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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. 2 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 3 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 0 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. E 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