01-21-2014 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
January 21, 2014
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:05 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Mason Okubo
Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE Mayor Pro Tem Fred Sykes
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/Community Development Commission/Parking Authority
agenda and the Successor Agency were announced for inclusion in
the closed session discussion with all members present.
Items on the City Council/Community Development
Commission/Parking Authority: Successor Agency agenda:
Conference with Real Property Negotiators — Property:
825 S. Sunset Avenue — City Attorney Alvarez Glasman reported
that this item was not discussed and will be held over to the next
regular meeting.
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-42068ER; In re Hassen Imports Partnership, Debtor,
United States Bankruptcy Court Case No.2:13-cv-07532-CAS — All
five members were present; a briefing was provided by Special
Counsel to the City Council and Successor Agency with no 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 and received a briefing on this
matter with no action taken. Direction was provided to the City
Attorney's Office consistent with what was provided in Closed
Session. This matter will be brought back at a future date.
Conference with Legal Counsel — Existing Litigation —
Case No. BC 491349 — State of California v. City of West Covina, -
Case No. BC 519400 — State of California v. City of West Covina,
Successor Agency to the West Covina Redevelopment Agency,
West Covina Community Development Agency; Case No. BC
519545 State of California v. City of West Covina, Successor
Agency to the West Covina Redevelopment Agency, West Covina
Community Development Agency; Case No. BC 519543 — State of'
California v. City of West Covina, Successor Agency to the West
Covina Redevelopment Agency, West Covina Parking Authority:
Case No. BC 519546 — State of California v. City of West Covina,
Successor Agency to the West Covina Redevelopment Agency;
Case No. BC 5196022 — State of California v. City of West Covina,
Successor Agency to the West Covina Redevelopment Agency —
Councilmember/Board Member Toma did not participate in the
discussion of these matters being represented by the Office of the
California Attorney General as Mr. Toma is a Deputy Attorney
General with that office. A briefing was provided to the various
City Council Minutes of January 21, 2014
boards on these matters of pending litigation with no action taken
and nothing further to report.
Conference with Legal Counsel — Anticipated Litigation —
Two Cases -All five Councilmembers present received a briefing
on those two matters with no action taken and nothing further to
report. * (see below)
CHANGES TO THE AGENDA City Manager Chung announced that a letter was sent to residents
that the Rental Housing item would be discussed at tonight's
meeting. Subsequently, staff pulled the item to allow time to have
a complete and comprehensive staff report and a follow up letter
was sent to residents informing them it would not be on the agenda
but would be brought back to a future meeting and apologized for
those who may not have seen the notice.
He also reported that Item No. 6 — Agreement with MV
Transportation to Lease Space at the City Yard for the Operations
of the West Covina Transit System — is being pulled for separate
discussion.
*City Attorney Alvarez-Glasman corrected that one of these
matters was discussed and one was not.
PRESENTATIONS Mayor Herfert called forward Jaylon Fong to be recognized by the
City for being named a Sports Illustrated Kids "Sportskid of the
Year 2013" honoree. Jaylon thanked the City and his parents.
Mayor Herfert called forward Pastor Rick Iwanaga of West Covina
Christian Church who presented the City with a check for the
proceeds received from the Pumpkin 5K Run to benefit the Senior
Center.
Mayor Herfert called forward Endie Widjaja, owner of the new El
Pollo Loco who presented the West Covina Community Services
Foundation with a check and the City presented El Pollo Loco with
a Certificate for their support of the Community.
ORAL COMMUNICATIONS
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed several issues on
the agenda which included the General Plan Update, the
Moratorium on Hillside Properties, the RFP for City Attorney,
review of Campaign Contributions laws, and the Veterans'
Memorial and thanked the Council for bringing them forward and
Mayor Herfert for the contribution from the Castucci Foundation
to the Memorial Wall project.
Phil Kaufman Phil Kaufman, representing San Gabriel Valley Progressives,
addressed the gun buy-back program stating his support and
expressed concern that the gun buy-back event may not take place.
Don Overlin Don Overlin, West Covina resident, expressed his support of the
gun buy-back program.
Linda Peterson Linda Peterson, with Golden Years Housing, introduced herself
and their new business in West Covina and briefly covered the
services offered.
Royall Brown Royall Brown, West Covina resident, addressed the recommended
action on Item 4 to oppose Assemblyman Roger Hernandez'
proposed legislation to require all General Law cities, including
West Covina, with a population greater than 100,000 to institute
City Council elections by district.
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City Council Minutes of January 21, 2014
Irene Fleck Irene Fleck, West Covina resident, announced upcoming Library
events and inquired as to who maintains alley ways within the
City.
Gloria Gandara Gloria Gandara, West Covina resident, addressed the gun buy-back
program expressing concerns with effectiveness and the benefit to
the City.
John Shewmaker John Shewmaker, West Covina resident, addressed a previous
submitted request as to whether the Council complied with the
Municipal Code regarding the hiring of the City Manager and
expressed concern with the education incentive proposed for the
Police Chief position.
William Elliott William Elliott, West Covina resident, addressed campaign finance
reform; the gun buy-back program; and the YouTube video in
which police department vehicles and equipment were used.
Dana Sykes Dana Sykes, West Covina resident, spoke in support of the gun
buy-back program.
Lola Finley Lola Finley, West Covina resident, addressed the success of the
neighborhood watch meetings in her neighborhood, and thanked
staff and the Police Department for their support regarding crime
in the neighborhood.
Bertie Azpetia Bertie Azpetia, West Covina resident, spoke in support of the gun
buy-back program.
George Ogden George Ogden, West Covina resident, addressed the construction
of a Veterans' Memorial wall using public art funds expressing
support.
Philip Moreno Philip Moreno, West Covina resident, thanked the Council for
acting on commitments made during their campaigns; addressed
the General Plan requesting the preservation of established zones.
Alfred Williams Alfred Williams, West Covina resident, addressed the
recommendation to oppose proposed legislation from
Assemblyman Roger Hernandez•, opposed the proposed education
incentive for the Police Chief; addressed the lack of maintenance
of all the cell towers.
Bruce Leinbach Bruce Leinbach, West Covina resident, expressed his condolences
for former City Councilmember Kathy Howard and former West
Covina Firefighter Schwartz who have recently passed; addressed
the recount cost of the last election.
City Manager Chung addressed speakers' concerns brought forth
from the public regarding the proposed legislative platform, City
Manager recruitment, and Police Chief recruitment.
City Attorney Alvarez-Glasman addressed a section of the
Municipal Code regarding the City Manager recruitment.
CONSENT CALENDAR Items #4 and #8 were removed from the Consent Calendar for
separate consideration.
Approval of Meeting Minutes (receive & file)
1) Minutes Regular City Council Meeting Minutes of December 3, 2013
Special City Council Meeting Minutes of December 10, 2013
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City Council Minutes of January 21, 2014
Ordinances for Adoption
Zone Change No. 13-03
Mitigated Negative Declaration of Environmental Impact
Applicant: Jay Deckard and Phil Becerra, Warmington Residential
Location: 502 and 520 South Lark Ellen Avenue
(Formerly St. Martha's Episcopal Church and Dove
2) Day School
Lark Ellen — Warmington Homes Recommendation is that the City Council adopt the following
ordinance:
Ordinance No. 2253 ORDINANCE NO. 2253 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 13-03
Traffic Committee Meeting Minutes (accept & file)
3) Traffic Committee Meeting Minutes of December 17, 2013
Traffic Committee L Request
City Initiated
That parking on Grovecenter Street from La Sena Avenue to
Orange Avenue, Ranchero Street from La Sena Avenue to the end
of the street, El Dorado Street from La Sena Avenue to the end of
the street, Alisal Street from La Sena Avenue to the end of the
street, the north side of Puente Avenue from La Sena Avenue to
Orange Avenue, and the east side of La Sena Avenue from Puente
Avenue to the end of the street be restricted to permit only parking
every day, Sunday through Saturday.
Traffic Committee Recommendation:
That parking on Ranchero Street from La Sena Avenue to the end
of the street, El Dorado Street from La Sena Avenue to the end of
the street, Alisal Street from La Sena Avenue to the end of the
street, and the east side of La Sena Avenue from Puente Avenue to
the end of the street be restricted to permit only parking every day,
Sunday through Saturday.
Item 4 was removed from the Consent Calendar . for separate
consideration.
City Manager's Office
4) City of West Covina 2014 Legislative Platform
2014 Legislative Platform Recommendation is that the City Council take the following
actions:
1. Adopt the proposed 2014 Legislative Platform to
support/oppose county, state, and federal legislation as
appropriate; and
2. Oppose Assemblyman Roger Hernandez' proposed legislation
to require all General Law cities, including West Covina, with
a population greater than 100,000 to institute City Council
elections by district.
Community Services Department
First Amendment to Lease and Option Agreement with New
5) Cingular Wireless/AT&T for the Existing Wireless Facility at
New Cingular Lease @ Shadow Shadow Oak Park
Oak Park Recommendation is that the City Council approve the First
Amendment to the Lease and Option Agreement between new
Cingular Wireless/AT&T and the City of West Covina for the
existing wireless facility at Shadow Oak Park.
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City Council Minutes of January 21, 2014
Item 6 was pulled from the agenda and will be brought back at a
subsequent meeting.
6) Agreement with MV Transportation to Lease Space at the City
MV Transportation Lease @ Yard Yard for the Operations of the West Covina Transit System
Recommendation is that the City Council approve the lease
agreement and authorize the City Manager to execute the
agreement, allowing MV Transportation to lease space at the City
Yard.
7) National Recreation and Park Association & Macy's Inc. Park
Park Funding Program Funding Program
Recommendation is that the City Council approve the City's
participation in the National Park and Recreation Association &
Macy's Inc. Park Funding Program as outlined in the staff report.
Item 8 was pulled from the Consent Calendar for separate
consideration.
Finance and Administrative Services
8) Approval of Education Incentive for Police Chief
Education Incentive for Police Chief Recommendation is that the City Council adopt the following
resolution:
RESOLUTION NO. - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING RESOLUTION NO. 2007-65
RELATING TO MANAGEMENT COMPENSATIONS,
BENEFITS, AND CLASSIFICATIONS OF DEPARTMENT
HEADS
CONSENT CALENDAR ACTION Motion by Warshaw and seconded by Sykes to approve all items
listed on the Consent Calendar as presented except Item 4 — City of
West Covina 2014 Legislative Platform and Item 8 — Approval of
Education Incentive for Police Chief. Item 6 —Agreement with
MV Transportation to Lease Space at the City Yard for
Operations of the West Covina Transit System was pulled from
the agenda for a subsequent meeting.
Motion carried by 5 — 0.
Item 4 City of West Covina 2014 Legislative Platform
Councilmember Toma expressed his concern with staff advocating
on proposed legislation and stated that he prefers that Council take
legislation on a piece -by -piece basis as legislative issues addressed
by the League of California Cities are statewide and it's the
responsibility of the City's electives to decide what to advocate
for.
Council discussion ensued with all agreeing and chose to
only take action on current legislation being proposed by
Assemblymember Roger Hernandez.
Motion Motion by Herfert and seconded by Warshaw to approve to oppose
Assemblyman Roger Hernandez' proposed legislation to require
all General Law cities, including West Covina, with a population
greater than 100,000 to institute City Council elections by district.
Motion carried by 5 — 0.
Item 8 Approval of Education Incentive for Police Chief
Mayor Herfert stated he supported the candidate for the position of
Police Chief but concerned with the salary structure imbalance of
all department directors and would not support. Councilmember
Warshaw felt experience is important and supported the incentive.
Councilmember Toma supported the appointment of the candidate
for his level of experience but not the incentive as a benefit.
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City Council Minutes of January 21, 2014
Mayor Pro Tem Sykes does not support the appointment due to the
financial burden on the City.
Council discussion ensued raising questions of offering the
incentive, to the position of police chief.
Motion Motion by Warshaw and seconded by Sykes to adopt resolution
and approve the education Incentive for Police Chief.
Motion failed by 2 — 3 (Spence, Toma, Herfert — No).
City Manager's Office
Annual Appointment of City Council Representatives to Other
9) Agencies
Annual Council Appointments Mayor Herfert reviewed the list of suggested appointments.
Motion Motion by Warshaw and seconded by Herfert to confirm the
Mayor's appointments and adopt the following resolution as
recommended. [List of appointees on file in the City Clerk's
Office]
Resolution No. 2014-2 RESOLUTION NO. 201.4-2 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
NAMING COUNCILMEMBER FREDRICK SYKES AS THE
GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS, AND
COUNCILMEMBER JAMES TOMA AS THE ALTERNATE
Motion carried by 5 — 0.
Planning Department
10) General Plan Update
General Plan Update Mayor Herfert introduced the item and Planning Director Jeff
Anderson provided a comprehensive report and stated the City's
General Plan was last updated almost 30 years ago. He reported
that the General Plan includes the State's required elements [Land
Use, Circulation, Housing, Conservation, Open Space, Noise, and
Safety] and three additional elements; Economic Development,
Human Resources, and Design.
He detailed the process of updating a city's general plan
and how the City can best handle the update through the use of a
consultant due to the complexity and expertise required. In order
to prepare a Request for Proposal Anderson outlined the various
approaches utilized to update the General Plan, Financing, public
outreach and other optional issues.
Anderson briefly covered the elements that address the
needs in West Covina that would best determine the most effective
approach and concluded with staff s recommendation for a
Focused General Plan approach and Optional Work Products.
Council discussion Mayor Herfert inquired about meetings with the public,
Planning Commission and City Council and the estimated time of
completion.
Planning Director Anderson stated this would be discussed
with the consultant to determine the most effective approach and
estimated completion of the update in about 18 months to two (2)
years.
Councilmember Warshaw stated his support of staff s
recommendation.
Motion Motion by Toma and seconded by Warshaw to approve staff s
recommendation as follows:
Direct staff to prepare a Request for Proposal to update the
required elements of the General Plan and complete a Program
Environmental Impact Report and include the following:
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City Council Minutes of January 21, 2014
1. Proposals for a Focused General Plan that includes the review
of all elements of the General Plan with most of the land use
analysis focused on the commercial and industrial areas of the
City.
2. A public outreach program including a minimum of 14
meetings and the use of social media and technology to
increase the opportunities for public interaction outside of
public meetings.
3. Optional work products for increased public outreach and for a
comprehensive Zoning Code update.
Motion carried by 5 — 0.
RECESS Mayor Herfert recessed the City Council meeting at 9:06 p.m. The
City Council reconvened at 9:16 p.m. with all members present.
Ordinances for Adoption
Code Amendment no. 13-03
11) Residential Agricultural/Single Family Zone Development
Repeal of Moratorium for South Repeal of Moratorium on Vacant Properties for Certain Properties
Hills Area Properties in the South Hills Area
Planning Director Jeff Anderson reported that at the City Council
meeting of December 17, 2013, the Council approved a code
amendment for the Residential Agricultural/Single Family Zone
and directed staff to bring back a release of the Moratorium for the
79 lots in the South Hills area.
The code amendment ordinance was introduced at that
meeting and will amend Chapter 26 (Zoning) to require a 10-foot
level area in hillside areas between the rear of the house and the
slope; greater setbacks for decks and balconies; and three -car
garages for houses greater than 4,500 square feet or five bedrooms.
At the City Council hearing, the Council requested an
amendment to the proposed standards for the deck and balcony
setbacks to exempt lots from the additional setback requirements if
they are adjacent to permanent open space — the wording of the
change is reflected in the staff report as follows:
[Required Setbacks for Elevated Structures. All
elevated structures shall provide side setbacks of 1.5
times the required side setbacks and shall comply
with the required rear.]
In addition, direction was given to prepare an ordinance for
introduction to remove the moratorium on the 79 lots in the South
Hills areas that had been extended until May 7, 2014. Anderson
stated the repeal of the moratorium will have its second reading on
February 4, 2014 and take effect 30 days after the second reading.
He then offered to answer any questions.
Motion Motion by Warshaw and seconded by Herfert to adopt the
following ordinance.
Assistant City Clerk presented:
Ordinance No. 2254 ORDINANCE NO. 2254 — 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 4 — 1 (Spence — No).
Assistant City Clerk Rush presented:
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City Council Minutes of January 21, 2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, REPEALING ORDINANCE
NO. 2243 AND ORDINANCE NO. 2245 PROHIBITING
GRADING OR CONSTRUCTION OF RESIDENTIAL
STRUCTURES IN SPECIFIED AREAS OF THE CITY
Motion Motion by Spence and seconded by Sykes to introduce the
ordinance:
Motion carried by 5 — 0.
Mayor/Councilmember Reports
Councilmember Mike Spence
12 Gun Buy Bank Event
Gun Buy Back Event Councilmember Spence elaborated on the program's Iack of
effectiveness for its intended goal of increasing public safety and
felt this was not the best use of time and resources.
Councilmember Warshaw inquired how the City collects
guns at other times and also felt it was not a good use of resources.
Commander Bell explained both the method of collection
during a gun buy-back program and the random drop-off of
weapons at the police department.
Mayor Pro Tern Sykes gave his reasons for his support of
the program.
Councilmember Toma also expressed his support for the
program that is already scheduled for this upcoming weekend.
Motion Motion by Spence to cancel the gun buy-back program and divert
the funds to solving an unsolved gun crime.
Motion fails due to lack of a second.
Motion Motion by Sykes to continue the gun buy-back program.
Motion carried by 4 — 1 (Spence — No).
Councilmember Warshaw opined that the program should be
analyzed before conducting another Gun Buy -Back program in the
future with Mayor Herfert concurring.
City Council Requests for Reports, Studies or Investigations
Mayor Pro Tem Sykes
Request from Mayor Pro Tern Sykes Requesting the City Council
to Instruct City Staff to Prepare a Report on the Implementation of
13) Public Safety Fee on New a Public Safetypact Fee on New Developments
Developments Mayor Pro Tern Sykes provided a brief background for his request
due to the recent housing developments and concern for increase in
density and increased need for public safety services requesting
consensus a for public impact safety fee report to look into this
matter.
Motion Motion by Sykes to bring back a report to Council on this subject.
Councilmember Spence expressed his view that he would
not support a public impact fee for developments but would also
not want to deny Councilmember Sykes the opportunity to explore
the issue if he wanted to.
Councilmember Warshaw has noted that many cities have
imposed impact fees due to high density and felt that the type of
development where this would be more appropriate is
entertainment where property revenues are not that abundant but
that this type of industry does create a greater need for police
services which raises the cost of their service. For that reason he
felt it would be good to look into this matter.
City Council Minutes of January 21, 2014
Action on Motion Seconded by Warshaw to bring back a report to Council on
implementing a public safety impact fee on new developments.
Motion carried by 4 — 1 (Spence — No).
Councilmember Mike Spence
Request from Councilmember Mike Spence Requesting the City
Council's Consensus to Instruct City Staff to Prepare a Report on
the Steps Needed to Eliminate Councilmembers' Participation in
the Public Employee Retirement
14) System (PERS)
Elimination of Councilmembers' Councilmember Spence provided a background on why he would
Participation in CalPERS like to eliminate Councilmembers' participation in CalPERS -
Motion Motion by Spence and seconded by Sykes to bring back a report on
the elimination of Councilmembers' participation in CalPERS.
Motion carried by 5 — 0.
Councilmember James Toma
Request from Councilmember James Toma Requesting the City
15) Council to Instruct City Staff to Prepare a Request for Proposals
RFP for City Attorney Services for City Attorney Services
Councilmember Toma would like the City to do a Request for
Proposals for City Attorney services to make sure the City is
receiving the best service for the best price.
Councilmember discussion ensued.
Motion Motion by Toma and seconded by Herfert to bring back a report on
doing a Request for Proposals for City Attorney services for
Council review.
Motion carried by 5 — 0.
Councilmember Warshaw
Request from Councilmember Corey Warshaw Requesting the
16) City Council to Review Current Local Ordinances on Campaign
Local Campaign Contribution Contribution Requirements
Reauirements Councilmember Warshaw would like to look into reviewing local
campaign financing requirements to limit outside influences and
would like to look into Glendale's recently revised requirements.
City Council discussion ensued on the various issues
involving campaign financing requirements. Spence stated he
would like to standardize definitions in the local ordinance to
reflect the definitions utilized by the FPPC (Fair Political Practices
Commission) and clarify types of donations allowed (i.e. cash,
check, credit card).
Motion Motion by Warshaw and seconded by Herfert to bring back a
report on how to proceed to look into campaign financing
requirements in the City of West Covina.
Motion carried by 5 — 0.
Request from Councilmember Corey Warshaw Requesting the
City Council to Instruct City Staff to Prepare a Report on the
17) Construction of a Veterans' Memorial Wall Utilizing Public Art
Veterans' Memorial Funding Funds
Councilmember Warshaw introduced his request for the use of
Public Art Funds for the construction of the Veterans' Memorial
Wall.
Motion Motion by Warshaw and seconded by Sykes to bring back a report
on the use of Public Art Funds for the construction of the Veterans'
Memorial Wall.
Motion carried by 5 — 0.
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City Council Minutes of January 21, 2014.
ADJOURNMENT Motion by Herfert and seconded by Spence to adjourn the meeting
at 10:01 p.m. in memory of the following:
• Former Mayor/Councilmember and Reserve Police Officer
Kathy Howard
• Retired West Covina Firefighter Harold Schwartz
• Longtime resident Jerry Graham.
Motion carried by 5 — 0.
Submitted by:.
Assistant City Clerk Susan Rush
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