
Jim Solis Jim Solis, West Covina resident, expressed his support for a
permanent soccer field for participants.
Jose Jimenez Jose Jimenez, West Covina resident, also expressed his support for
a permanent soccer field for participants.
Maria Contreras Maria Contreras, West Covina resident, expressed her support for a
permanent soccer field for participants.
Andrea Zapata Andrea Zapata, West Covina resident and soccer player, state she
is looking forward to their own soccer field.
Elsie Messman Elsie Messman, West Covina resident, expressed concerns with the
delay with the development of the soccer fields and lack of
funding.
John Shewmaker John Shewmaker, West Covina resident, stated his concerns with
the lack of funding for soccer fields over the past decade in spite of
the availability of past reserves.
Councilmember Sotelo responded to speaker's comments.
Alyssa Solis Alyssa Solis, West Covina resident, asked for Council's support to
provide soccer fields for participants whose numbers continue to
grow.
Art Ballin Art Ballin, West Covina resident, thanked Council and staff for the
efforts made on behalf of the soccer participants and -expressed
hope that the project would move forward.
Shirley Buchanan Shirley Buchanan, West Covina resident, spoke in support of the
soccer field project.
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City Council Minutes of September 17, 2013
Remaining Oral Communications to continue after Item 14
The following Item 914 was moved forward for separate
discussion.
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMEMBER ROBERT SOTELO
14) Orangewood Park Soccer Complex
Soccer Complex Community Services Director Chris Freeland gave a detailed
report starting with the approval of the Orangewood Park Master
Plan Amendment No. 4 in 2008 to renovate the park to
accommodate the soccer field complex.
A PowerPoint presentation was provided detailing the three
phases to construct the fields and the complex and the cost of each
phase. Freeland explained. how, the project would be funded
through Park Dedication Fees generated from any new housing
projects in West Covina. He also covered how any cost saving
measures available will be considered and incorporated at the
appropriate time. In addition, he outlined the projected steps to be
taken as the funding becomes available to begin and complete the
construction,of the Orangewood Soccer Complex and then offered
to answer questions..
Councilmember Sotelo inquired about the current funding
- available in the account for Park .Dedication funds and Freeland
provided an estimate of projected funds. Public Works Director
Shannon Yauchzee explained how the park dedication fees are
generated and collected.
Freeland explained that the Park Dedication Fees are
dedicated solely to fund capital improvements at City parks and
may not be used for anything else.
Councilmembers expressed their support for the project.
Motion Motion by Sotelo and seconded by McIntyre to approve the
following:
1. Approve the three phase Orangewood Park Soccer Complex
development in concept;
2. Instruct City, staff to prepare a Request for Proposals to hire a
consultant to design the proposed soccer complex (Phase I -III);
and,
3. Authorize City staff to begin Phase I (Soccer Fields)
development once' a sufficient amount of Park Development
Funds are deposited into the account.
Motion carried by 4 — 0. .
Recess Mayor Pro Tem Herfert recessed the Council meeting at 8:06 p.m.
Mayor Pro Tem Herfert reconvened the City Council 'meeting at
8:12 p.m. with all members present except Mayor Sanderson.
ORAL COMMUNICATIONS (continued)
Carolyn Arndt Carolyn Arndt, West Covina resident, stated the West Covina
Improvement Association is facilitating an opportunity on
September 201" at 6:30 p.m. for all nine .City Council candidates to
express their vision for the City at Brunswick Bowling Lanes.
Sheena Heng Sheena Heng, West Covina resident, addressed a proposed cell
tower at the corner of Barranca and Cameron which her neighbors
and she.are protesting.
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City Council Minutes of September 17, 2013
Philip Moreno Philip Moreno, West Covina resident, inquired into financial
aspects of the recent auction of Ziad Alhassen's former properties
and requested a written response to his questions.
Stephen Box . Stephen Box, Covina resident, requested assistance with concerns
regarding service provided by Foothill Transit calling for the
Council to develop a resolution calling on Foothill Transit to
develop protocol for the collection and dissemination of data to see
how they're performing; call for an office of Public
Accountability; and, establish a. position "The Independent
Passengers Advocate".
Pat Klemz Pat Klemz, League of Women Voters, requested to hold a
candidate forum on October 2 for the upcoming election and
requested a fee waiver.
City Manager Chung responded explaining the process of a
fee waiver.
Dana Sykes Dana Sykes, West Covina resident, spoke in. support of the
peoples' right to vote and that elected officials support the best
interests of the people.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed the upcoming
Candidates' debate on October 2.
Trudy Saltmarsh Trudy Saltmarsh, West Covina resident, addressed crime in her
neighborhood and expressed support of Agenda Item # 15 and $16;
and addressed concern over bank -owned properties that are not
being maintained.
Lenore Carbajal Lenore Carbajal, West Covina resident, addressed concerns with
the paseo behind Woodgate Drive and requested additional
lighting.
Irene Gomez Irene Gomez, West Covina resident, addressed concerns with
paseo behind Woodgate Drive and the need for additional lighting
and no trespassing signs.
Lola Finley Lola Finley, West Covina resident, .spoke in support of Agenda
Item # 15 & 16 supporting a rental ordinance and requested to view
a draft of the ordinance.
Phil Kaufman Phil Kaufman, West Covina resident, addressed concerns of gun
control in the aftermath of the tragedy at the Navy Yard in
Washington D.C.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed a component of
the Brown Act regarding the ability of speakers to address
individual councilmembers directly rather than through the Chair
during Oral Communications.
Ray, Hernandez Ray Hernandez, West Covina resident, , expressed his
dissatisfaction with the broadcasting of City Council meetings.
Irene Fleck Irene Fleck, West Covina resident, promoted events at the West
Covina Library.
CONSENT CALENDAR
1) Approval of Meeting Minutes (receive & file)
Minutes Special City Council. Meeting Minutes of July 16, 2013
Regular City Council Meeting Minutes of July 16, 2013
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City Council Minutes of September 17, 2013
2) Commission Summary of Actions (receive & file)
Commission Summaries Planning Commission — September 10, 2013
Claims Against the City
3) Government Tort Claim Denials (deny & notify claimant)
Clainis.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.
• Lorenzo. Diaz, a minor by his Guardian Ad Litem, Angela Diaz
vs. City of West Covina
• Antonio Diaz, a minor by his Guardian Ad Litem, Angela Diaz
vs. City of. West Covina
• Raul Valverde Jr. vs. City of West Covina
• Kevin Kito vs. City of West Covina
• ' Daniel Theodore Clavel vs. City of West Covina
• Tracey Walker-Clavel vs. City of West Covina
4) Traffic Committee Meeting Minutes (accept & file)
Traffic Committee Traffic Committee Meeting Minutes of August 20, 2013
L Request:
City Initiated
That Stop signs be installed on the minor street approaches to
Eveningside Drive.
Traffic Committee Recommendations:
That Stop signs and pavement markings be installed on westbound
and eastbound ..approaches of Peppertree Circle and Brooktree
Circle. .
IL Request:
Juan Diaz, West- Covina Resident
That a "Keep Clear" pavement message and 12-inch wide solid
white stripes be installed on northbound Azusa Avenue at the most
northerly drive of the Brookhollow Apartments, 2600 South Azusa
Avenue.
Traffic Committee Recommendations:
That a "Keep Clear" pavement message and 12-inch wide solid
white stripes be installed on northbound Azusa Avenue at the most
northerly drive of the Brookhollow Apartments, 2600 South Azusa
Avenue.
That R10-7 "Do Not Block Intersection" signs be installed.
III. Request..
Cottage Development, Developer of 131 No. Lang Avenue
That a multi -way stop be installed• at the intersection of Lang
Avenue and Harbert Street.
Traffic Committee Recommendations:
That a multi -way -stop be, installed at the intersection of Lang
Avenue and Harbert Street.
That a crosswalk be installed on Lang Avenue south of Harbert
Avenue and on Harbert Avenue east of Lang Avenue.
That No Pedestrian Crossing.(R9-3) and Use Crosswalk (R9-3b)
signs be installed on west and east sides of Lang Avenue north of
Harbert Avenue.
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City Council Minutes of September 17, 2013
IV Request:
Don Petrovich, West -Covina Resident -
That traffic conditions be reviewed . on Ellen Drive between
Eckerman Avenue and Carlton Avenue.
Traffic Committee Recommendations:
That a painted centerline with raised reflective. markers be
installed at the intersections of Eckerman Avenue and Ellen Drive
and Carlton Avenue and Ellen Drive.
That advance curve warning signs (wl-1) be installed on
Eckerman Avenue and Carlton Avenue.
V. Request:
Myron Lewis, West Covina Resident
That stop signs be installed on the alley approaches to Grovecenter
Avenue and Badillo Street.
Traffic Committee Recommendation:
That stop signs and pavement marking be installed on the alleys at
Grovecenter Avenue and Badillo Street.
City Manager's Office
BKK Radio Tower Lease Agreement with Mount San Antonio
5) College
Radio Tower Lease, Recommendation is that the City .Council approve the lease
agreement with Mount San Antonio College to rent space on the
BKK Radio Tower.
Fire Department
6) Ambulance - Award of Purchase
Ambulance Award of Purchase Recommendation is that the City Council take the following
actions:
1. In accordance with the Municipal Code Chapter 2, Article V1I,
Division 2, Seca 2-333 (i) (2), find that Huntington Beach Fire
Department Request Quote (RFQ) # 12-0910 for the purchase
of an ambulance satisfies West Covina's bid process, and
authorize the Finance and Administration Services Department
to enter into a 60-month financing agreement with First
Municipal Leasing Corporation for the purchase of two (2)
dodge 4500 4X2 Chassis with Type-1 Modular Box
ambulances.
2. Appropriate the funds in the amount of $75,470.72 annual
payment from Fiscal Year 2013-2014, fire Department
Operating budget account numbers 110.32.3210.6438 and
110.32.3210.6439, and the subsequent four years for a total
purchase of $377,353.60 which includes sales tax, interest/fees,
and delivery.
Police Department
Asset Forfeiture Funds for Mobile Command Vehicle, Overtime,
7) and Supplies
Asset Forfeiture Funds Recommendation is that the City Council:
1. Appropriate a total of $1,085,000 in federal asset forfeiture
funds from the fund balance of Fund 117, as. follows:
- $75.0,000 into', 117.31.3120.5113 for supplemental,
unbudgeted overtime for staffing shortages,
neighborhood crime responses, targeted enforcement, and
emergency SWAT deployments.
- $230,000 into 117.31.3120.7170 to partially fund the
purchase of a new mobile command vehicle. Other
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City Council Minutes of September .17, 2013
previously appropriated funding, including asset
forfeiture vehicle funds totaling $200,000 in Fund 117,
Supplemental Law Enforcement. Services Fund (SLESF)
grant funds totaling $100,000 i8n Fund 155, and donation
funds received from. the Castucci Foundation totaling
$50,000 in fund 220, can fund the remainder of this
vehicle purchase, including taxes and fees.
$105,000 into 117.31.3120.6999 for police equipment
including vehicle mounted items, interoperable
communications radios and accessories, and tactical
enforcement and protective gear.
2. In accordance with Municipal Code Chapter 2, Article VII,
Division 2,- Sec. 2-333 (i) (2), find that the GAS pricing
contract #COM-FLCC39 for the. 39' self propelled mobile
command center satisfies Wet . Covina's bid process, and
authorize the purchase of a specified vehicle including
customizations and omissions specific to the West Covina
Police Department, directly from Mobile Specialty Vehicles of
Jasper, TX, for $32,850 plus applicable California taxes,
licenses, and registration fees, from the accounts referenced
above.
3. In accordance with Municipal Code Chapter 2, Article VII,
Division 2, Sec. 2-333 (i) (2), find that the Los Angeles County
contract pricing MA-IS-18105 for interoperable radio items
satisfies West Covina's, bid process, and authorize the direct
purchase of six (6) radios with accessories (5 equipped APX
dual band radios and 1 equipped CDM 1250 unit) for the
mobile command vehicle from Motorola (through their
authorized regional distributor, Advanced Electronics), totaling
$38,006.30, from account 117.3 1.3 120.6999.
8) Resolution Opposing the County of Los Angeles from Issuing an
Opposed to Alcoholic Beverage Off -Sale Alcoholic Beverage License to the Convenience Store
License Located at Valinda and Maplegrove.
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2013-59 RESOLUTION NO. 2013-59- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
OPPOSING THE COUNTY OF LOS ANGELES FROM ISSUING
AN OFF -SALE ALCOHOLIC BEVERAGE LICENSE TO THE
CONVENIENCE STORE LOCATED AT VALINDA AND
MAPLEGROVE
gy East San' Gabriel Valley Interagency Communications
Interagency Communications InteroperabilitySystem (ICIS)
Interoperability System (ICIS) Recommendation is' that the City Council take the following
actions:
1. Adopt the following resolution authorizing the City of West
Covina's participation in, East San Gabriel Valley Regional
Communications Network, and authorizing the Mayor of the
City of West Covina to execute.related agreements:
Resolution No. 2013-60 RESOLUTION NO. 2013-60 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE CITY OF WEST COVINA'S
PARTICIPATING IN THE EAST SAN GABRIEL VALLEY
REGIONAL 'COMMUNICATIONS NETWORK; AND
AUTHORIZING THE MAYOR TO EXECUTE NECESSARY
AGREEMENTS
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City Council Minutes of September 17, 2013
Public Works Department
10) Authorization for the Public Works Director to Approve
Director Authorized to Sign Applications and Other Necessary Documents for Grant Funded
Public Works Projects
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2013-61 RESOLUTION NO. 2013-61- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE PUBLIC. WORKS DIRECTOR TO
APPROVE APPLICATIONS AND OTHER NECESSARY
DOCUMENTS FOR GRANT FUNDED PUBLIC WORKS
PROJECTS COMMENCING WITH FISCAL YEAR 2013-2014
TO AND INCLUDING THE FISCAL YEAR 2017-2018
Finance and Administrative Services Department
11) Fiscal Year 2013-14 Investment Policy
Investment Policy Recommendation is that the City Council adopt the City's
Investment Policy for Fiscal Year 2013-13 incorporating all
proposed revisions.
12)
Crosswalk at Sunset at Rowland
Councilmember/Commissioner Reports
MAYOR PRO AM STEVE HERFERT
Safety Enhancement for the Crosswalk on Sunset Avenue at
Rowland Avenue
Recommendation is " that the City Council adopt the City's
Investment. Policy for Fiscal Year 2013-14 incorporating all
proposed revisions.
CONSENT CALENDAR ACTION Motion by Sotelo and seconded by Sykes to approve all items
listed on the Consent Calendar as presented.
Motion carried by 4 — 0.
PUBLIC HEARINGS
13)
Fee. & Charge
Open testimony
Close testimony
Motion
Public Hearing
Fees and Charges
Mayor Pro Tern Herfert announced the hearing matter and
Assistant City Clerk Rush verified that proper legal notice had
been given. Mayor Pro Tern Herfert then proceeded to open the
hearing and -Finance and Administrative Services Director McKay
provided a staff report briefly explaining that the purpose of this
hearing is to adopt changes to the City's Fee & Charge Schedule.
McKay proceeded to highlight the.Fee Schedule pointing
out proposed fee increases in CDC, Building, Public Safety, Police
and Fire, Community Services, and Finance/Administrative
Services. These increases are intended to recoup costs and will
take effect on October 1,-2013 except for the fees for Dial -a -Ride
and Go West Covina which will take effect on January 6, 2014.
She then offered to answer questions.
Mayor Pro Tern Herfert proceeded to open the public comment
portion of the hearing and called for public comments.
There being no one. wishing to address Council, Mayor Pro Tem
Herfert closed the public testimony portion of the hearing.
Motion by McIntyre and seconded by Sotelo to adopt the following
resolution:
Assistant City Clerk Rush presented:
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City Council Minutes of September 17, 2013
Resolution No. 2013-62 RESOLUTION NO. 2013-62 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING AND INCREASING CERTAIN FEES AND
CHARGES
Motion carried by 4 — 0.
SUCCESSOR AGENCY Mayor Pro Tem Herfert recessed the City Council meeting at 9:08
p.m. to convene the Successor Agency meeting.
The City Council reconvened at 9:09 p.m. with all members
present except Mayor Sanderson.
MAYOR/COUNCILMEMBERS REPORTS
Councilmember Robert Sotelo
14) Request from Councilmember Robert Sotelo
Orangewood Park Soccer. Complex Orangewood Park Soccer Complex
This item was discussed earlier in the evening during Oral
Communications to allow the families and children to go home
early.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
Mayor Shelley Sanderson
Request from Mayor Shelley Sanderson Seeking the City
Council's Support to Instruct City Staff to Prepare a Report on
15) Security measures for the Paseo behind the 1800 Block of
Paseos at Woodgate Drive Woodgate Drive
Mayor Pro Tem Herfert introduced the item and asked, and
received, Council's approval to discuss it in Mayor Sanderson's
absence.
Public Works Director Shannon Yauchzee presented a slide
show highlighting improvements that have already been done in
the area.
Motion Motion by Sotelo and seconded by McIntyre to bring back a report
on security measures in the Paseo behind the 1800 Block of
Woodgate Drive.
Motion carried 4 - 0.
Request from Mayor Shelley Sanderson
Seeking the City Council's Support to Draft an Ordinance
15) Modeled after the City of Covina's Rental Housing Permitting and
Rental Housing Ordinance Inspection Program
Mayor Pro Tem Herfert introduced this item as a companion item
to Item 15 above.
Motion Motion by Sotelo and seconded by McIntyre to support an
ordinance on rental housing permitting and inspection
City Manager Chung added that staff is working to provide
an ordinance using Covina's ordinance as a model but tailored to
West Covina's needs.
Councilmember McIntyre requested that care be taken not
to cause any closure of, local merchants businesses through the
process.
Chung stated that only rental housing is being considered.
Mayor Pro Tem Herfert asked that residents and all
relevant city departments be included in the process to ensure
thorough review of the matter.
Chung indicated they would also be reaching out to the
residential property owners for input.
Vote Motion carried 4-0.
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City Council Minutes of September 17, 2013
ADJOURNMENT Motion by McIntyre and seconded by Sotelo to adjourn the
meeting at 9:23 p.m. in memory of the following:
• Nancy Manners, former West Covina City Councilmember
and Mayor
• Mona Clarke, West Covina Police Dept. Records Clerk
• Charlene Casanova, former Community Services Dept.
staff member
• Raymond Lo, West Covina resident
• Ray Gonzales, husband of former Community Services
employee.
Motion carried 4 — 0.
Submitted by:
Assistant City Clerk Susan Rush
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