02-04-2014 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
February 04, 2014
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:04 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Officer Jeff Mosley
West Covina Police
PLEDGE OF ALLEGIANCE Councilmember James Toma
ROLL CALL Mayor Herfert, Mayor Pro Tern Sykes,
Councilmembers Spence, Toma, Warshaw
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney Scott 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 and Successor Agency agendas:
Conference with Legal Counsel — Existing Litigation — City
of West Covina vs. Hassen Imports Partnership, et al.,- Los Angeles
Superior Court Case No. KC048157; In re Hassen Imports
Partnership, Debtor, United States Bankruptcy Court Care No.
2:11-bk-42068-ER; In re Hassen Imports Partnership, Debtor,
United States District Court Case No. 2:13-cv-07532-CAS —
Special Counsel gave a briefing to the City staff on the status of
this matter and received direction from the City Council and
Successor Agency regarding this litigation with no reportable
action taken.
Items on the City Council agenda:
Conference with Legal Counsel — Existing Litigation —
Coalition for Land Use Equity (CLUE) v. City of West Covina —
The City received a briefing on the status of this item and gave
direction to the Council on this matter with no reportable action
taken.
Conference with Legal Counsel — Anticipated Litigation —
Two Cases - The City received a briefing on these two items from
the City Attorney and his office and the City Attorney received
direction from the Council with no reportable action taken.
Conference with Real Property Negotiators — Property:
825 S. Sunset — MV Transit — Council was briefed by Staff on the
terms of those negotiations and received direction on what type of
lease agreement to enter into with no reportable action taken on
that item.
CHANGES TO THE AGENDA No changes.
City Manager Chung introduced newly appointed Police
Chief David Faulkner.
Chief Faulkner stated he was honored to serve with West
Covina and thanked the Council and public.
PRESENTATIONS Mayor Herfert called forward Community Services Director Chris
Freeland and Suzanne Manriquez, Field Representative with Los
Angeles County Supervisor Gloria Molina's Office. Director
Freeland called forward JR Gaytan, Senior Center Chef; Hawley
City Council Minutes of February 04, 2014
Smith, Assistant Chef, and Adrian Reynosa, Senior Center
Supervisor to accept the Silver Thermometer Award and
Distinguished Site Award from the County for services to seniors
at the Senior Center.
City Manager Chung called forward Police Chief Paul LaCommare
to accept a City Resolution of Commendation for his service to the
City.
ORAL COMMUNICATIONS
Lola Finley Lola Finley, West Covina resident, thanked Chief LaCommare for
his service, addressed neighborhood watch meeting in the
community and invited councilmembers to attend and speak on the
issues in the neighborhood that need to be addressed.
Colleen Rozzatti Colleen Rozzatti, West Covina resident, as president of West
Covina Beautiful, announced the upcoming West Covina Birthday
celebration.
Sherman Griffone Sherman Griffone, submitted a request for financial support for the
IVRSB.
Lisa Mayo Lisa Mayo, West Covina resident, representing West Covina
Woman's Club, thanked the Council for their previous assistance
in helping the Woman's Club scholarship funding.
Trudy Saltmarsh Trudy Saltmarsh, West Covina resident, addressed the General
Plan and requested that the consultant and the City consider the
long term effect to the City.
Herb Redholtz Herb Redholtz, West Covina resident, addressed the proposed
Veterans' Memorial supporting the project as a Public Art Project,
but expressed concerns with utilizing funds for a consultant.
Carolyn Arndt Carolyn Arndt, West Covina resident, addressed a local resident
who participated in a competition at USC who came in in top form
and wanted to bring attention to his accomplishment.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed a proposed
urgency ordinance to review development standards for adult
oriented businesses; spoke in support of the proposed Veterans
Wall Memorial; addressed monies spent in attorney fees regarding
auto dealership lawsuits; and inquired as to why the vote [number
of ayes vs. noes] on closed session items is not reported.
Shirley Buchannan Shirley Buchannan, West Covina resident, thanked the Council for
opening meetings with prayer and flag salute; questioned the
financial status of the City and addressed ways to cut expenses.
Elsie Messman Elsie Messman, West Covina resident, congratulated the new
councilmembers for moving forward; addressed the city manager's
contract asking for the complete package including benefits and
how the contract was drafted.
Ben Wong Ben Wong, West Covina resident, inquired as to why Item #8,
Amendment to the City Council Authorized Benefits to Remove
California Public Employees' Retirement (CalPERS) Benefits for
Future City Council Members, was brought forward and stated he
did not support this item giving reasons for his views.
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City Council Minutes of February 04, 2014
Alfred Williams Alfred Williams, West Covina resident, addressed issues at
Shadow Oak Park and the maintenance of the area.
John Shewmaker John Shewmaker, West Covina resident, addressed the process and
method of hiring the City Manager.
Phillip Moreno Phillip Moreno, West Covina resident, inquired about city manager
and former city manager Ca1PERS benefits and their benefits from
other cities.
Forrest Wilkens Forrest Wilkens, West Covina resident, addressed the gun buy-
back program and additional programs to safe guard guns for
residents without a buy-back program.
Irene Fleck Irene Fleck, West Covina resident, thanked staff for the response to
her request to maintain alleys and announced upcoming Library
events.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed weather back
east; welcomed the new police chief, addressed crime statistics and
how West Covina compares to other cities.
City Manager Chung addressed several of the speakers'
comments.
Public Works Director Yauchzee and Community Services
Director Freeland addressed several concerns raised by Mr.
Williams on service contractors and sports league personnel who
have damaged landscaping and walkways at Shadow Oak Park.
CONSENT CALENDAR Item #6 was pulled from the Consent Calendar for separate
consideration.
Approval of Meeting Minutes (receive & file)
1) Minutes Special Council Meeting Minutes of December 17, 2013
Regular Council Meeting Minutes of December 17, 2013
Adjourned Special Council Minutes of December 19, 2013
Special Council Meeting Minutes of January 7, 2014
Special Council Meeting Minutes of January 14, 2014
Commission Summary of Actions (receive & file)
2) Community/Senior Services November 12, 2013
3) Planning Commission January 28, 2014
Ordinance for Adoption
4) Repeal of Moratorium on Vacant Properties for Certain Properties
Repeal of Moratorium on in the South Hills Area
Hillside Lots Recommendation is that the City Council adopt the following
Ordinance:
Ordinance No. 2255 ORDINANCE NO. 2255' — 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
Community Services Department
5) Agreement with MV Transportation to Lease Space at the City
MV Transportation Lease at Yard Yard for the Operations of the West Covina Transit System
Recommendation is that the City Council approve the lease
agreement and authorize the Mayor and City Clerk to execute the
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City Council Minutes of February 04, 2014
agreement, allowing MV Transportation to lease space at the City
Yard.
This item was pulled from the Consent Calendar for separate
consideration.
Finance and Administrative Services
6) Professional Services Agreement with Vision Internet Providers,
Website Provider Agreement Inc. for Website Development Services
Recommendation is that the City Council approve the professional
services agreement with Vision Internet Providers, Inc. for website
development services in the amount of $31,080 and authorize the
City Manager to execute the agreement.
CONSENT CALENDAR ACTION Motion by Warshaw and seconded by Spence to approve all items
listed on the Consent Calendar as presented except Item #6
Professional Services Agreement with Vision Internet Providers,
Inc. for Website Development Services.
Motion carried by 5 — 0
Item No. 6 Professional Services Agreement with Vision Internet Providers,
Inc. for Website Development Services
Councilmember Spence would like the website redesign to include
public access to the City's budget and financial information.
Councilmembers concurred with the need for transparency in the
website. Tom Johnson, representing Vision Internet Providers,
Inc. offered to answer any questions and agreed to make
transparency a priority.
Motion Motion by Spence and seconded by Warshaw to approve the
professional services agreement with Vision Internet Providers,
Inc. for website development services in the amount of $31,080
and authorize the City Manager to execute the agreement.
Motion carried by 5 — 0.
DEPARTMENTAL REGULAR MATTERS
Planning Department
Urgency Ordinance Establishing a Moratorium to Prohibit the
7) Issuance of Approvals for the Operation of Adult Oriented
Adult Businesses Moratorium Businesses to Study Development Standards
Mayor Herfert introduced the item and Councilmember Spence
asked that staff also look into San Diego's law on the operation of
these types of businesses.
Motion Motion by Herfert and seconded by Toma to adopt the following
Urgency Ordinance:
Ordinance No. 2256 ORDINANCE NO. 2256 — AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, PROHIBITING THE ISSUANCE OF
APPROVALS FOR THE OPERATION OF ADULT ORIENTED
BUSINESSES IN THE CITY PENDING COMPLETION OF
STUDY AND REPORT BY THE PLANNING COMMISSION
PERTAINING TO THE REVIEW OF THE REGULATIONS
FOR SUCH USES, DECLARING THIS AN INTERIM ZONING
ORDINANCE, AND SETTING FORTH FACTS
CONSTITUTING THE SAME AS AN URGENCY ORDINANCE
Motion carried by 5 — 0.
SUCCESSOR AGENCY Mayor Herfert recessed the City Council meeting at 8:35 p.m. to
convene the Successor Agency meeting.
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City Council Minutes of February 04, 2014
The City Council meeting reconvened at 8:36 p.m. with all
members present.
MAYOR/COUNCILMEMBER REPORTS
8) Councilmember Mike Spence
Amendment to the City Council Authorized Benefits to Remove
Elimination of S Benefits California Public Employees' Retirement (Ca1PERS) Benefits for
to Councilmembbersers Future City Council Members
Councilmember Spence gave his reasons for requesting to
eliminate participation of Councilmembers in Ca1PERS and
suggested that the benefit be eliminated for part-time employees.
Councilmembers gave their views on receiving the
Ca1PERS benefit.
Motion Motion by Spence and seconded by Toma to amend City Council
authorized benefits to remove Ca1PERS benefits for future City
Council members..
Motion failed by the following vote:
AYES: Spence, Toma
NOES: Sykes, Warshaw, Herfert
9) Councilmember Corey Warshaw
Veterans' Memorial Veterans' Memorial Public Art Project
Councilmember Warshaw stated the Veterans' Memorial has been
in the works for a long time; addressed funds that have been raised
and requested use of Public Arts fund monies to complete the
project and supported the use of a consultant.
Community Services Director Chris Freeland gave a brief
report on the use of the consultant who is working with the
Planning Department and pointed out other well-known projects
the firm has produced for the City.
Councilmember Spence inquired about the amount of
money being set aside for the consultant's fee.
City Manager Chung replied that the consultant is not only
producing the design but the specifications and materials to be
used in the bid process and will be meeting with the VFW and staff
to come up with recommendations.
Discussion ensued regarding the use of a consultant, the
"grassroots" design concept proposed by the VFW for the
Memorial Wall and the use of Public Art funds.
Motion Motion by Warshaw and seconded by Sykes to 1) utilize $140,000
from the Public Arts fund for the Veterans' Memorial, include
other artwork and 2) retain a public art consultant for $10,000
utilizing Community Services Foundation Funds (Veterans
Memorial Account) to assist in implementing and completing a
design keeping in mind the VFW's conceptual design.
Motion carried by 5 — 0.
AB1234 CONFERENCE AND MEETING REPORT (verbal, if any)
Mayor Pro Tern Sykes reported that he attended a 2-day work shop
on cell towers for a better understanding of the need for this
service. He emphasized the need to accommodate this technology
while preserving aesthetics.
Councilmember James Toma reported that all three of the new
councilmembers attended the League of California Cities
conference for new mayors/councilmembers and spoke on some of
the featured topics. Councilmembers Spence and Warshaw also
reported on some of the topics they felt were very useful.
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City Council Minutes of February 04, 2014
COUNCILMEMBER COMMENTS
Councilmember Toma would like to bring attention to the local
students from Edgewood High School for their achievement and
hard work at the recent prestigious County Decathlon.
Mayor Herfert announced upcoming grand openings and the West
Covina Lions Club Night on the Town event and asked that the
City co-sponsor the event as has been done in the past.
Councilmember Warshaw requested a report on televising Council
meetings on Cable TV.
ADJOURNMENT Motion by Herfert and seconded by Warshaw to adjourn the
meeting at 9:15 p.m. in memory of Georgia Jennings, wife of
former Councilmember/Mayor Dick Jennings.
Submitted by:
Assistant City Clerk Susan Rush
Col