Loading...
12-17-2013 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL December 17, 2013 Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:15 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Grace Wabuki Faith Community Church PLEDGE OF ALLEGIANCE Councilmember Spence ROLL CALL Mayor Herfert, Mayor Pro Tem Sykes, Councilmembers Spence, Toma, Warshaw REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman 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 and Successor Agency agenda: 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 — Alvarez Glasman stated this item pertains to various matters relating to Hassen Imports Partnership litigation; that a presentation and discussion by the Successor Agency was made with no action taken and the matter did not conclude; however, at the conclusion of his reports, a motion will be entertained to adjourn these matters to Thursday, December 19 at 5 p.m. Conference with Legal Counsel — Anticipated Litigation — One case and Conference with Legal Counsel — Existing Litigation — Successor Agency to the former West Covina Community Development Commission, et al. v. Matosantos, et al. — Alvarez Glasman reported that Board Member Toma recused himself from participation in these items in as much as he is employed with the California Attorney General's office which represents various parties in these matters of Anticipated and Existing Litigation; therefore, the remaining four Board Members received a briefing with no action taken and nothing further to report. Items on the City Council agenda: Conference with Legal Counsel — Existing Litigation — West Covina Improvement Association v. City of West Covina, et al., Superior Court Case No. BS135923; City of West Covina, Appellants, v. West Covina Improvement Association, Appellees, Court of Appeal Case No. B247712 — Alvarez Glasman reported that this item was not discussed and will also be held over to the meeting on December 19 at 5:00 p.m. Conference with Legal Counsel — Existing Litigation — City of West Covina v. Hassen Imports Partnership, et al. — Alvarez Glasman reported that as had been indicated earlier this item was not concluded this evening with no action taken and would be continued to December 19. Conference with Legal Counsel — Existing Litigation — Juan Espinosa, et al. v. City of West Covina, et al. — All five members were present; direction was provided to legal counsel City Council Minutes of December 17, 2013 with no final settlement or resolution and with nothing further to report. Conference with Legal Counsel — Existing Litigation — Successor Agency of the former West Covina Community Development Commission, et al. v. Matosantos, et al. — Alvarez Glasman reported on this corresponding matter to the Successor Agency stating that Councilmember Toma recused himself for the same reason stated earlier; the remaining four members received a briefing with no final action taken and nothing further to report. Conference with Legal Counsel - Existing Litigation — Coalition for Land Use Equity (CLUE) v. City of West Covina - All five members were present; there was no final action taken; direction was provided to the City Attorney's office with nothing further to report. Conference with Labor Negotiators — Miscellaneous Unrepresented Management Employee — Police Chief — All five members were present with respect to the position of the Police Chief; direction was provided to the City Manager with a 4 — 1 position; Mayor Herfert opposed the position; however, there was no final action taken. The matter will come back to an open session at a future meeting. Conference with Real Property Negotiators — Property: 2100 East Shadow Oak — Alvarez Glasman reported that this matter will also be held over to December 19 at 5:00 p.m. Motion Motion by Warshaw and seconded by Herfert to adjourn the Special meeting of the Successor Agency to an Adjourned Special Successor Agency meeting to be held on Thursday, December 19t" at 5:00 p.m. in the City Manager's Conference Room. Motion carried by 5 — 0. Motion Motion by Spence and seconded by Sykes to adjourn the Special City Council meeting to an Adjourned Special Council meeting to be held on Thursday, December 19t" at 5:00 p.m. in the City Manager's Conference Room to discuss the various matters delineated by City Attorney Alvarez Glasman. Motion carried by 5 — 0. CHANGES TO THE AGENDA None. PRESENTATIONS Councilmember Warshaw, along with Interim Police Chief Paul Lacommare, presented Certificates of Recognition to the following Seniors Helping Our Police (SHOP) members: ■ Joan Geaudreance ■ Floyd Crowell — Not present ■ Howard Leach ■ Billie Meneghall ■ Bob Munoz ORAL COMMUNICATIONS Paul Hernandez Paul Hernandez, newly appointed board member with Valley County Water District, introduced himself and offered his assistance to address any water issues William Elliott William Elliott, West Covina resident, addressed the issue of councilmembers working as consultants with developers doing business in West Covina; inquired as to the result of the investigation into the YouTube video filmed with West Covina cars and uniforms, and, transparency by responding to residents inquiries. 2 City Council Minutes of December 17, 2013 George Ogden George Ogden, West Covina resident, addressed auto dealership issues and suggested the issues be reviewed by the District Attorney or Grand Jury. Shirley Buchannan Shirley Buchannan, West Covina resident, requested information on how city tax dollars are being spent and requested that city expenditures be made part of the Agenda process for the residents to see. John Shewmaker John Shewmaker, West Covina resident, concurred with speaker Ogden; addressed previous agendas that listed the check register for approval that would provide the information requested by residents and asked that the council go back to providing it. Iris Delameter Iris Delameter, West Covina resident, addressed the lack of transparency in West Covina. Carolyn Arndt Carolyn Arndt, West Covina resident, expressed her disappointment of the settlement agreement amount regarding the sale of the Civic Center property and inquired as to overall cost and expenses regarding the project and corresponding litigation. Phil Moreno Phil Moreno, West Covina resident, addressed City Resolutions 2007-78 and 2007-79 and the staff report regarding supplemental retirement provisions to staff, city manager and council and the funding to be used to pay for it. Lloyd Johnson Lloyd Johnson, West Covina resident, addressed litigation and transparency asking the Council to stop the mounting costs of litigation. Herb Redholtz Herb Redholtz, West Covina resident, inquired as to protocol as it relates to reporting out from Closed Session. Scott Transue Scott Transue, Southland Transit, provided a background and history of their firm and addressed their bid for services outlining the reason for the higher bid amount and the level of service they provide, for Council's consideration. Jeanette Fliehler Jeanette Fliehler, Southland Transit employee, expressed desire to continue to work with the City. Patricia Rivera Patricia Rivera, Southland Transit employee, spoke on Southland's contract with the City and hoped that the Council would consider keeping their company for service to the residents. William Tennies William Tennies, West Covina resident, addressed upholding the Constitution of the United States and the second amendment. Mayor Herfert addressed speakers' inquiries on check registers as part of the agenda process; Councilmember Spence suggested the warrant register be included in the web redesign. City Attorney Alvarez Glasman addressed the provision in Government Code Section 54957.1 regarding reporting out from Closed Session. Councilmember Spence requested to agendize litigation and public records requests and looking into changing direction on handling these requests 3 City Council Minutes of December 17, 2013 City Manager Chung addressed a comment regarding the moratorium and pointed to the item being on the agenda. City Attorney Alvarez Glasman addressed speaker's earlier comment regarding the ROPS line item being rejected by the Department of Finance and explained the history and process of the Recognized Obligations Payment Schedule (ROPS), which is a part of the State elimination of Redevelopment Agencies in California. Additionally, City Manager Chung explained the City staff s efforts to prevent the State from inaccurately denying the City its funds. CONSENT CALENDAR Approval of Meeting Minutes (receive & file) 1) Minutes Special City Council Meeting Minutes of November 19, 2013 Regular City Council Meeting Minutes of November 19, 2013 Commission Summary of Actions (receive & file) 2) Planning Commission Planning Commission — December 10, 2013 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. • William Puklus vs. City of West Covina • Celine Chen vs. City of West Covina • Anne Karnos vs. City of West Covina • Emily Turner vs. City of West Covina • Ana Zamora vs. City of West Covina Award of Bid 4) Award of Bid for Trail Repair Work at Heritage Park Funded by Heritage Park Trail Repair Los Angeles County Park Bond Monies Recommendation is that the City Council take the following actions: 1. Award the bid to Micon Construction, Inc., in the amount of $97,618.00 as submitted on December 10, 2013, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Micon Construction, Inc. to perform trail improvements at Heritage Park. 2. Appropriate funding in the amount of $140,000 to Capital Improvement Project No. 143.82.8331.7700 as pre -approved from the Los Angeles County Regional Park and Open Space District Prop A Maintenance and Servicing Funds. 5) Award of Bid for Construction of Bus Pads, Curb and Gutter Bus Pads, Curbs/Gutter Repairs Repair, Sidewalk and Wheelchair Ramps (Project Nos. SP-14103, SP-14104, SP-14105, and SP-14106) Recommendation is that the City Council accept the bid of Gentry Brothers, Inc. of Irwindale in the amount of $247,096.00 as submitted at the bid opening on November 21, 2013, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Gentry Brothers, Inc. for the work to be done. 6) Approve and Award of Bid for Bus Stop Enhancement Program Bus Stop Enhancement (Project No. SP-14115) Recommendation is that the City Council take the following actions: ll City Council Minutes of December 17, 2013 1. Approve and award the contract to Malibu Pacific Tennis Court, Inc. of Westlake Village in the amount of $126,625.00 as submitted at the bid opening on November 21, 2013, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Malibu Pacific Tennis Court, Inc. for the work to be done. 2. Appropriate funding in the amount of $70,000 to Capital Improvement Project No. 232.81.8431.7900 as pre -approved from the Foothill Transit Authority's Bus Stop Enhancement Program Grant. City Manager's Office 7) Cancellation of the January 7, 2014 City Council Meeting Cancellation of January 7 Meeting Recommendation is that the City Council cancel the City Council meeting of January 7, 2014, due to the upcoming holidays. Community Services Department 8) Partnership with the Greater West Covina Business Association for Summer Concerts the 2014 Summer Concert Series Recommendation is that the City Council take the following actions: 1. Approve a partnership with the Greater West Covina (GWC) Business Association to provide the 2014 Summer Concert Series at the Civic Center; and 2. Authorize the City Manager to execute an agreement with the GWC to manage the 2014 Summer Concert Series at a cost not to exceed $15,500, with funds identified in the West Covina Community Services Foundation. 9) Authorization to Apply for Housing -Related Parks Program Funds Parks Program Funds Application Recommendation is that the City Council adopt the following resolution: Resolution No. 2013-73 RESOLUTION NO. 2013-73 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING APPLICATION FOR HOUSING RELATED PARKS GRANT Fire Department 10) Award of Purchase, Video Conferencing Equipment for the Los Smart Classroom Project Angeles Area Fire Chiefs Association Regional Smart Classroom Purchase Project Recommendation is that the City Council take the following action: I. Appropriate $35,410.75 from Account No. 110.32.3210.7160 to purchase video conferencing equipment in accordance with the pricing and terms secured by the Los Angeles Area Fire Chiefs Association (as shown on the CDW-G, Inc. sales quotation). The City will be reimbursed for the full cost of $36,410.75 for SMART Classroom and be recorded as grant revenue in the General Fund. CONSENT CALENDAR ACTION Motion by Sykes and seconded by Toma to approve all items listed on the Consent Calendar as presented. Motion carried by 5 — 0. Recess The City Council recessed the meeting at 8:21 p.m. The City Council reconvened at 8:30 p.m. with all members present. 5 City Council Minutes of December 17, 2013 PUBLIC HEARINGS 11) Continued Public Hearing Zone Change No. 13-03 Zone Change No. 13-03 Lark Ellen Ave. Development Mitigated Negative Declaration of Environmental Impact (formerly St. Martha's Church) Applicant: Jay Deckard and Phil Becerra, Warmington Residential Location: 502 and 520 South Lark Ellen Avenue (Formerly St. Martha's Episcopal Church and Dove Day School Mayor Herfert announced the hearing matter and Assistant City Clerk Rush verified that legal notice had been given. Mayor Herfert then proceeded to open the hearing and Planning Director Anderson provided a staff report describing the location of the project on South Lark Ellen Avenue outlining the details of the architectural style of the homes, parking, open spaces, landscaping, access within the project and addressed traffic flow and impact which he cited as being addressed in the Mitigated Negative Declaration of Environmental Impact report. In addition, he addressed a misstatement in the MND regarding the storm drain and questions raised regarding the historical validity of the church. Two correspondences were received by the City regarding this project and then Anderson offered to answer questions Anderson further explained 1) school fees, 2) public safety iimpact fees, and 3) graffiti mitigation on a long term basis. Councilmember Warshaw requested information on the Errata report to address drainage from the development onto the street and cleanup before draining into the storm drains. Anderson responded that there are requirements in place that address drainage into the street. Councilmember Spence commented on the historical significance of St. Martha's Church mentioning the members that contributed to the community and asked that their names be considered when naming streets. Open testimony Mayor Herfert then proceeded to open the public testimony portion of the hearing and called for public comment. Applicant Phil Becerra, applicant from Warmington Residential, introduced himself and Jason Fitch of JZMK, who presented a visual aid with animation for a better view of the entire project overall site and briefly addressed some of the concerns and aesthetics of the project. He then offered to answer any questions. In Support Ray Ammentorp, West Covina resident and member of St. Martha's, spoke in support of the project. Jackie Dunn, of Dove Day Care, stated that Dove Day Care has relocated to San Dimas and that traffic should be less due to the elimination of student pickup/drop-offs and supports the project. Sue Dunn, West Covina resident and owner of 502 S. Lark Ellen, addressed the upkeep of the Church and Day Care, supporting the project. Ted Forbath, CFO of the Episcopal Diocese of Los Angeles, read a letter from Pastor Bruno which was previously sent to the Planning Commission. Neutral David Schwartz, West Covina resident, expressed his concerns of increased traffic and congestion. Col City Council Minutes of December 17, 2013 Rebuttal Phil Becerra, project applicant, introduced Rami Awod, engineer with B & E Engineers, who responded to questions regarding concerns with the drainage into the streets from the development. Mr. Awod briefly explained that drainage was designed in accordance with all required state regulations and detailed how the drainage would not increase from before the project and described the onsite drainage system that will be maintained. Close testimony With no one else wishing to comment, Mayor Herfert closed the public comment portion of the hearing. Mayor Pro Tern Sykes, Councilmembers Toma and Spence commented on the project and expressed their support. Councilmember Warshaw expressed his concerns and gave his reasons for not supporting the project. Assistant City Clerk presented: Resolution No. 2013-74 RESOLUTION NO. 2013-74 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO. 13-03, TENTATIVE TRACT MAP NO. 72320 AND TREE REMOVAL PERMIT NO. 13-05 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Motion Motion by Spence and seconded by Sykes to adopt the resolution. Motion carried by 4 — 1 (Warshaw — No). Assistant City Clerk presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 13-03 Motion Motion by Sykes and seconded by Toma to introduce the ordinance. Motion carried by the following roll call vote: AYES: Spence, Sykes, Toma, Herfert NOES: Warshaw Public Hearing Code Amendment No. 13-03 Residential Agricultural/Single Family Zone 12) Development Standards Code Amendment No. 13-03 General Exemption Mayor Herfert announced the hearing matter and Assistant City Clerk Rush verified that legal notice had been given. Mayor Herfert then proceeded to open the hearing and Planning Director Jeff Anderson presented the staff report beginning with a brief history of the reason for the reassessment of development standards on hillside areas. Development of 79 vacant properties became the focus due to the fact that the subdivision of these properties occurred back in 1980 and concerns were raised over the changes that have occurred in the "average" single family homes since the lots were subdivided and that the existing development standards would not address those concerns. Anderson detailed the process undertaken by staff which included Study Sessions and Planning Commission review and staff was able to compile a list of six development standards that dealt with lots in areas of topography as follows: 1) Ratio of pad size to floor area; 2) Appropriate pad size; 3) Number of stories; 4) Standards and review process for decks; 5) Common area 7 City Council Minutes of December 17, 2013 maintenance for drainage and landscaping of slopes; and 6) Standards for covered parking. He then briefly and clearly explained each issue and how after conducting three study sessions with the Planning Commission, they determined that issues 2, 3 and 5 on the list required changes to the Municipal Code. He briefly outlined those issues and why the changes were recommended and explained why the other issues did not require a change in the Municipal Code and that these changes were incorporated in the proposed ordinance. In closing, he explained that if the Council approves the proposed code amendment, the Moratorium would be scheduled to be lifted by an ordinance to take effect at the time the code amendment takes effect. He then offered to answer questions. Council discussion Mayor Herfert asked if four car garages can be allowed if requested to which Anderson replied that it can be allowed. Councilmember Warshaw inquired regarding deck size when lots back up to a hillside or open space. His point was that the proposed ordinance does not allow for a bigger deck when a property backs up to open space. Anderson replied that this would be a policy decision for Council; however, the Planning Commission's review would require that the setback be met and if the owner wanted to make the deck larger, the applicant could request a variance at a cost $2,500 and only the Planning Commission could approve it. Councilmember Warshaw said he would like to incorporate this feature in the proposed ordinance in order to make it easier for staff and the Planning Commission. Anderson replied that staff can bring back the change in the code amendment when they bring back the ordinance for a second reading. Public testimony Mayor Herfert then proceeded to open the public testimony portion of the hearing and called for public comments. In favor Erick Sheck, representing Van Daele Homes, spoke in support of the code amendment explaining that his firm purchased 22 lots in March 2013 and thereafter found out a moratorium had been placed on construction in the area. His firm met with staff and attended Planning Commission meetings to understand the concerns and his firm thereafter incorporated those changes in the code amendment. Close testimony With no one else wishing to address Council, Mayor Herfert closed the public comment portion of the hearing. Council discussion Councilmember Spence inquired about lifting the moratorium on development and had several questions. City Attorney Alvarez- Glasman responded to his questions. Mayor Herfert addressed the possibility of owners having 2-car garages for a 4,500 square foot lot. Discussion' ensued on number of garages relative to size of lot; timeliness for construction to begin with Planning Director Anderson responding that applicant can begin the application process for permits whether the code amendment is not yet in place or not approved. Motion Motion by Spence and seconded by Warshaw to agendize lifting the moratorium for the next meeting. Motion carried by 4 — 1 (Herfert — No). Motion Motion by Warshaw and seconded by Sykes to introduce the following ordinance with the exception of addressing his request for houses/lots that back up to open space: City Council Minutes of December 17, 2013 Assistant City Clerk presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO RESIDENTIAL AGRICULTURAL/SINGLE FAMILY ZONE DEVELOPMENT STANDARDS Motion carried by 4 — 1 (Spence — No). Community Services Department 13) Award of Bid for City of West Covina Fixed Route and Dial -A - Fixed Route/Dial-A-Ride Ride Transit Service Contract City Manager Chung introduced the matter with a brief overview of the City's initial RFP for a 3 year contract for transportation services followed by an RFP for a 5 year contract. He stated that staff is recommending approval of a contract with MV Transportation. He then turned the remaining report over to Community Services Director Chris Freeland. Freeland reported on the City's efforts to find reliable efficient transportation services with cost savings to the City. The City utilized a consultant to review the bids to ensure there would be no issues. He outlined the details of the contract of the lowest bidder, MV Transportation; the cost savings; the guarantee of no increases; refunding the City the last 12 months of profits if the contract is canceled; the provision for vehicles; and gave a brief background of the company. Freeland repeated that the reason for recommending MV Transportation was that they were the lowest bidder with costs savings to the City. Motion Motion by Warshaw and seconded by Toma to approve the contract with MV Transportation as recommended by staff. Motion carried by 3 — 2 (Herfert, Sykes — No). CITY COUNCILMEMBER REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS Councilmember Spence requested to look into councilmembers' participation in CalPERS to see what it would require to preclude members from participation. Also, to review the Gun Buy -Back Program due to his concern when guns collected with no questions asked are then destroyed that may have been used in the commission of a crime. Councilmember Toma requested a report on looking into an RFP for City Attorney services to find the best service for the lowest price. Councilmember Warshaw requested a report to look into campaign finance laws and ways to tighten up existing ones. ADJOURNMENT Motion by Herfert and seconded by Sykes to adjourn the meeting at 10:10 p.m. in memory of the following: - Lilia Salazar, mother of Bill Salazar of Royal Coaches - Daniel Diaz, long time West Covina resident and Youth Pastor of New Beginning Ministries of Baldwin Park. Motion carried by 5 — 0. Stfiedby: ssistant, City' Clerk Susan Rush i&