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.
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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
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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:
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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.
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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.
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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
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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
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