08-19-2014 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
August 19, 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
PLEDGE OF ALLEGIANCE
ROLL CALL
Pastor Kelly Dupee
Faith Community Church
Councilmember Warshaw
Mayor Herfert, Mayor Pro rem Sykes
Councilmembers Spence, Toma, Warshaw
INTRODUCTION Mayor Herfert announced that the City Council had met in closed
session and appointed a new City Attorney and introduced
Kimberly Hall Barlow of Jones & Mayer as the West Covina's
City Attorney.
REPORTING OUT FROM CLOSED SESSION
City Attorney Kimberly Hall Barlow reported the
following:
Seven items were on the closed session agendas with one
item being continued. Discussion and direction was provided.
[Closed session items on the City Council agenda were as follows:
Conference with Labor Negotiators - City Negotiators:
Chung, McKay — Confidenlial Employees, Maintenance & Crafts
Employees, Non -Sworn Safety Support Employees, W.C. Police
Management Association, W.C. Fireftghters'Association, LA.FF,
Local 3226, General Employees, Mid -Management Employees,
W. C. Police Officers Association, W. C. Firefighters' Management
Association
Conference with Legal Counsel — Existing Litigation —
Coalilion for Land Use Equity (CLUE) vs. City of West Covina
Conference with Legal Counsel — Existing Litigation - Case
Number: BC491349 — Slate of California v. 940-970 Lakes Drive
Holdings, LLC, et al.
Conference with Real Negotiators — Property at 2121 E.
Shadow Oak Drive — Verizon Wireless
Public Employee Performance Evaluation — Title. City
Manager
Closed session items on both the City Council and Successor
Agency agendas were as follows:
Conference with Legal Counsel — Existing Litigation —
Successor Agency to the Former West Covina Community
Development Commission vs. Ana J. Matosantos
Conference with Legal Counsel — Anticipated Litigation -
One Matter]
CHANGES TO THE AGENDA City Manager Chung announced that he was pulling Item #16 off
of the Agenda -Municipal Staffing Agreement with MuniTemps
Municipal Staffing Solutions.
City Manager Chung introduced Interim Public Works Director
Chris Vogt who gave a brief background of his experience.
City Council Minutes of August 19, 2014
PRESENTATIONS Mayor Herfert called forward Karlene Morris with Friends of the
Taylor House to receive a certificate and the Adopt A Park sign for
their work to help maintain Heritage Park.
Mayor Herfert called forward Eddie Ireifej, owner of the West
Covina Del Taco on Azusa at Amar who presented a check to the
City's Community Services Foundation and he received a
certificate of recognition for his support of the community.
Mayor Herfert called forward Reymundo Trejo, of the Upper San
Gabriel Valley Municipal Water District to provide a short
presentation on current programs offered by the District.
ORAL COMMUNICATIONS
Forrest Wilkens Forrest Wilkens, West Covina resident, addressed stray shopping
carts throughout the City and benefits of locked shopping cart
devices at stores.
Philip Moreno Philip Moreno, West Covina resident, addressed cell towers in the
City parks stating citizens do not want the cell towers in city parks.
Monica Farias Monica Farias, presented the City Council with a plaque on behalf
of the Greater West Covina Association for their partnership with
the summer concert series.
Herb Redholtz Herb Redholtz, West Covina resident, expressed his pleasure with
the new city attorney; with new development in the city; that the
city is getting back on track; addressed councilmember requests
listed on the agenda expressing both his support and/or opposition
of the three items.
Gary Gileno Gary Gileno, West Covina resident, addressed Marshall Law and
cited various examples that were in the news.
William Elliott William Elliott, West Covina resident, addressed the Police
Department's recent procurement of an MRAP vehicle as
excessive and a weapon of war; made suggestions for better
monitoring of speeding traffic, and suggested that the MRAP
vehicle be returned as unnecessary in a city like West Covina.
Lloyd Johnson Lloyd Johnson, West Covina resident, thanked the Council and
staff for publishing an article regarding Alzheimer's in the
Discover West Covina; inquired about Item # 8 [special counsel
agreement] and wanted to know the timeframe of this agreement
and whether it was an open-ended agreement, spoke in support
Item #24 regarding the death penalty and Item 425 regarding
moratorium on specific plans
Shirley Buchannan Shirley Buchannan, West Covina resident, addressed the recent
Historical Society's recognition of Carolyn Arndt as Citizen of the
Year; announced the upcoming West Covina Improvement
Association's "Meet the Police Chief' event on September 25°i at
the West Covina Bowling Alley and in October, the Association
will be at Galster Park cleaning up the park.
Gail Zauss Gail Zauss, West Covina resident, opposed cell towers in parks,
addressed City -related health risks; and addressed stray shopping
carts.
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City Council Minutes of August 19, 2014
Bruce Leinbach Bruce Leinbach, West Covina resident, announced local sports
activities; expressed support for the appointment of a new city
attorney.
Sandra Taylor Sandra Taylor, West Covina resident, thanked Police Officer Amis
and Community Services Officers for their assistance in helping a
resident; requested some assistance from the City with repairs and
working with a contractor.
Mayor Pro Tem Sykes addressed speakers concerns and the
utilization of a new West Covina phone application through which
residents can report stray shopping carts, graffiti and other issues.
City Manager Chung addressed the use of the phone application
for reporting various issues and stated he would meet with
speakers who requested information.
City Attorney Barlow addressed speakers concerns regarding
special counsel retainer agreement.
Mayor Herfert addressed speakers' rights to speak under oral
communications and spoke in support of the West Covina Police
Department.
Councilmember Spence spoke of his recent police ride along.
CONSENT CALENDAR Councilmember Warshaw requested that Item 7 — Treasurer's
Report, Item 8 — Approve of Special Counsel Retainer Agreement
to Alvarez-Glasman & Colvin for the Purpose of Completing
Certain Pending Legal Projects, Items 9, 10, 11 Cell Tower Lease
Agreements at Del Norte Park; Palmview Park ; Walmerado Park
be pulled from the consent calendar for separate consideration.
Councilmember Toma requested that Item 12 - Discover West
Covina Newsletter and Item IS - Prop A Fund Exchange — City of
Industry be pulled from the Consent Calendar for separate
consideration.
Approval of Meeting Minutes (receive & file)
1) Minutes Special City Council Meeting Minutes of May 28, 2014
Regular City Council Meeting Minutes May 28, 2014
Regular City Council Meeting Minutes of June 3, 2014
Commission Summary of Actions
2) Community/Senior Commission Summary of Action of May 13, 2014
3) Planning Commission Summary of Actions of August 12, 2014
Claims Against the City
4) Government Tort Claim Denials (deny & notify claimant)
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.
• Richard Lozano vs. City of West Covina
• Eugene Carson III vs. City of West Covina
• Radha Zaidi vs. City of West Covina
• Ruben Mapaya vs. City of West Covina
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City Council Minutes of August 19, 2014
Ordinances for Adoption
5) Code Amendment No. 13-05
Donation Drop Boxes General Exemption
Recommendation is that the City Council waive further reading
and adopt the following ordinance:
Ordinance No. 2263 ORDINANCE NO. 2263 — 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 DONATION
DROP BOXES
6) Traffic Committee Meeting Minutes (accept & file)
Traffic Committee Minutes Traffic Committee Meeting Minutes of July 15, 2014
L Request:
Jesus Barraza, West Covina Resident
That parking on the south side of Idahome Street at 1402 East
Idahome Street be restricted to permit only parking.
Traffic Committee Recommendation:
That parking on the south side of Idahome Street at 1402 East
Idahome Street be restricted to permit only parking.
IL Request:
Thomas Lew, West Covina Resident
That no parking on street sweeping days be implemented on
Altamira Circle from Altamira Drive to the end of the street
sweeping days.
Traffic Committee Recommendation:
That no parking on street sweeping days be implemented on
Altamira Circle from Altamira Drive to the end of the street
sweeping days.
This item was pulled ,from the Consent Calendar for separate
consideration.
7) Treasurer's Report (receive & file)
City Treasurer's Report City Treasurer's Report for the Quarter Ended .Tune 30, 2014
This item was pulled from the Consent Calendar for separate
consideration.
City Attorney's Office
Approve of Special Counsel Retainer Agreement to Alvarez-
Glasman & Colvin for the Purpose of Completing Certain Pending
8) Legal Projects
Special Counsel Retainer AG&C Recommendation is that the City Council approve a special
counsel retainer agreement to Alvarez -Gasman & Colvin
("AG&C") for the purpose of completing several pending projects
and to facilitate a smooth and cost saving transition to the new City
Attorney.
This item was pulled from the Consent Calendar for separate
consideration.
Community Service Department
9) Cell Tower Lease Agreement — Del Norte Park
Del Norte Park Cell Tower Recommendation is that the City Council approve the lease
agreement between the City of West Covina and Verizon Wireless
for a cell tower at Del Norte Park.
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City Council Minutes of August 19, 2014
This item was pulled from the Consent Calendar for separate
consideration.
10) Cell Tower Lease Agreement — Palmview Park
Palmview Park Cell Tower Recommendation is that the City Council approve the lease
agreement between the City of West Covina and Verizon Wireless
for a cell tower at Palmview Park.
This item was pulled from the Consent Calendar for separate
consideration.
11) Cell Tower Lease Agreement— Walmerado Park
Walmerado Park Cell Tower Recommendation is that the City Council approve the lease
agreement between the City of West Covina and Verizon Wireless
for a cell tower at Walmerado Park.
This item was pulled from the Consent Calendar for separate
consideration.
12) Discover West Covina Newsletter
Discover West Covina Recommendation is that the City Council approve the following
actions:
1. Authorize Sari Art & Printing to print the twelve (12)-page
Discover West Covina Newsletter for Fiscal Year 2014-2014,
at a cost not to exceed $39,591:
2. Approve the two (2) year agreement with Gary Lawson to
solicit advertisements for the Discover West Covina
Newsletter; and
3. Appropriate $8,250 in Non -General Funds to further reduce the
General Funding of the Discover West Covina Newsletter, as
follows:
• $3,800 from Integrated Waste Management Fund Balance
(120) into Public Works Account 120.41.4187.6167; and
• $2,300 from Waste Diversion/AB 939 (129) into Public
Works Account 129.41.4188.6767; and
C $2,150 from Used Oil Block Grant (149) into Public Works
Account 149.41.4180.6167.
Utilize the State of California of California's Contract for the
13) Purchase of Raw Food and Miscellaneous Food Supplies for the
Senior Meals Food Supplies Senior Center Meals Proeratn
Recommendation is that the City Council take the following
actions:
Confirm the Finance and Administrative Services
Department/Purchasing Officer's findings that the purchase of
raw foods and miscellaneous food supplies under State of
California Contract No. 05-13-89-15, for the Senior Center
satisfies West Covina's bid process, in accordance with
Municipal code Chapter 2, Article VII, division 2, Sec. 2-333 (i)
(2); and
2. Authorize the City of West Covina to enter into a purchase
agreement with Performance Foodservice and U.S. Foods, Inc.
for raw foods and miscellaneous food supplies for the Senior
Center, not to exceed the amount approved by the City Council
in the annual City of West Covina Adopted Budget, until
November 24, 2015, unless the State of California awards or
extends the agreement with either vendor.
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City Council Minutes of August 19, 2014
14) Finance and Administrative Services
Minimum Wage State Minimum Wage Adjustments
Recommendation is that the City Council:
1. Approve wage adjustments for four positions to comply with
the State minimum wage and three additional positions to
address compaction.
2. Adopt the following resolution: .
Resolution No. 2014-35 RESOLUTION NO. 2014-35 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ADJUSTING THE COMPENSATION OF
CLASSIFICATIONS WITHIN THE LIMITED SERVICE
CLASSIFICATIONS AND AMENDING RESOLUTION
NUMBER 2006-98
This item was pulled ,from the Consent Calendar for separate
consideration.
15) Prop A Fund Exchange=City of Industry
Prop A Fund Exchange — Industry Recommendation is that the City Council approve the agreement
authorizing the sale of Proposition A funds to the City of Industry
and authorize the Mayor to execute the agreement.
This item was pulled off the Consent Calendar under Changes to
the Agenda by the City Manager
16) Municipal Staffing Agreement with Muni -Temps Municipal
Muni -Temps Staffing Agreement Staffing Solutions
Recommendation is that the City Council authorize the Mayor to
sign the Municipal Staffing Agreement with MuniTemps
Municipal Staffing Solutions (MuniTemps) for the City's
professional staffing needs during the upcoming fiscal year for a
not to exceed amount of $150,000.
Planning Department
17) Consideration of Ordinance and Resolution Rescinding Project
Bella Vista Specific Plan Approvals for Bella Vista Specific Plan
Recommendation is that the City Council:
1. Introduce and waive further reading of the following
ordinance repealing Ordinance No. 2248 (approving Zone
Change No. 13-01):
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, REPEALING ORDINANCE
NO. 2248
2. Adopt the following resolution setting aside and vacating the
project approvals previously approved by the Planning
Commission and City Council relating to the Bella Vista
Specific Plan:
Resolution No. 2014-36 RESOLUTION NO. 2014-36 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING ASIDE AND VACATING PLANNING
COMMISSION RESOLUTIONS NO. 13-5516, 13-5517, 13-5518,
13-5519, 13-5520, AND CITY COUNCIL RESOLUTIONS NO.
2013-53 AND 2013-54
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City Council Minutes of August 19, 2014
Public Works
18) Maintenance of Heating, Ventilation, and Air Conditioning
HVAC Contract Extension Equipment Five Year Contract Extension
Recommendation is that the City Council authorize the Mayor to
approve a five-year contract extension with Allison Mechanical in
the amount of $110,200 to provide heating, ventilation, and air
conditioning (HVAC) maintenance services at City facilities with
no additional changes to the terms of the contract which allows for
an annual Consumer Price Index (CPI) increase.
19) Sale of Surplus Vehicles and Equipment
Surplus Vehicles & Equipment Recommendation is that the City Council authorize the sale of the
surplus vehicles and equipment listed by public auction company,
US Auctions, in accordance with Section 2-316 of the West
Covina Municipal Code.
20) Authorization for the Purchase of One Loader Backhoe
Loader Backhoe Purchase (Proiect No. VP-14703)
Recommendation is that the City Council take the following
actions:
1. In accordance with the West Covina Municipal Code Section
2-333 (i) (2), find that the City of Los Angeles Bid I I I-I11,
PO # 4500252831 for the purchase of one loader backhoe
satisfies the West Covina's bid process, and authorize the
Mayor and City Clerk to execute the contract with Sonsary
Machinery, LLC of Santa Fe Springs, California, for the
purchase of one loader backhoe.
2. Appropriate funds from CIP Proiect No. 14703 in the amount
of $54,345.78 from 124.87.8430.7170 (Gas Tax Funds) and
$54,354.79 from 189.87.8430.7170 (Sewer Funds) for a total
of $108,691.57 including tax and delivery.
CONSENT CALENDAR MOTION Motion by Warshaw and seconded by Herfert to approve all items
listed on the Consent Calendar as presented except, Item 97 — City
Treasurer's Report for the Quarter Ended June 30, 2014; Item #8
— Approve of Special Counsel Retainer Agreement to Alvarez-
Glasman & Colvin for the Purpose of Completing Certain Pending
Legal Projects; Item 9 — Cell Tower Lease Agreement — Del
Norte Park; Item 10 — Cell Tower Lease Agreement — Pabnview
Park, Item 11 — Cell Tower Lease Agreement — Walmerado Park;
Item 12 — Discover West Covina Newsletter; Item 15- Prop A
Fund Exchange — City of Industry.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: Spence (No — Item No. 5)
Item #7 City Treasurer's Report for the Quarter Ended June 30, 2014
Councilmember Warshaw requested to see the ending figures of
the Treasurer's Report of the past year for the same time period to
compare to this year and determine if the City is doing better or
not.
Motion Motion by Warshaw and seconded by Toma that the ending figures
of the Treasurer's Report of the past year for the same time period
be provided to Council.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
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City Council Minutes of August 19, 2014
Item #8 Approve of Special Counsel Retainer Agreement to Alvarez-
Glasman & Colvin for the Purpose of Completing Certain
Pending Legal Projects
Councilmember Warshaw has concerns with approving the
agreement before knowing what legal matters will be handled by
this firm and setting compensation higher than the previous
agreement.
City Attorney Barlow replied that due to the termination of
the firm, an agreement needs to be in place that sets forth their
obligations and fees before the cases are assigned. She stated she
will be working with the City Manager to determine what matters
the legal firm will handle.
Motion Motion by Spence and seconded Sykes to approve the agreement
until the next Council meeting when information on which legal
matters will continue with special counsel is available and then
bring it back to Council for their review and consideration.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Item # 9 Cell Tower Lease Agreement — Del Norte Park
Item # 10 Cell Tower Lease Agreement — Palmview Park
Item #11 Cell Tower Lease Agreement — Walmerado Park
Councilmember Warshaw opined that the money generated be
used specifically for the maintenance of the City's parks and wants
the funds designated for that use instead of going into the General
Fund.
Mayor Herfert stated that funds in the General Fund are
unrestricted and can be used for anything and with new
development projects coming into the City with dedicated park
development funds, he would not want to restrict the funds from
going into the General Fund.
Motion Motion by Herfert and seconded by Sykes to approve the lease
agreements between the City of West Covina and Verizon
Wireless for cell towers at Del Norte Park, Palmview Park, and
Walmerado Park.
Motion carried 4 — 1 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Herfert
NOES: Warshaw
Item #12 Discover West Covina Newsletter
Councilmember Toma stated his concern with the added costs of
producing and providing hard copies with the increase in pages and
inquired about any plans to distribute the newsletter electronically.
Councilmember Warshaw would like to see an option for
residents to opt out of receiving a hard copy.
Motion Motion by Toma and seconded by Warshaw to approve the
following:
1. Authorize Sari Art & Printing to print the twelve (12)-page
Discover West Covina Newsletter for Fiscal Year 2014-2014,
at a cost not to exceed $39,591;
2. Approve the two (2) year agreement with Gary Lawson to
solicit advertisements for the Discover West Covina
Newsletter; and
3. Appropriate $8,250 in Non -General Funds to further reduce the
General Funding of the Discover West Covina Newsletter, as
follows:
• $3,800 from Integrated Waste Management Fund Balance
(120) into Public Works Account 120.41.4187.6167; and
City Council Minutes of August 19, 2014
• $2,300 from Waste Diversion/AB 939 (129) into Public
Works Account 129.41.4188.6767; and
• $2,150 from Used Oil Block Grant (149) into Public Works
Account 149.41.4180.6167.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Item #15 Prop A Fund Exchange — City of Industry
Councilmember Toma had a variety of questions about the process
to buy and sell these types of funds and the analysis of the issue to
do this.
Finance and Administrative Services Director McKay
provided a brief background on the process providing information
on past practice and explained how this is a measure for selling
restricted transportation funds with the revenue gained going into
the General Fund free to be used for other expenses including
public safety.
Motion Motion by Spence and seconded by Sykes to approve the
agreement authorizing the sale of Proposition A Funds to the City
of Industry and authorize the Mayor to execute the agreement.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
PUBLIC HEARINGS
Appeal Hearing
Appeal of Planning Commission Approval of Conditional Use
Permit No. 14-07
Categorical Exemption
Applicant: Luisa Nuno for Sage Motorsports, LLC
Appellant: Anthony Kim, Briggs Law Corporation
21) Location: 2505 E. Garvey Avenue North
Lotus Dealership Mayor Herfert announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
Mayor Herfert proceeded to open the hearing and Planning
Director Jeff Anderson provided a detailed report on the project for
a new automobile dealership at the above location citing the
necessary approvals recommended by the Planning Commission in
their meeting of June 24, 2014. These recommendations were for
approval of a conditional use permit (CUP) for a site less than one
acre in size and a Planning Director's Modification for new
exterior paint to the faqade, parking lot improvement and
landscaping improvements.
On July 7, 2014, Anthony Kim of Briggs Law Corporation
submitted an appeal to the City Council to overturn the Planning
Commission approval of the project stating that the CUP is not in
compliance with the Municipal Code and that a CEQA (California
Environmental Quality Act) exemption is inappropriate. However,
the Planning Director's Modification was not appealed.
Anderson went on to describe the site and surroundings
with a PowerPoint slide and stated that the City Council has the
discretion of adding conditions to the CUP if they wish.
Councilmember Warshaw had questions regarding the site
and surrounding business and inquired about any complaints that
may have been received. Anderson responded to his questions.
Open testimony Mayor Herfert proceeded to open the public testimony portion of
the hearing and called for comments.
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City Council Minutes of August 19, 2014
In Favor [of appeal] None
Opposed [to appeal] Craig Berkham, attorney for Sage Motors, introduced himself and
offered to answer questions.
Councilmember Warshaw inquired about marking parking
spaces and .Toe Sage, owner, responded to his question.
Close testimony With no one else wishing to address Council, Mayor Herfert closed
the public testimony portion of the hearing.
Motion Motion by Spence and seconded by Sykes to uphold the Planning
Commission decision and adopt the following resolution:
Assistant City Clerk Rush presented:
Resolution No. 2014-37 RESOLUTION NO. 2014-37 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION AND APPROVING CONDITIONAL USE
PERMIT NO. 14-07
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
DEPARTMENTAL REGULAR MATTERS
Finance and Administrative Services
22) Ambulance Subscription Program
Ambulance Subscription Program City Manager Chung provided a background of the Ambulance
Subscription Program that included an analysis of revenues versus
cost to the City. He then reviewed the five options in the staff
report with the Council and discussion ensued regarding the
program.
Motion Motion by Spence and seconded by Herfert to discontinue the
Ambulance Subscription Program and approve Option #5.
Substitute Motion Motion by Toma and seconded by Warshaw to approve Option #2
— Increase the subscription fee to $70 per year with an annual CPI
increase.
City Attorney Barlow responded to questions from Council
regarding voting on substitute motions.
Motion carried 3 — 2 to approve the substitute motion by
the following Roll Call vote:
AYES: Sykes, Toma, Warshaw
NOES: Spence, Herfert
SUCCESSOR AGENCY Mayor Herfert recessed the City Council meeting to convene the
Successor Agency meeting at 9:20 p.m.
The City Council reconvened at 9:21 p.m. with all
members present.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
Mayor Pro Tem Fredrick Sykes
Request from Mayor Pro Tern Fredrick Sykes Requesting the City
Council to Instruct City Staff to Prepare a Report to Adopt an
Ordinance to Restrict Public Nuisance Vehicles from Parking on
the Street Visible to the Public
23) Nuisance Vehicles Ordinance Mayor Pro Tern Sykes explained his view of nuisance vehicles,
such as those with graffiti, which detract from property values and
attract crime and asked for Council's support.
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City Council Minutes of August 19, 2014
Councilmember Spence and Councilmember Warshaw
stated their reasons for not supporting this request.
Councilmember Toma inquired about a graffiti ordinance and staff
responded to his question.
Motion Motion by Sykes and seconded by Herfert to request a report on
restricting public nuisance vehicles from parking on the street and
to introduce an ordinance.
Motion carried 3 — 2 by the following Roll Call vote:
AYES: Sykes, Toma, Herfert
NOES: Spence, Warshaw
Councilmember Mike Spence
Request from Councilman Mike Spence Requesting the City
Council's Support to Instruct City Staff to Prepare a Letter Seeking
Governor .Terry Brown's Support to Appeal United States District
Judge Carney's Decision that the California Death Penalty is
24) Unconstitutional
California Death Penalty Councilman Spence presented his item and the reason for his
request citing two cases to support his objective to have a letter
sent to Governor Brown requesting an appeal of U.S. District
Judge Carney's decision that the California Death Penalty is
unconstitutional and then requested Council's support.
Motion Motion by Spence and seconded by Sykes to send a letter to
Governor Brown requesting an appeal of U.S. District Judge
Carney's decision that the California Death Penalty is
unconstitutional.
Motion carried 4 —1 by the following Roll Call vote:
AYES: Spence, Sykes, Warshaw, Herfert
NOES: None
ABSENT: None
ABSTAIN: Toma (declared a conflict with this matter due to his
employment with the State Attorney General's
Office)
Councilmember Corey Warshaw
Request from Councilmember Corey Warshaw Requesting the
City Council's Support to Instruct City Staff to Prepare an
Ordinance to Place a Moratorium on Changing Residentially-
25) Zoned Properties to Specific Plans
Moratorium on Specific Plans Councilmember Warshaw presented his request to place a
moratorium on specific plans in residential areas to give the City
time to complete the update of the City General Plan and to
address numerous requests he received from residents.
Council discussion ensued.
Motion Motion by Warshaw and seconded by Toma to instruct staff to
prepare an ordinance to place a moratorium on changing
residentially zoned properties to specific plans.
Motion carried 3 — 2 by the following Roll Call vote:
AYES: Sykes, Toma, Warshaw
NOES: Spence, Herfert
COUNCILMEMBER COMMENTS
Councilman Spence acknowledged council's participation in
National Night Out, commended the Community and Senior
Services Commission and staff for several recent events which
included the Dive -In at the pool and the Food Truck Frenzy.
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City Council Minutes of August 19, 2014
Mayor Pro Tern Sykes thanked the staff and the Police
Department for their participation in the National Night Out event
and appreciated the Police Department's efforts with the
community.
Councilmember Warshaw also commended staff for
conducting a well -organized event at National Night Out and
commended the Historical Society for their event at South Hills.
Councilmember 'Coma also commended staff and the hosts
of National Night Out and said the concerts and the food trucks
were very well organized and felt these events should be more
widely promoted in the community.
ADJOURNMENT Motion by Warshaw and seconded by Sykes to adjourn the
meeting at 9:51 p.m.
Motion carried by 5 — 0.
Submitted by:
Assistant Cit Clerk Susan ush
Mayor Steve rfert
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