04-15-2014 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
April 15, 2014
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:10 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Kelly Dupee
Faith Community Church
PLEDGE OF ALLEGIANCE Councilmember Corey Warshaw
ROLL CALL Mayor Herfert, Mayor Pro Tem Sykes,
Councilmembers Spence, Toma, Warshaw
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney Scott Nichols reported the following:
Prior to convening into closed session, all items on the City
Council and the Successor Agency agendas were announced for
inclusion in the closed session discussion with all members
present.
Items on the City Council/Successor Agency agendas:
Conference with Legal Counsel — Existing Litigation — City
of West Covina v. Hassen Imports Partnership, et al.; Los Angeles
Superior Court Case No. KC048157; In re Hassen Imports
Partnership, Debtor, United States Bankruptcy Court Case No.
2:11-bk-42068-ER; In re Hassen Imports Partnership, Debtor,
United States District Court Case No. 2:13-cv-07532-CAS —
Deputy City Attorney Nichols reported that the City
Council/Successor Agency Board received a status report on the
current status of the litigation, upcoming motions and potentials for
settlement strategies discussed by the City Council with Special
Counsel with no reportable action taken.
CHANGES TO THE AGENDA
PRESENTATIONS
ORAL COMMUNICATIONS
John Hughes
No changes.
Mayor Herfert called forward Police Chief Dave Faulkner to
introduce West Covina's newest Police Officer Fred Yielding.
Mayor Herfert and Councilmember Toma called forward Lenore
Moreno to be recognized for her achievements in long distance
running and as the NCAA National Champion.
John Hughes, West
Muscular Dystrophy
Freeland for his help.
Covina resident, announced upcoming
Association events and thanked Chris
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed legal agreements
and whether they are properly signed and their validity; addressed
requirement of the City Attorney.
Elsie Messman Elsie Messman, West Covina resident, addressed parking of tour
buses as listed on the Agenda; addressed monies owed to the City
by Auto dealership owner Ziad Alhassen and associated legal fees
and litigated cases.
City Council Minutes of April 15, 2014
Herb Redholtz Herb Redholtz, West Covina resident, addressed his previous
request before council to replace the City Manager and City
Attorney but now requested to give the City Manager time before
evaluating his performance. However, he feels the City Attorney
should be replaced with the current RFP; addressed the Sage Car
dealership negotiations with Chevrolet and requested the Council
release as many public documents as possible regarding the
negotiations; inquired into the current elected City Clerk's
campaign platform to eliminate the office.
Dave Stewart Dave Stewart, West Covina resident, addressed previous statement
made at the previous Council meeting regarding blighted homes in
the City.
Sheena Heng Sheena Heng, West Covina resident, addressed new cell tower that
is being proposed in her neighborhood and submitted a petition
signed by her neighbors opposing the tower.
John Shewmaker John Shewmaker, West Covina resident, stated he met with the
City Treasurer and Finance Director and discussed monies owed
by the City to the State; addressed legal advice and fees.
John Solis John Solis, West Covina resident, addressed an error in Agenda
Report #5, Consideration of Ordinance and Resolution Rescinding
Project Approvals for Parkside Corporate Center in which West
Covina Improvement Association, a legal organization, is referred
to as West Covina Public Improvement Association and requested
that it so be noted by the City; addressed cell towers, the efforts to
prevent them from being built and that federal law allows them.
Geneva Nixon Geneva Nixon, West Covina resident, invited all to the Arbor Day
and Earth Day celebration on April 26, 2014 at 11 AM at City Hall
during which a pink trumpet tree will be planted in honor of Nancy
Manners and another tree dedicated to the City's 90th Birthday.
Colleen Rozatti Colleen Rozatti, West Covina resident and West Covina Beautiful
president, addressed upcoming West Covina Beautiful events
including Arbor Day, the Annual Fashion Show, Police Breakfast
at the Elks on May 18 at 7:30 a.m. — 11:00 a.m.
Royall Brown Royall Brown, West Covina resident, addressed Agenda Item 11
Televising of City Council Meetings on Cable Television
addressing the need for this media for public access to Council
meetings.
Mayor Herfert commented on the Ordinance text "West Covina
Improvement Association" and the cell tower matter.
City Manager Chung stated the wording in the ordinance
would be corrected by removing "Public" from West Covina
Public Improvement Association and corrected to read West
Covina Improvement Association.
CONSENT CALENDAR Mayor Herfert requested that Item No. 5 — Consideration of
Ordinance and Resolution Rescinding Project Approvals for
Parkside Corporate Center — be pulled to address the speaker's
request.
1) Approval of Meeting Minutes (receive & file)
Minutes Regular City Council Meeting Minutes of March 4, 2014
Commission Summary of Actions (receive & file)
2) Summary of Actions Planning Commission — April 8, 2014
2
City Council Minutes of April 15, 2014
Claims Against the City
3) Government Tort Claim 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.
• Trin Trong Nguyen vs. City of West Covina
• Ana Maria Gochez vs. City of West Covina
• Amelia Hoyo vs. City of West Covina
• Edith Ramirez, Francisco Magana, Katherine Hernandez, Edith
Rose Ramirez & State Farm Insurance vs. City of West Covina
• Angelina Cruz vs. City of West Covina
4) Police Department
Asset Forfeiture Funds Asset Forfeiture Funds for Police Vehicles, Overtime and Supplies
Recommendation is that the City Council take the following
actions:
1. Appropriate a total of $1,131,437 in federal asset forfeiture
funds from the fund balance of Fund 117, as follows:
- $600,000 into 117.31.3120.5113 for supplemental,
unbudgeted overtime for staffing shortages, neighborhood
crime responses, targeted enforcement, and emergency
SWAT deployments;
- $152,037 into 117.31.3120.7170 for three (3) new Ford
Police Interceptor Utility vehicles, including the purchase
price with tax and fees ($111,252), extended service plans
($2,625), extended warranties ($4,140), and
equipment/conversion costs ($34,020) — in total, each fully
equipped vehicle will cost $50,679;
- $81,400 into 117.31.3110.6050 for POST (Peace Officer
Standards & Training) mandated and supplemental law
enforcement and support services training; and travel and
transportation costs needed to obtain a Mine Resistant
Ambush Protected (MRAP) armored vehicle from the
United States Department of Defense;
- $33,000 into 117.31.3110.6120 for multi -agency police
radio interoperability maintenance and service fees, paid
directly to the East San Gabriel Valley Interagency
Communications Interoperability System (Com-Net ICIS);
- $110,000 into 117.31.3110.6220 for less lethal weapons,
tactical items, law enforcement supplies, and protective
gear;
- $34,500 into 117.31.3119.6220 for public safety computer
supply items including computerized stations supporting
the West Covina Service Group's Computer Aided
Dispatch/Records Management System (CAD/RMS).
- $65,600 into 117.31.3119.6272 for public safety computer
software including ongoing licensing security and anti-
virus software, and web domain credentials supporting
WCSG operations;
- $20,000 into 117.31.3119.7130 for public safety computer
equipment including storage arrays, routers, servicers,
3
City Council Minutes of April 15, 2014
switches, and managed/metered power supplies, supporting
WCSG CAD/RMS service;
- $35,000 into 117.31.3130 7170 for the purchase and
equipping of a non -patrol vehicle for the Special
Enforcement Team (SET).
2. In accordance with Municipal Code Chapter 2, Article VII,
Division 2, Sec. 2-333 (i) (2), - see Attachment 1 — find that the
City of Los Angeles' Request for Quotation (RFQ) #EV-3636
for Ford Police Interceptor Utility vehicles satisfies West
Covina's bid process and authorize the purchase of a total of
three (3) vehicles per specifications, directly from Wondries
Fleet Group of Alhambra for a total of $111,252 ($37,084 per
vehicle) including taxes and fees, from account
117.31.3120.7170. Extended service plans ($2,626) and
extended warranties ($4,140) for these three vehicles will also
be purchased from this vendor.
3. In accordance with Municipal Code Chapter 2, Article VII,
Division 2, Sec. 2-330 (b), - see Attachment 1 — authorize a
trade-in and direct purchase of fifty one (51) TASER X26P less
lethal weapons with recording capacity, through TASER's sole
source authorized regional distributor, ProForce Law
Enforcement of Prescott, AZ, totaling $90,208 including
handling and taxes, from account 117.31.3110.6220.
This item was pulled from the Consent Calendar to address a
correction.
Planning Department
5) Consideration of Ordinance and Resolution Project Approvals for
Parkside Corporate Center Parkside Corporate Center
Recommendation is that the City Council:
1. Waive further reading and introduce the following ordinance
rescinding Ordinance No. 2225 (approving Zone Change No.
11-01):
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, REPEALING
ORDINANCE NO. 2225
2. Adopt the following resolution rescinding the project approvals
previously approved by the City Council relating to the
Parkside Corporate Center project:
Resolution No. 2014-12 RESOLUTION NO. 2014-12 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, RESCINDING RESOLUTIONS NO. 2012-2,
2012-3, 2012-4, AND 2012-6, AND A RELATED
DISPOSITION AND DEVELOPMENT AGREEMENT
Public Works
6) Approvals of the Amended Sewer System Management Plan
Sewer System Mgmt. Plan Recommendation is that the City Council authorize the Public
Works Director/City Engineer and City Clerk to approve and
certify the amended Sewer System Management System Plan.
7) Landscape Maintenance District No. 4
Landscape Mtc. District No. 4 Preliminary Approval of the Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
C!
City Council Minutes of April 15, 2014
Resolution No. 2014-13 RESOLUTION NO. 2014-13 — 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 3, 2014 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4
COMMENCING IN FISCAL YEAR 2014-2015 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
8) Landscape Maintenance District No. 6
Landscape Mtc. District No. 6 Preliminary Approval of the Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2014-6 RESOLUTION NO. 2014-14 — 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 3, 2014 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 6
COMMENCING IN FISCAL YEAR 2014-2015 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
9) Landscape Maintenance District No. 7
Landscape Mtc. District No. 7 Preliminary Approval of the Engineer' Report
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2014-15 RESOLUTION NO. 2014-15 — A RESOLUTION OF THE CITY
COUNCIL OF CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 3, 2014 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 7
COMMENCING IN FISCAL YEAR 2014-2015 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
CONSENT CALENDAR ACTION Motion by Warshaw and seconded by Sykes to approve all items
on the Consent Calendar as presented except Item #5
Consideration of an Ordinance and Resolution Rescinding Project
Approvals for Parkside Corporate Center.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Item S Consideration of an Ordinance and Resolution Rescinding
Project Approvals for Parkside Corporate Center
Mayor Herfert stated that all reference to the West Covina
Improvement Association would be corrected on this item
including resolutions and ordinance to exclude the word "public".
Motion Motion by Spence and seconded by Sykes to:
1. Waive further reading and introduce the following ordinance
rescinding Ordinance No. 2225 (approving Zone Change No.
11-01):
E
City Council Minutes of April 15, 2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, REPEALING
ORDINANCE NO. 2225
2. Adopt the following resolution rescinding the project approvals
previously approved by the City Council relating to the
Parkside Corporate Center project:
Resolution No. 2014-12 RESOLUTION NO. 2014-12 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, RESCINDING RESOLUTIONS NO. 2012-2,
2012-3, 2012-4, AND 2012-6, AND A RELATED
DISPOSITION AND DEVELOPMENT AGREEMENT
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
MAYOR/COUNCILMEMBER REPORTS
Mayor Pro Tem Fredrick Sykes
10) Parking of Tour Buses on City and Private Property
Tour Buses Mayor Pro Tern Sykes provided a brief background for his request
to bring back a staff report calling for an ordinance to regulate tour
bus parking to load and unload passengers on City and private
property when it impedes traffic in the congested area of Amar and
Azusa.
Councilmember Spence opposed the request because there
are currently laws on the books to eliminate the issues and he has
not observed an issue in the area.
Councilmember Toma agrees that the City should be
proactive by contacting the tour bus companies on applicable laws
and safety.
Mayor Herfert supported educating the bus companies and
property owners.
Mayor Pro Tern Sykes reiterated his issues supporting an
ordinance.
Motion Motion by Herfert and seconded by Toma to direct staff to educate
the property owners specifically at Amar and Azusa on the tour
buses that are parking on their parking lot and bring back a report
to the Council on the reaction.
Motion failed 3 — 2 by the following Roll Call vote:
AYES: Toma, Herfert
NOES: Spence, Sykes, Warshaw
Motion Motion by Spence and seconded by Herfert to receive and file.
Motion failed 3 — 2 by the following Roll Call vote:
AYES: Spence, Herfert
NOES: Sykes, Toma, Warshaw
Action
No action taken.
Councilmember Corey Warshaw
11) Televising of City Council Meetings on Cable Television
Televising Council Meeting Councilmember Warshaw brought this matter forward to address
speakers' concerns with transparency and asked for a staff report.
Community Services Director Chris Freeland provided a
detailed staff report beginning with the Council's 2008 decision to
eliminate cable broadcasting of Council meetings as a cost -saving
measure and detailed staff s findings in their research to provide
cable TV broadcasting of Council meetings.
on
City Council Minutes of April 15, 2014
Freeland's report included the partnership with Mt SAC by
which the City was able to broadcast City Council meetings and
events and how, with their assistance, it would be possible to do so
again. However, although Mt SAC freely offered to assist the City
and allow use of their main feed line through their system, they
could not make any long term commitment and then the City
would have to provide the line feed at City Hall and incur costs to
install it and work with Verizon and Charter Communications to
provide the cable TV service. This would include necessary
additional staffing paid for by General Funds.
Freeland detailed the options to enhance use with the
current Sire system to provide cable TV broadcasting; the option to
provide live feed that would include additional staffing; and the
current internet broadcasting (status quo). His report included the
detailed costs for each type; information on the current service
providers including satellite TV companies and whether they could
provide service, and information on the PEG fund (Public,
Education and Government) and reinstituting collection of the PEG
fee to pay for any costs.
He then offered to answer questions.
Councilmember Warshaw had questions regarding the main line
feed line and whether PEG funds could be used for that purpose;
question regarding collecting PEG funds through Verizon and
Charter; and, possibly partnering with WCUSD and WC High
School TV production.
Freeland responded to those questions and the need for
additional equipment; the balance in the PEG fund ($257,000), and
WC High School's course on TV production. He also addressed
limitations and concerns of utilizing volunteers and interns.
Councilmember Toma inquired about PEG funds. Freeland
gave a brief summary regarding PEG funds.
Councilmember Spence inquired about the PEG fee on
subscribers and whether it is collected even when customer has no
cable access and stated he supports the low cost option presented.
Mayor Pro Tern Sykes expressed his concern that PEG fees
would affect low income seniors and supported the low cost
option.
Councilmember Toma feels Option #2 is beneficial to the
City in order to take advantage of the PEG funds available.
Motion Motion by Spence and seconded by Sykes to approve Option 1 -
Cable Television with Static Live Feed and No Additional Staffing
for a cost of $7,000. The $7,000 cost will include Color Bar
Generator for an estimate of $2,500, Video Amplifier for an
estimate of $2,000 and a Video Monitor for an estimate of $1,000
and additional equipment and incidentals.
Motion carried 4 — 1 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Herfert
NOES: Warshaw
CITY COUNCIL COMMENTS
Councilmember Spence requested that additional warrants be
posted online.
He requested to look into any costs to do a State conducted
audit of the City and Mayor Herfert asked that the City's current
audit process be included.
Councilmember Spence announced he would be attending
the April 26'h Arbor Day event at Gringrich Park.
7
City Council Minutes of April 15, 2014
City Manager Chung reported that there would be a cost to
redact the previous years' warrant reports due to confidential
content but that current warrants can be posted immediately.
Councilmember Spence reported that at the SGV Mosquito
and Vector Control meeting, So. El Monte was conducting
pesticide aerial spraying. He stated he would keep the City
informed due to his concern over past Malathion sprayings.
Councilmember Warshaw inquired about progress of the
City Attorney RFP and Community Services Director Freeland
provided an update on the City Attorney RFP process.
ADJOURNMENT Motion by Warshaw and seconded by Herfert to adjourn the
meeting at 8:35 p.m.. Motion carried 5 — 0 by the following Roll
Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Submitted by:
ssistant City.lClerk Susan Rush
8