Loading...
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