05-06-2014 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
May 06, 2014
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:08 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Pastor Grace Wabuki
Faith Community Church
Councilmember Mike Spence
Mayor Herfert, Mayor Pro Tern Sykes,
Councilmembers Spence, Toma, Warshaw
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney 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 brief explanation of
the status of the cases with no reportable action taken.
Items on the City Council agenda:
Conference with Council — Public Employment — City
Attorney — The City Council met in Closed Session to consider the
public employment of the City Attorney; there was a brief report
by staff with no reportable action.
Conference with Real Property Negotiators — 1340 E.
Puente Avenue — The City Council considered a potential lease for
a cell tower at Palmview Park; staff provided a presentation to the
City Council with no reportable action taken.
Conference with Labor Negotiators - City Negotiators:
Chung, McKay — Confidential Employees, Maintenance & Crafts
Employees, Non -Sworn Safety Support Employees, W. C. Police
Management Association, W.C. Firefighters 'Association, I.A. F. F.,
Local 3226, General Employees, Mid -Management Employees,
W.C. Police Officers Association, W.C. Firefighters' Management
Association — Staff made a brief presentation by the City Manager
and the Human Resources Director with no reportable action taken.
Conference with Legal Counsel — Potential Litigation:
Workers Compensation Claim — Gregory Layton — Special
Workman's Compensation counsel gave a briefing with no
reportable action taken.
Conference with Legal Counsel — Potential Litigation —
Claim by Debbie Dominguez — Nichols reported that this claim was
denied by 4 — 0 — 1 (Herfert not present for this action).
CHANGES TO THE AGENDA City Manager Chung announced that Item SA-1 Approval of
Minutes of the Successor Agency is being pulled off the agenda.
City Council Minutes of May 06, 2014
PRESENTATIONS Mayor Herfert called forward Kristy Yay, member of the Robotics
Alliance of West Covina who gave a presentation. Mayor Herfert
presented the Club with a Certificate of Recognition.
Mayor Herfert presented Romeo Banares, Supervisor at West
Covina Home Depot at the Heights Shopping Center with a
certificate of recognition for their outstanding community services.
Mayor Herfert called forward Armando Marentes, Principal at
Coronado High School to receive a certificate of recognition as the
recipient of recognition by the State of California as a Model
Continuation School.
Mayor Herfert called forward Lisa Ferrante, Public Affairs
Director for the Church of Jesus Christ of Latter Day Saints to
receive a certificate of recognition for their service to the
community. .
ORAL COMMUNICATIONS
Wen Wen Zhang Wen Wen Zhang, West Covina Library Manager, announced
upcoming Library events.
Lola Finley Lola Finley, West Covina resident, spoke on recent neighborhood
watch meetings in her community addressing specific issues at
Amar and Azusa and Woodside Village.
Carolyn Arndt Carolyn Arndt, West Covina resident, distributed information to
the City Council regarding a tourist bureau promoting tourism;
addressed guest houses on properties suggesting time frames be
given to occupants of guest houses.
William Elliot William Elliot, West Covina resident, spoke on rights of citizens to
carry weapons and the Second Amendment.
Joe Gardner Joe Gardner, West Covina resident, spoke in opposition to AB
2715 on the district based election bill currently in the State
legislature.
Royall Brown Royall Brown, West Covina resident, spoke in support of a State
audit.
Lisa Mayo Lisa Mayo, West Covina resident, West Covina Woman's Club,
was able to grant 6 high school scholarships; invitation extended to
Council to TOPS recognition event.
Bobby Reyes Bobby Reyes, West Covina resident, addressed cable TV fees.
Christopher Pantel Christopher Pantel, attorney representing Claimant Debbie
Dominguez, addressed the possibility of settling her claim.
Elsie Messman Elsie Messman, West Covina resident, supported an audit of the
City; addressed funding for audit and City finances.
Phil Moreno Phil Moreno, West Covina resident, addressed the CGM lawsuit
and the legality of agreements; and spoke in support of a City
audit.
John Shewmaker John Shewmaker, West Covina resident, spoke in support of an
audit stating the reasons why.
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City Council Minutes of May 06, 2014
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed the Hassen
Imports Partnership settlement; spoke in support of a forensic audit
of the City.
Mayor Pro Tern Sykes inquired of Chris Freeland regarding the
cable a -la -cart pricing and Freeland responded to his question.
CONSENT CALENDAR Councilmember Spence requested that Item No. 11 — West Covina
Citywide Sewer Service Charge Setting a Public Hearing Date on
the Method of Collection and Fee Increase — be pulled from the
Consent Calendar for separate consideration.
1) Commission Summary of Actions
Summary of Actions Planning Commission — April 22, 2014
Ordinances for Adoption
2) Consideration of Ordinance Rescinding Project Approval for
Parkside Corporate Center Parkside Corporate Center
Recommendation is that the City Council adopt the following
ordinance:
Ordinance No. 2258 ORDINANCE NO. 2258 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
REPEALING ORDINANCE NO. 2225
Award of Bid
3) Award of Bid for Major and Residential Street Rehabilitation
Street Rehabilitation Work Work
Project Nos. (SP-14107 and SP-14108)
Recommendation is that the City Council approve and award the
contract to Gentry Brothers, Inc., in the reduced amount of
$1,051,850.00 and authorize the Mayor and City Clerk to execute
the contract for the residential street rehabilitation work.
Treasurer's Report (receive & file)
4) City Treasurer's Report for the Quarter Ended March 31, 2014
City Treasurer's Report Recommendation is that the City Council receive and file this
report.
Claims Against the City
5) 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.
- Val Detre vs. City of West Covina
- Joseph Salvaggio vs. City of West Covina
- Project Resources Group vs. City of West Covina
City Manager's Office
6) Letter of Support to California Senate Bill 983 (Hernandez) —
Support of Bill 983 Related to Card Lock Fuel Stations
Recommendation is that the City Council take the following
actions:
1. Support California State Senator Dr. Ed Hernandez' Senate
Bill 983 (SB 983), which seeks to change the allocation of
sales tax on card lock fuel stations from the office where the
contract was negotiated to the stations where the fuel is
pumped; and
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City Council Minutes of May 06, 2014
2. Instruct City staff to send a letter of support of Senate Bill 983
to the State representatives that serve the City of West Covina.
Community Services Department
7) Amendment to the City of West Covina's 1992 & 1996 Los
County Safe Neighborhood Parks - Angeles County Proposition "A" Safe Neighborhood Parks -Youth
Youth Employment Plan Employment Plan
Recommendation is that the City Council approve an amendment
to the City of West Covina's 1992 & 1996 Los Angeles County
Proposition "A" Safe Neighborhood Parks — Youth Employment
Plan to include the Walmerado Park Playground Project.
Finance and Administrative Services Department
8) California Department of General Services, Office of
State Administrative Services Administrative Hearings Service Agreement
Agreement Recommendation is that the City Council authorize the Mayor to
execute the California Department of General Services, Office of
Administrative Hearing Services Agreement, in order to allow the
City of West Covina to receive administrative law judge services
for the next five years.
Fire Department
9) Authorization for Fireworks Display
Fireworks Display Approval Pursuant to the West Covina Municipal Code, Section 10-27
(3301.2), it is recommended that the City Council grant the
following fireworks displays.
1. Fireworks display at the Edgewood High School graduation
ceremony to be held on May 28, 2014.
2. Fireworks display at the West Covina High School graduation
ceremony to be held on May 29, 2014.
3. Fireworks display at the City of West Covina Independence
Day Celebration to be held on July 4, 2014, at Edgewood
School.
Public Works
10) Citywide Lighting and Maintenance District
Citywide Lighting District Preliminary Approval of the Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2014-16 RESOLUTION NO. 2014-16 — 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 17, 3014 TO
APPROVE CITYWIDE ASSESSMENTS COMMENCING IN
FISCAL YEAR 2014-2015 TO FUND THE OPERATION AND
MAINTENANCE OF STREET LIGHTS AND STREET TREES
WITHIN THE DISTRICT
This item was pulled from the Consent Calendar for separate
consideration.
11) West Covina Citywide Sewer Service Charge - Setting a Public
Citywide Sewer Service Fee Hearing Date on the Method of Collection and Fee Increase
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2014-17 RESOLUTION NO. 2014-17 — 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
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City Council Minutes of May 06, 2014
17, 2014, FOR A PUBLIC HEARING ON THE METHOD OF
COLLECTION AND FEE INCREASES
CONSENT CALENDAR ACTION Motion by Warshaw and seconded by Sykes to approve all items
on the Consent Calendar as presented except Item #11 West
Covina Citywide Sewer Service Charge Setting a Public Hearing
Date on the Method of Collection and Fee Increase.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Item 11 West Covina Citywide Sewer Service Charge Setting a Public
Hearing Date on the Method of Collection and Fee Increase
Councilmember Spence felt the wording in the resolution should
be clarified since the City Council has not yet decided on a fee
increase, and that the wording state a "possible" or "potential" fee
increase.
Motion Motion by Spence and seconded by Warshaw to adopt the
resolution with the word "potential" fee increase.
Resolution No. 2014-17 RESOLUTION NO. 2014-17 — 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 17, 2014, FOR A PUBLIC
HEARING ON THE METHOD OF COLLECTION AND FEE
INCREASES
Motion carried 5 — 0 by the following Roll Call vote;
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES None
PUBLIC HEARING
FY 2014-2015 Community Development Block Grant (CDBG)
Action Plan
CDBG FY 2014-2015 Mayor Herfert announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
Mayor Herfert proceeded to open the hearing and Management
Analyst Kelly McDonald provided a brief report on the Annual
CDBG funds received by the City and how they are allocated. At a
public hearing on March 4, 2014, the City Council authorized staff
to draft the FY 2014-2015 CDBG Action Plan consistent with the
2010-2015 Planned Priorities. McDonald reported on the funding
received, which represented a 4% reduction from the current year
and is the 41" consecutive year of reductions. He pointed to the
proposed detailed budget contained in the report and that, if
approved, the distribution would be incorporated into the current
budget process relative to public services specific allocations and
the recipients would be presented for consideration at a future City
Council meeting. He recommended approval of FY 2014-2015
Action Plan as outlined in the report.
Open testimony Mayor Herfert opened the public testimony portion of the hearing
and called for public comment.
Close testimony There being no one wishing to address Council, Mayor Herfert
proceeded to close the public testimony portion of the hearing.
Motion Motion by Toma and seconded by Herfert to approve the Proposed
FY 2014-2015 CDBG Action Plan.
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City Council Minutes of May 06, 2014
Motion carried by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
SUCCESSOR AGENCY Mayor Herfert recessed the City Council meeting at 8:36 p.m. to
convene the Successor Agency meeting.
The City Council meeting reconvened at 8:37 p.m. with all
members present.
AB 1234 CONFERENCE AND MEETING REPORT
Councilmember Sykes gave an oral report of his attendance at the
Southern California Council of Governments conference.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
Councilmember Mike Spence
Request from Councilman Mike Spence for City Council's
Consideration to Instruct City Staff to Prepare a Report Regarding
13) the Process and Cost of an Audit by the State Controller's Office
Request for Audit by State Councilmember Spence first of all thanked staff for working on the
posting of warrants for the past two years and then made a motion
on his item above.
Motion Motion by Spence and seconded by Toma to instruct City staff to
prepare a report regarding the process and cost of an audit by the
State Controller's Office.
Councilmembers commented on what the audit would
encompass and on the potential costs involved.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
CITY COUNCIL COMMENTS
ADJOURNMENT
Submitt by:
Assistant Cii
Susan Rush
Mayor Herfert requested an agenda item to bring back information
regarding whether homeowners are providing to new homeowners
the PHAP (Perspective Homebuyers Awareness Packet) for
disclosure due to their proximity to the BKK Hazardous Waste
Landfill.
Motion by Herfert and seconded by Spence to adjourn the meeting
at 8:52 p.m.
Mayor Stev erfert
n