03-04-2014 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
March 04, 2014
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:06 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Officer Jeff Mosley .
West Covina Police Department
PLEDGE OF ALLEGIANCE Councilmember Mike Spence
ROLL CALL Mayor Herfert, Mayor Pro Tern 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.
Item on the City Council/Successor Agency agenda:
Conference with Legal Counsel — Existing Litigation — City
of West Covina/Successor Agency of the Former West Covina
Community Development Commission vs. Ana J. Matosantos —
City Attorney Alvarez-Glasman reported that all
Councilmembers/Boardmembers were present except
Councilmember/Boardmember Toma who did.not participate as he
is employed by the California Attorney General's Office and the
California Attorney General's Office represents the matter
concerning the Department of , Finance. The City
Council/Successor Agency Board received a briefing from the City
Attorney's Office and Counsel for the Successor Agency after
which the City Council/Successor Agency authorized an appeal of
the decision by the Superior Court in the County of Sacramento by
unanimous vote of the four Council/Successor Agency
Boardmembers present — Spence, Sykes, Warshaw and Herfert.
CHANGES TO THE AGENDA
PRESENTATIONS
March 3, 2014 Special Meeting
March 4, 2014 Adjourned Special Meeting `
Items on the March 3, 2014 and March 4 Adjourned
Special Meeting of the City Council/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; In re Hassen Imports Partnership, Debtor,
United States District Court Case No. 2:13-cv-07532-CAS - City
Attorney Alvarez-Glasman reported that the matter on the March 3
meeting was adjourned to Tuesday, March 4, 2014. This matter
was not discussed tonight and will be carried over for discussion
following the regular City Council meeting.
No changes.
Mayor Herfert called forward Luanne Arredondo, Recreation
Services Volunteer of the Year and Les Leufroy, Community
Services Volunteer of the Year, to be recognized and receive
Certificates of Recognition.
City Council Minutes of March 04, 2014
Mayor Herfert called forward Craig Michaels, Edgewood High
School Teacher, to introduce the students on the Edgewood High
School's Academic Decathlon Super Quiz held at the University of
Southern California Galen Center on February 1, 2014.
ORAL COMMUNICATIONS
Forrest Wilkens Forrest Wilkens, West Covina resident, addressed concealed
weapons permits and Council's previous action to ban weapons in
the Council Chambers; addressed campaign contributions and
previous donations to Councilmembers from one company
supporting changes in campaign contributions.
Shirley Buchannan Shirley Buchannan, West Covina resident, announced that Carolyn
Arndt was selected as the 2014 Women of Achievement and
requested the City's recognition; addressed the court decision
regarding the Successor Agency/City of West Covina vs.
Matosantos requesting the City stop appealing.
James Grivich James Grivich, West Covina resident, addressed prioritizing
Council goals and objectives and the City's general plan;
addressed new housing development near Vincent Avenue south of
the freeway and the impact of traffic congestion.
Virgilio Benitez Virgilio Benitez, West Covina resident, addressed the issue of
broken fences in the Shadow Oak area.
Royall Brown Royal Brown, West Covina resident, addressed the jeep dealership
at the location of Clippinger Chevrolet; addressed increased
Graffiti in the area of Aroma Drive.
Eric Hunter Eric Hunter, West Covina resident, spoke of Walter Thurman III,
graduate of West Covina High School and 2005 CIF Champion,
who played for the Seattle Seahawks in the Super Bowl and
requested a temporary billboard to recognize him.
Melissa Cosano Melissa Cosano, representing the East San Gabriel Valley Japanese
Community Center, requested a fee waiver of temporary use and
fire permits for the Cherry Blossom festival on March 29, 2014.
Carolyn Arndt Carolyn Arndt, West Covina resident, requested the City Council
address the City's need to replace the City Attorney; invited all to
the Marriott Inn in Baldwin Park to a workshop regarding the
City's General Plan.
Chris Alturas Chris Alturas, West Covina resident, invited the City to establish a
sister city with his home city in the Philippines.
Angie Gillingham Angie Gillingham, West Covina resident, appealed to the Council
not to accept or make changes regarding agenda Item 14, Permits
to Carry Concealed Weapons, giving her reasons.
Karen Nutt Karen Nutt, Executive Director of Parents Place, addressed agenda
Item 4 regarding the fee waiver for their upcoming event at Cortez
Park.
John Solis John Solis, West Covina resident, addressed the mid -year budget
review and the reserve of funds for the $12 million that the
City/Successor Agency was denied by the State; supported change
in the City Attorney services; suggested the review of campaign
contributions to include community members and a new city
attorney, if a change takes place.
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City Council Minutes of March 04, 2014
Lloyd Johnson Lloyd Johnson, West Covina resident, stated he hasn't received
information requested at the previous meeting, requested a copy of
the agreements between the City and Alvarez-Glasman and Squires
and Sanders; expressed support for the RFP for City Attorney
services and for review of campaign contributions; addressed the
dealerships' lawsuit; the lawsuit against the State and concern for
costs and the ability to maintain fire and police services.
Colleen Rozatti Colleen Rozatti, West Covina resident and president of West
Covina Beautiful; thanked all who attended the recent dinner.
Elsie Messman Elsie Messman, West Covina resident, addressed concerns with
City finances and costs due to lawsuits.
Phil Kaufman Phil Kaufman, West Covina resident, addressed upcoming health
care information workshop on March 31; addressed concealed
weapons permits and the recent court decision; addressed
fundraiser by Macy's Inc. to benefit Walmerado Park.
John Shewmaker John Shewmaker, West Covina resident, addressed the recent court
decision between the City and the Department of Finance and
whether the City can sustain loss of funds and continue to operate;
supported community input regarding campaign reform; addressed
the RFP for City Attorney services; and addressed costs of
litigation.
Lola Finley Lola Finley, West Covina resident, requested clarification of
several items on the agenda; requested a power washer for the
graffiti contractor for use in removing graffiti; addressed an article
in Discover West Covina regarding school district issues.
Steve Bennett Steve Bennett, West Covina resident, spoke in support of the
Second Amendment and concealed weapons permits.
City Manager Chung addressed several concerns brought forth by
residents including the recent court decision regarding the $12.2
million explaining how this matter is being handled.
CONSENT CALENDAR Items #S, 47, and #8 were pulled . from the Consent Calendar . for
separate consideration.
Approval of Meeting Minutes (receive & file)
1) Minutes Special Council Meeting Minutes of February 4, 2014
Regular Council Meeting Minutes of February 4, 2014
Traffic Committee Meeting Minutes (accept & file)
2) Traffic Committee Meeting Minutes of February 18, 2014
L Request:
David Ly, Property Owner
That no parking on street sweeping days be implemented on the
south side of Robindale Avenue from Glendora Avenue to Wren
Way (private street) every Monday of each month from 12:00 p.m.
to 4:00 p.m. for street sweeping purposes.
Traffic Committee Recommendation:
That no parking on street sweeping days be implemented on south
side of Robindale Avenue from Glendora Avenue to Wren Way
(private street) every Monday of each month from 12:00 p.m. to
4:00 p.m. for street sweeping purposes.
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City Council Minutes of March 04, 2014
IL Request:
Rod Nourafshan, Property Manager
That commercial vehicles parking on the south side of Francisquito
Avenue from Sunset Avenue to easterly property line of the retail
center be prohibited and 220 feet of red curb between driveways be
installed.
Traffic Committee Recommendation:
That commercial vehicles parking on the south side of Francisquito
Avenue from Sunset Avenue to easterly property line of the retail
center be prohibited and 220 feet of red curb between driveways
and 55 feet of red curb to the east and west of the driveways.
City Manager's Office
3) Co -Sponsorship of East San Gabriel Valley Japanese Community
Cherry Blossom Festival Center Cherry Blossom Festival
Recommendation is that the City Council take the following
actions:
1. Approve the co-sponsorship of the East San Gabriel Valley
Japanese Community Center Cherry Blossom Festival on
March 29, 2014; and
2. Authorize the City Manager to waive the Temporary Use
Permit, fire permit fee, and park rental fee.
4) Co -Sponsorship of Parents' Place 22nd Annual Information Fair &
Parents' Place Fair & Festival Festival
1. Approve the co-sponsorship of the Parents' ' Place 22nd
Information Fair & Festival on April 27, 2014; and
2. Authorize the City Manager to waive the Temporary Use
Permit, fire permit fee, and park rental fee.
This item was pulled from the Consent Calendar for separate
consideration.
5) Letter of Opposition to Assembly House Resolution 29 (Gomez) —
Outsourcing of Public Services Related to Outsourcing of Public Services
Recommendation is that the City Council take the following
actions:
1. Oppose Assemblymember Jimmy Gomez' (51 st District)
Assembly House Resolution 29, which seeks to limit a city's
effort to address service delivery challenges by contracting out
various services; and
2. Instruct City staff to send a letter of opposition to Assembly
House Resolution 29 to the State representatives that serve the
City of West Covina
6) Co -Sponsorship of St. Christopher's Church's Carnival & Festival
St. Christopher's Carnival Recommendation is that the City Council take the following
actions:
1. Approve the co-sponsorship of St. Christopher's Church's
Carnival & Festival on April 11 - 13, 2014; and
2. Authorize the City Manager to waive the Temporary Use
Permit, fire permit fee, and park rental fee.
This item was pulled from the Consent Calendar for separate
consideration.
Community Services Department
7) Resolution Applying for Los Angeles County Park Funds for
Walmerado Park Playground Walmerado Park Playground
Recommendation is that the City Council take the following
actions:
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City Council Minutes of March 04, 2014
1. Adopt the following resolution, committing to match funds
provided by Los Angeles County and Macy's Inc. to build a new
playground at Walmerado Park:
Resolution No. 4 RESOLUTION NO. 4 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
COMMITTING THE USE OF FUTURE
2. Earmark up to $175,000 of future Park Development Fees for
the. construction of a new playground at Walmerado Park.
The following item was pulled from the Consent Calendar ,for
separate consideration.
Public Works
8) Renewal of the Citywide Lighting and Maintenance District and
Landscape Maintenance Districts Landscape Maintenance District Nos. 4, 6, 7 — Ordering of
Engineer's Reports
Recommendation is that the City Council adopt the following
resolutions:
Resolution No. 5 RESOLUTION NO. 5 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ORDERING THE CITY ENGINEER TO PREPARE AND FILE
A REPORT IN ACCORDANCE WITH PROPOSITION 218
AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING
AND LIGHTING ACT OF 1972," BEING DIVISION 15,
STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND
LIGHTING MAINTENANCE IN THE CITY OF WEST
COVINA, CALIFORNIA, FOR THE FISCAL YEAR
COMMENCING JULY 1, 2014 — WEST COVINA CITYWIDE
LIGHTING AND MAINTENANCE DISTRICT (2014-2015)
Resolution No. 6 RESOLUTION NO. 6 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 4 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 —
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 4 (2014-2015)
Resolution No. 7 RESOLUTION NO. 7 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ,WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 6 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 —
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 6 (2014-2015)
Resolution No. 8 RESOLUTION NO. 8 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 7 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND
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City Council Minutes of March 04, 2014
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 —
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 7 (2014-2015)
CONSENT CALENDAR ACTION Motion by Warshaw and seconded by Sykes to approval all items
listed on the Consent Calendar as presented except Item #5 - Letter
of Opposition to Assembly House Resolution 29 (Gomez) —
Related to Outsourcing of Public Services ; Item #7 — Resolution
Applying for Los Angeles County Park Funds for Walmerado
Park Playground; and, Item #8 - Renewal of the Citywide
Lighting and Maintenance District and Landscape Maintenance
Districts Nos. 4, 6, and 7 — Ordering of Engineer's Reports.
Motion carried by 5 — 0.
Item #S Letter of Opposition to Assembly House Resolution 29 (Gomez) —
Related to Outsourcing of Public Services
Councilmember Toma felt the subject matter of this resolution
would not have a significant `force of law' impact on the City and
did not feel it justified staffs time and efforts to bring it before
Council unless it would directly restrict the City in some way.
Motion Motion by Herfert and seconded by Spence to:
1. Oppose Assemblymember Jimmy Gomez' (51 S' District)
Assembly House Resolution 29, which seeks to limit a city's
effort to address service delivery challenges by contracting out
various services: and
2. Instruct City staff to send a letter of opposition to Assembly
House Resolution 29 to the State representatives that serve the
City of West Covina.
Motion carried by 3 -2 (Sykes, Toma — No).
Item #7 Resolution Applying for Los Angeles County Park Funds for
Walmerado Park Playground
Councilmember Toma inquired about publicizing the Fundraiser in
order to timely inform the public of what the City is doing and to
maximize the response to the fundraiser.
Community Services Director Chris Freeland provided a
brief report outlining what the City has been doing since January
and will continue to do. Macy's unveiled their campaign on March
51h and selected Walmerado Park and the City is planning a new
playground at the park and advertised through distribution of flyers
to baseball leagues, press releases, letters to businesses and City
clubs.
Councilmember Spence felt that Council should review the
use of Park Dedication fees during the Council's goal setting to
consider all of the City's projects and how the fees will be
distributed.
Mayor Pro Tern Sykes asked that the City thank Los
Angeles County Supervisor Gloria Molina of Los Angeles for her
assistance with this item.
Motion Motion by Sykes and seconded by Toma to approve the following:
Resolution No. 2014-4 1. RESOLUTION NO. 2014-4 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, COMMITTING THE USE OF FUTURE PARK
DEDICATION FUNDS FOR THE CONSTRUCTION OF A
NEW PLAYGROUND AT WALMERADO PARK
2. Earmark up to $175,000 of future Park Development Fees
for the construction of a new playground at Walmerado Park.
Motion carried by 5 — 0.
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City Council Minutes of March 04, 2014
Item #8 Renewal of the Citywide Lighting and Maintenance District and
Landscape Maintenance Districts Nos. 4, 6, and 7 — Ordering of
Engineer's Reports
Public Works Director Shannon Yauchzee provided a detailed
report describing the purpose of the maintenance districts and how
they fund a variety of public services such as the maintenance of
street trees, parks, medians, streets, traffic signals, and area
lighting. The matter tonight is the first step in preparing the budget
for these districts and then offered to answer any questions.
Director Yauchzee responded to questions regarding the
use of assessments and the repair of fences within the Maintenance
Districts.
Motion Motion by Herfert and seconded by Sykes to adopt the following
resolutions:
Resolution No. 2014-5 RESOLUTION NO. 2014-5 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ORDERING THE CITY ENGINEER TO PREPARE AND FILE
A REPORT IN ACCORDANCE WITH PROPOSITION 218
AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING
AND LIGHTING ACT OF 1972," BEING DIVISION 15,
STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND
LIGHTING MAINTENANCE IN THE CITY OF WEST
COVINA, CALIFORNIA, FOR THE FISCAL YEAR
COMMENCING JULY 1, 2014 — WEST COVINA CITYWIDE
LIGHTING AND MAINTENANCE DISTRICT (2014-2015)
Resolution No. 2014-6 RESOLUTION NO. 2014-6 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 4 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 —
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 4 (2014-2015)
Resolution No. 2014-7 RESOLUTION NO. 2014-7 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 6 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 —
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 6 (2014-2015)
Resolution No. 2014-8 RESOLUTION NO. 2014-8 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 7 LEVY AND COLLECTION OF
ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO
PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 —
WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 7 (2014-2015)
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City Council Minutes of March 04, 2014
Motion carried by 5 — 0.
PUBLIC HEARINGS
Public Hearing
9) Proposed Amendments to the FY2013-2014 Community
CDBG Action Plan 2013-14 Development Block Grant (CDBG) Action Plan
Mayor Herfert announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
Community Services Director Chris Freeland presented the staff
report detailing the allocation of CDBG funding and the services
that are provided to residents including housing, suitable living
environment, expanded economic opportunities, principally to low -
moderate income residents. A notice of the hearing and
amendments was published on January 31, 2014 calling for a 30-
day public comment period with no comments being received.
The City is requesting amendments to add two projects to the FY
2013-2014 Action Plan: improvements at Del Norte Park and a fire
alarm at the Senior Center. Freeland then responded to questions
by City Council.
Open testimony Mayor Herfert proceeded to open the public testimony portion of
the hearing calling for public comment.
Close testimony There being no one wishing to address Council, Mayor Herfert
closed the public comment portion of the hearing.
Motion Motion by Warshaw and seconded by Sykes to approve the
amendments to the FY 2013-2014 CDBG Action Plan as follows
and authorize appropriations necessary to implement the
amendments:
1. Add Project to Action Plan: Del Norte Park Improvements -
$65,000
2. Add Project to Action Plan: Senior Center Fire Alarm -
$30,000
Motion carried by 5 — 0.
10) Public Hearing
FY 2014-2015 CDBG Action Plan Authorization to Draft the FY 2014-2015 Community
Development Block Grant (CDBG) Action Plan
Mayor Herfert announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
Community Services Director Freeland presented the staff report
explaining that the City receives an annual grant of CDBG funds
from the U.S. Dept. of Housing and Urban Development (HUD)
with the objective of developing and providing housing and
various public services. HUD requires the City to develop an
annual Action Plan that details how the City plans to use the funds.
He noted that funding had been reduced yearly and a 2% decrease
is expected for the upcoming year. In order to comply with the
required adoption of the Action Plan, staff plans to draft the Plan
preliminarily until grant allocations have been determined. The
draft will be available for a 30-day public review starting in March
and subsequently, will be presented to the City Council for
consideration at a public hearing on May 6, 2014. The approved
Action Plan is due to HUD by May 15. He then offered to answer
questions.
Open testimony Mayor Herfert proceeded to open the public testimony portion of
the hearing calling for public comment.
City Council Minutes of March 04, 2014
Royall Brown, West Covina resident, inquired whether the Senior
Center fire alarm system was included in the funding for repairs.
Mayor Herfert and Community Services Director Freeland
responded that it was included.
Close testimony There being no one wishing to address Council, Mayor Herfert
closed the public comment portion of the hearing.
Motion Motion by Spence and seconded by Sykes to direct staff to develop
a draft FY-2014-2015 CDBG Action Plan, based on the needs and
priorities previously identified in the 2010-2015 Consolidated
Plan.
Motion carried by 5 — 0.
Public Hearing
Code Amendment No. 13-05
11) Donation Drop Boxes
Donation Drop Boxes General Exemption
Mayor Herfert announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
Planning Director Jeff Anderson provided a staff report explaining
that the Planning Commission initiated Code Amendment No. 13-
05 to consider amending the Municipal Code to establish standards
for donation drop boxes and address the proliferation of these types
of collection facilities in the City. He addressed unmanned drop
boxes and the issues that arise such as graffiti and debris piled
around the boxes causing blight in the locations where they are
placed. Currently, the Municipal Code does not specifically define
them but they can be classified as "small collection facilities"
which requires the approval of an administrative use permit and are
only allowed on properties with markets greater than 30,000 square
feet. Anderson then outlined the Planning Commission's
recommended proposed code amendment and standards, for the
City Council's approval, which would only allow for attended
facilities with the approval of an administrative use permit. He
then offered to answer questions.
Council discussion Council discussed concerns of allowing profits versus non -profits.
Anderson responded to their questions.
Council gave direction to draft standards to not allow for
profit drop boxes.
Open testimony Mayor Herfert proceeded to open the public testimony portion of
the hearing calling for public comment.
Lola Finley, West Covina resident, requested that location of boxes
be established to diminish visibility and limit the number of boxes
in the City.
Corliss Roenicke, West Covina resident, supports permanent
permits for churches and charitable organizations.
Fred Dominquez of Hope Services, addressed benefits from
proceeds of the goods donated.
Ben Wong, West Covina resident, expressed concerns that added
standards create more issues.
Close testimony There,being no one else wishing to address Council, Mayor Herfert
closed the public comment portion of the hearing.
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City Council Minutes of March 04, 2014
Motion Motion by Spence and seconded by Sykes to return the Ordinance
to the Planning Commission to 1) incorporate language regarding
standards for religious locations, 2) not allow for -profit drop
boxes.
Motion carried by 5 — 0.
Public Hearing
Urgency Ordinance Establishing a Moratorium to Prohibit the
12) Issuance of Approvals for the Operation of Adult Oriented
Urgency Ordinance — Moratorium Businesses to Study Development Standards and Providing a
on Adult Businesses Progress Report on the Code Amendment Under Consideration
Mayor Herfert announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
Planning Director Jeff Anderson gave a concise report beginning
with the City Council's adoption of an ordinance establishing a 45
day moratorium which will expire in March prohibiting approvals
for the operation of adult oriented businesses. Because the
Municipal Code standards were last reviewed in 1996 and have not
been reviewed since, it is appropriate to adopt an extension of the
moratorium that will extend it until February 24, 2015 to allow for
consideration of the adequacy of the standards.
The Planning Department staff has established an orderly
timeline for review and consideration of all the findings that will
include the City Attorney's determination of any changes required
due to changes in law as well as legal precedents over the last two
decades. Staff will research requirements of other jurisdictions to
allow for comparison with the current City's standards. The
Planning Commission will then review the information and
conduct study sessions and, based on their input, staff would
prepare amendments to the City's current Code standards to be
presented at a public hearing to the Planning Commission and then
their recommendation would be provided at a public hearing to the
City Council for their review and approval. Anderson then offered
to answer questions.
Open testimony Mayor Herfert proceeded to open the public testimony portion of
the hearing and called for public comments.
Lloyd Johnson, West Covina resident, spoke in support of the
moratorium.
Lola Finley, West Covina resident, spoke in opposition to adult
oriented businesses in the city.
Shirley Buchannan, West Covina resident, spoke in opposition to
adult oriented businesses and felt police officers could be better
utilized in residential neighborhoods.
Motion Motion by Sykes and seconded by Warshaw to adopt the following
ordinance to extend the moratorium regarding Adult Oriented
Businesses:
Ordinance, No. 2257 ORDINANCE NO. 2257 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
EXTENDING A MORATORIUM FOR AN ADDITIONAL
PERIOD OF TEN MONTHS AND FIFTEEN DAYS,
PROHIBITING THE ISSUANCE OF APPROVALS FOR THE
OPERATION OF ADULT ORIENTED BUSINESSES TO
STUDY DEVELOPMENT STANDARDS PENDING
COMPLETION OF STUDY AND REPORT BY THE
PLANNING COMMISSION PERTAINING TO THE PROPER
CONDITIONS AND REGULATIONS FOR SUCH USES,
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City Council Minutes of March 04, 2014
DECLARING THIS AN INTERIM ZONING ORDINANCE,
AND SETTING FORTH FACTS CONSTITUTING THE SAME
AS AN URGENCY ORDINANCE
Motion carried by 5 — 0.
RECESS Mayor Herfert recessed the City Council meeting at 9:39 p.m. The
City Council reconvened at 9:45 p.m. with all present.
DEPARTMENTAL REGULAR MATTERS
Finance and Administrative Services Department
13) Fiscal Year 2013-14 Mid -Year Budget Review
Mid -Year Budget Review Mayor Herfert announced the subject matter and Finance and
Administrative Services Director McKay provided an overview of
the Mid -Year 2013-2014 Fiscal Year Budget. A PowerPoint
presentation was also used to identify an overview of General Fund
revenues and expenditures and their projections stressing that
increases in expenditures were due to pension cost increases. She
outlined revenues, where savings have been attained and reviewed
the recommended budget adjustments explaining necessary
expenditures including repairs to the West City Hall elevator, City
Hall air duct cleaning, and advertising costs for City transportation
services. McKay outlined and explained all increases in
expenditures and their offset by increases in revenues and
recommended that the City Council begin to consider setting aside
monies for a financial sustainability/emergency reserve to protect
the City's essential service programs and funding requirements
during periods of economic downturn or other unanticipated or
emergency expenditures, but said these funds will probably be
greatly decreased due to the loss of the lawsuit to the State and the
need to return $11.5 million. In conclusion, she summarized the
fiscal impact as outlined in the report and offered to answer
questions.
Council discussion Councilmembers inquired as to the reimbursement to the State and
possibly using Property tax revenues; investments made through
loans to the former Redevelopment Agency; staffing levels and the
budget; review of needs in Fire and Police before recruiting.
City Manager Chung responded to their questions.
Motion Motion by Toma and seconded by Sykes to approve the following:
1. Receive and file the Fiscal Year 2013-14 Mid -Year Budget
Report;
2. Approve increases to General Fund Estimated Revenues as
detailed in Attachment No. 10 to the report; and
3. Approve increases to General Fund Appropriations
(Expenditures) detailed in Attachment No. 10 to the report.
Motion carried by 5 - 0
MAYOR/COUNCILMEMBERS REPORTS
Councilmember Mike Spence
14) Permits to Carry Concealed Weapons CCW
Concealed Weapons Permits Councilmember Spence had several questions regarding the details
in the staff report on defining standards under which a permit may
be issued and the inference in the staff report of not following the
law. Pointed to details that he said were inaccurate referencing the
Ninth Circuit Court of Appeals decision.
Councilmember Toma raised a question regarding the
recent ruling and whether a "stay" of the matter had been issued.
City Attorney Alvarez-Glasman replied that his information
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City Council Minutes of March 04, 2014
was that the ruling has been stayed and not binding on any
agencies.
Chief of Police Faulkner addressed Councilmember
Spence's concerns and responded to questions.
Motion Motion by Spence and seconded by Warshaw to take no action.
Motion carried by 5 — 0.
Councilmember James Toma
15) City Attorney Request for Proposals — General & Successor City
Attorney RFP Agency Counsel, and Litigation Services
Councilmember Toma introduced the subject matter and expressed
concerns with certain requirements in the RFP regarding staffing
information that should be more specific to only those lawyers who
will work with the City, and having to provide information on all
public and private clients for the past five years which would be
burdensome. He felt a more relevant request would be to provide
information regarding clients with potential conflict of interest
including public clients.
Motion Motion by Toma and seconded by Sykes to direct staff to produce
the City Attorney Request for Proposal with the changes discussed
regarding V.2 and V.3.
Motion carried by 5 — 0.
16) Councilmember Corey Warshaw
Review of West Covina Municipal Code, Section 2-400 to 2-405 —
Campaign Contributions Campaign Contributions
Councilmember Warshaw stated he would like to carry this matter
over to a future meeting due to the late hour; would like getting
public input; would like to address limiting organizations or
businesses that may give the impression they are trying to control
votes.
Councilmember Spence addressed items that cannot be
controlled such as independent expenditures and people donating
their own money. He suggested looking at the State regulations of
establishing spending limits.
Mayor Herfert inquired about enforcement of violations to
local campaign laws. Councilmembers engaged in lengthy
discussion regarding the variety of changes and their possible
outcomes.
Councilmembers agreed by consensus to carry the item
over to gather information and do research on the subject matter to
bring back for Council's consideration and discussion.
CITY COUNCIL REQUEST FOR REPORTS, STUDIES OR INVESTIGATION
Mayor Pro Tem Fredric k Sykes
Request from Mayor Pro Tern Fredrick Sykes Requesting the City
Council to Instruct City Staff to Initiate a Code Amendment to
Prohibit Medical Marijuana Dispensaries and to Prepare an
17) Medical Marijuana Dispensaries Urgency Ordinance Establishing a Moratorium on Such Uses
Mayor Pro Tern Sykes introduced the subject matter suggesting it
would be in the City's interest to prevent issues from arising in the
City due to this type of activity and requested that a moratorium be
approved.
Councilmember Spence expressed a concern that, should it
be illegal to ban these dispensaries, West Covina can develop and
have in place a plan that would take effect immediately should the
ban be deemed illegal.
Mayor Pro Tern Sykes preferred having a law in place and
gave an example of the grandfathering of a law to regulate alcohol
being sold in gas stations.
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City Council Minutes of March 04, 2014
City Manager Chung suggested staff would recommend a
moratorium in order to get direction from the Planning
Commission to present for council's consideration.
Motion Motion by Sykes and seconded by Toma to bring back a
moratorium on medical marijuana dispensaries.
Motion failed by 2 — 3 (Spence, Warshaw, Herfert — No).
Planning Director Anderson restated the recommendation
for initiation of a code amendment and a moratorium.
Councilmember Spence felt a moratorium was not
necessary.
Motion Motion by Herfert and seconded Warshaw to bring back a report
with options, including a moratorium.
Motion carried by 5 — 0.
CITY COUNCIL COMMENTS
Mayor Pro Tern Sykes announced the Macy's Shop till You Drop
event beginning March 7 to raise funds for Walmerado Park
improvements.
Councilmember Warshaw wanted to address a comment
regarding the use of Public Arts funds being used for the Veterans'
Memorial were not tax dollars, but were fees collected from
developers.
Mayor Herfert addressed the ongoing need to replace the
Corey Lidle statue that was damaged recently.
ADJOURNMENT Motion by Spence to adjourn the meeting at 11:10 p.m. in memory
of Norma Marx, a resident and Woman's Club member and, Police
Commander Murray's father in-law who passed away recently.
Motion carried by 5 - 0.
Reconvene City Attorney Alvarez-Glasman reconvened the City
Council Adjourned Special Meeting of March 3, 2014 to the City
Manager's Conference Room to discuss the City of West Covina
vs. Hassen Imports Partnership and all cases related thereto.
Submitted by: , ,
AssistantC iy-C.lerk Susan -Rush
Mayo to
Herfert
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