09-02-2014 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
September 02, 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 Pastor Mason Okubo
Immanuel Faith Lutheran Church
PLEDGE OF ALLEGIANCE Councilmember Mike Spence
ROLL CALL Mayor Herfert, Mayor Pro'rem Sykes
Councilmembers Spence, Sykes, Toma, Warshaw
REPORTING OUT FROM CLOSED SESSION
City Attorney Kimberly Hall Barlow announced that three
of the items on the Closed Session agenda were deferred to after
the meeting. (City Manager evaluation, Conference with labor
negotiators and Hassen Imports Partnership item).
City Attorney Barlow stated that direction was provided on
the remaining items on the Closed Session and the Successor
Agency agendas.
[City Closed Session items:
Public Employee Performance Evaluation — Title: City
Manager
Conference with Labor Negotiators - City Negotiators:
Chung, McKay — Confidential Employees, Maintenance & Crofts
Employees, Non -Sworn Safety Support Employees, W.C. Police
Management Association, W.C. Firefghters'Association, I.A.F.F,
Local 3226, General Employees, Mid -Management Employees,
W.C. Police OJJicers.Association, W.C. Firefighters' Management
Association
Conference with Legal Counsel — Anticipated Litigation —
Pursuant to Government Code §54956.9(d)(2) - One matter
Conference with Legal Counsel — Anticipated Litigation —
Pursuant to Government Code §54956.9(d)(1) - One matter
Conference with Legal Counsel — Existing Litigation —
Coalition.for Land Use Equity (CLUE) vs. City of West Covina
Conference with Legal Counsel — Existing Litigation —
Deborah D. Dominguez v. City of West Covina, Chris Chung
Conference with Real Property Negotiators — Property:
1815 S. Azusa Avenue, West Covina 91792 and 2650 E. Shadow
Oak Drive, West Covina 91792 — LA-RIC'S — Terms of Lease —
Conference with Legal Counsel — Existing Litigation — City
of West Covina v. Hassen Imports Partnership, el 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 Slates District Court Case No. 2:13-cv-07532-CAS
Successor Agency Closed Session items:
Conference with Legal Counsel — Anticipated Litigation —
Pursuant to Government Code §54956.9(d)(2) — One Matter
Conference with Legal Counsel — Existing Litigation — C'ily
of West Covina v. Hassen Imports Partnership, el 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 Council Minutes of September 02, 2014
CHANGES TO THE AGENDA City Manager Chung stated there were no changes to the Agenda;
however, he reported that there was a request from the applicant
regarding Agenda Item #12 — Appeal of' Planning Commission
Approval of Conditional Use Permit N. 13-04, Categorical
Exemption, Applicant: Los Angeles SMSA (Standard Metropolitan
Statistical Area) LP (DBA Verizon Wireless), Appellant: Sheena
Heng and Property Owner in South Hills, Location: 2655 S. Citrus
Street (South Hills Country Club), to hold item over to the October
21, 2014 meeting or to take action and deny the appeal, which the
City Manager stated that staff does not recommend. He suggested
moving the item forward before Oral Communications to consider
what steps to take and in view of the members of the public that
wished to address the matter.
PRESENTATIONS Mayor Herfert announced that West Covina and South Hills
Varsity will hold a football game on September 121h and
announced that as part of a new tradition, the City will present a
trophy to the wimring team.
Mayor Herfert assisted by Jesse Hernandez, Manager of Diamond
Dawgs presented certificates of recognition to the players for their
achievement at the Cecil Fielder Elite World Series 6U
Championships.
Mayor Herfert assisted by Dave Romero, Manager of the West
Covina A All -Star Team presented certificates of recognition to the
players for their achievement as the Pony Shetland 4 World Series
Championships.
Mayor Herfert announced that Item #12 is being brought forward to be considered before Oral
Communications on the Agenda for the reasons stated by the City Manager under Changes to the
Agenda based on a request received from the applicant.
Public Hearing
Appeal of Planning Commission Approval of Conditional Use
Permit No. 13-04
Categorical Exemption
Applicant: Los Angeles SMSA (Standard Metropolitan Statistical
Area) LP (DBA Verizon Wireless)
Appellant: Sheeena Heng and Property Owners in South Hills
12) Location: 2655 S. Citrus Street (South Hills Country Club)
Cell Tower in South Hills Mayor Herfert announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
Planning Director Anderson stated the request received by
the City from the applicant requesting to hold the item over to the
meeting of October 21, 2014 as they are considering relocating the
cell tower from the proposed site. He stated the request for the
relocation had not been formally submitted to the City but that the
applicants were in attendance if the Council would like to hear
their relocation plans.
Mayor Herfert requested to have the applicant present his
proposal prior to hearing staff report or any public testimony.
Open testimony Mayor Herfert then proceeded to open the public testimony portion
of the hearing and began by asking the applicant to provide the
reason for the request to continue the matter.
Applicant Mike Hayes, Inspector Services representing Verizon Wireless,
explained that due to the last two meetings with the City, Verizon
has agreed to move the tower from the current proposed
intersection to 30 yards to the west in front of the high school and
out of the main view of the intersection. Although this will create
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City Council Minutes of September 02, 2014
a delay and a major expense, it will take it out of the view from the
intersection and he felt that this is probably the best possible
available location at this time. The reason for the request for a
continuance is that this decision was reached recently after
meetings with City staff and they need time to redo the plans,
drawings, and propagation maps.
City Attorney Barlow advised the Mayor and Council to
return the matter back to the Planning Commission due to the
applicant's proposed relocation of the tower.
In favor of appeal The following residents spoke in favor of the appeal to oppose the
(opposed to cell tower) cell tower for reasons ranging from coverage is adequate and there
is no need for the tower; appearance, location and detriment to the
safety of the area and lower property values:
Richard Liu
Sheena Heng
Rick Heng
Patra McNair
Ashley Huynh
Angie Yeap
James Liu
Steven Gao
Miriam Nakamura
Peter Wang
Tony Wu
John Shewmaker
In opposition of appeal Mark Fuller, South Hills Country Club, spoke in support of the cell
(in support of cell tower) tower and addressed several concerns brought forth by speakers
including a flyer depicting a 110' tower, which is not being
considered and misleading.
Peter Davis, West Covina resident, supported the site Verizon
selected to relocate the tower.
Rebuttal Peter Wang, West Covina resident speaking on behalf of the
appellant, provided rebuttal comments to those who spoke in
opposition to the appeal [in favor of tower].
Close testimony With no one else wishing to address Council, Mayor Herfert closed
the public comment portion of the hearing.
Council discussion Councilmember Warshaw asked if the applicant could increase the
size of the tower if it was approved.
City Attorney Barlow responded to his question as to what
the applicant legally has the right to do as far as increasing size.
Motion Motion by Toma and seconded by Warshaw to refer Verizon's
proposal to the Planning Commission to consider their proposal to
relocate the tower to a new site.
Substitute motion Motion by Spence to approve staff s recommendation to grant the
applicant a second request to continue the appeal.
Mayor Herfert addressed the applicant's past numerous
requests to continue hearings for additional time and would not
support a continuance.
Motion failed due to lack of a second.
Action on original motion Motion carried 4 — t to refer the project back to the
Planning Commission by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw
NOES: Herfert
Mayor Herfert announced that a notice would go out once the
Planning Commission refers the matter back to the City Council
and a hearing is scheduled.
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City Council Minutes of September 02, 2014
ORAL COMMUNICATIONS
John Shewmaker John Shewmaker, West Covina resident, addressed the continued
service of Alvarez-Glasman & Colvin as special counsel.
Lloyd Johnson Lloyd Johnson, West Covina resident, supported repealing the
ordinance under Item #3 of tonight's agenda regarding the project
on San Bernardino Road; commented on the special retainer with
the former City Attorney; opposed to pre -qualifying Pacifica
Services for construction management.
Philip Moreno Philip Moreno, West Covina resident, addressed the change in the
Council; Planning Commission's loyalty to a former
councilmember and the need to change the commission
membership; voiced opposition to approving Pacifica Services
agreement.
Forrest Wilkens Forrest Wilkens, West Covina resident, addressed stray shopping
carts in the City and how they litter the City's streets.
John Solis John Solis, West Covina resident, voiced his concern with the bids
submitted by firms in Item #7 and stated that a low bid is not
always the best option.
Iris Delameter Iris Delameter, West Covina resident, address cars blocking
intersections and requested marking "Do Not Block" intersection
at Carlton and Eckerman; commended the new Council on
working together.
Todd Palmquist Todd Palmquist, Executive Director of the San Gabriel Valley
Consortium on Homelessness reported on programs available
through his organization to assist the City in finding services for
the homeless.
Elsie Messman Elsie Messman, West Covina resident, spoke in opposition to
Alvarez-Glasman & Colvin being retained as special counsel;
addressed pre -qualifying of firms for construction management
services; addressed cell towers in the City.
Herb Redholtz Herb Redholtz, West Covina resident, spoke in opposition to
retaining Alvarez-Glasman & Colvin as special counsel in an
open-ended contract; does not support Pacifica for construction
management.
Wen Wen Zhang Wen Wen Zhang, West Covina Library Manager, addressed library
events including new expanded library hours.
CONSENT CALENDAR Councilmember Spence requested that Item #5 be removed from
the consent calendar and be considered after Item #10;
Councilmember Toma requested that Item #6 - , and Item # 7 — be
pulled for separate consideration; Councilmember Warshaw
requested that Item #4 — be pulled for separate consideration.
Approval of Meeting Minutes (receive & file)
1) Minutes Special City Council Meeting Minutes of June 9, 2014
Adjourned Special City Council Meeting Minutes of June 9, 2014
2) Planning Commission
3) Zone Change
Commission Summary of Actions
Summary of Action of August 26, 2014
Ordinances for Adoption
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City Council Minutes of September 02, 2014
Repealing Ordinance No. 2248
Zone Change No. 13-01
Location: 1611, 1623 and 1773 West San Bernardino Road
The purpose of this ordinance is to comply with the Court Writ of
Mandate to Set Aside and Vacate project approval for the above
project that includes repealing Ordinance No. 2248.
Recommendation is that the City Council waive further reading
and adopt the following ordinance:
Ordinance No. 2264 ORDINANCE NO. 2264 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
REPEALING ORDINANCE NO. 2248
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
4) Legal Proiects
Alvarez-Glasman Retainer Recommendation is that the City Council extend the term of a
special counsel retainer agreement to Alvarez-Glasman & Colvin
("AG&C") for the purpose of completing several pending projects
and to provide additional time for the new City Attorney to
evaluate pending cases for possible transfer.
This item pulled from the Consent Calendar and to be considered
after Item 10.
City Manager's Office
Support for League of California Cities Conference Resolution
Related to Environmental Impacts of Illegal Marijuana Growing on
5) Public and Private land
League Conference On Marijuana Recommendation is that the City Council approve the following
actions:
1. Support the League of California Cities conference resolution
related to environmental impacts of illegal marijuana growing
on public and private land; and
2. Provide direction to the City's voting delegate, Councilmember
James Toma, to represent the City's position by voting in
support of the resolution at the annual business meeting.
This item was pulled ,f-om the Consent Calendar for separate
consideration.
Finance and Administrative Services
6) Big Independent Cities Excess Pool (BICEP) Resolution
BICEP Representative Appointing a Specific Representative
Recommendation is that the City Council approve the appointment
of a specific representative to the BICEP Governing Board by
adopting the following resolution:
Resolution No. 2014-38 RESOLUTION NO. 2014-38 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPOINTING A SPECIFIC REPRESENTATIVE TO THE BIG
INDEPENDENT CITIES EXCESS POOL (BICEP)
This item was pulled from the Consent Calendar for separate
consideration.
Public Works
Prequalify Construction Management, Inspection, and Related
Services Consultant for Support on Various Capital Improvement
7) Program Projects on an As -needed Basis
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City Council Minutes of September 02, 2014
Pre -qualify Consultant Recommendation is that the City Council pre -qualify Pacifica
Services, Inc. of Pasadena and Civil Source, Inc. of Irving,
California for construction management services on an as -needed
basis, and authorize the Mayor and City Clerk to execute an
agreement with said firms to provide professional services.
Energy Efficiency and Conservation Block Grant Final Report —
8) Federal Funding
Energy Efficiency Grant Recommendation is that the City Council take the following
action:
1. Refund $91,544.00 of unallowable credits received by the
City during the performance of this grant -funded conservation
work as requested by the Department of Energy.
2. Appropriate $91,544.00 from the unassigned fund balance of
the General Fund to account number 110.41.4130.6110.
Police Department
9) Withdrawing from Los Angeles Regional Interoperable
Withdrawal from LA-RICS Communications System (LA-RICS)
Recommendation is that the City Council adopt the resolution
authorizing the City of West Covina's withdrawal from the Los
Angeles Regional Interoperable Communications System (LA-
RICS):
Resolution No. 2014-39 RESOLUTION NO. 2014-39 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE CITY OF WEST COVINA TO
WITHDRAW FROM THE LOS ANGELES REGIONAL
INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RICS)
CONSENT CALENDAR MOTION Motion by Spence and seconded by Warshaw to approve all items
listed on the Consent Calendar as presented except Itent #4 —
Approve of Special Counsel Retainer Agreement to Alvarez-
Glasman & Colvin for the Purpose of Completing Certain Pending
Legal Projects; Bent #5 — Ordinance for Adoption, Repealing
Ordinance No, 2248, Zone Change No. 13-01, Location: 1611,
1623 and 1773 West San Bernardino Road, Itent #6 — Big
Independent Cities Excess Pool (BICEP) Resolution Appointing a
Specific Representative, and Item #7 — Pre -qualify Construction
Managentent, Inspection, and Related Services Consultant for
Support on Various Capital Improvement Program Projects on an
As -needed Basis.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Item #4 Approve of Special Counsel Retainer Agreement to Alvarez-
Glasman & Colvin for the Purpose of Completing Certain
Pending Legal Projects
Councilmember Warshaw commented, for the benefit of the
public, that the current city attorney has recommended that certain
cases remain with prior counsel due to the current status of those
cases handled by that firm and the new city attorney is advising the
Council on all legal matters.
Councilmember Toma concurred that switching can be
costly and City Attorney Barlow stated that the Council will be
updated on pending matters and overseeing matters handled by the
former city attorney and offered to report back and update the
council in six months on these issues.
Motion Motion by Warshaw and seconded by Sykes to approve of special
counsel retainer to Alvarez-Glasman & Colvin for the purpose of
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City Council Minutes of September 02, 2014
completing certain pending legal projects with an amendment that
this be brought back to Council should there be any items still
being handled by Alvarez-Glasman & Colvin.
Motion carried by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Item # 5 Support for League of California Cities Conference Resolution
Related to Environmental Impacts of Illegal Marijuana Growing
on Public and Private Land
Councilmember Spence requested to hear this item after Item # 10.
Item #6 Big Independent Cities Excess Pool (BICEP) Resolution
Appointing a Specific Representative
Councilmember Toma had questions regarding this organization
and the appointments to this board.
Finance & Administrative Services Director McKay
provided a brief overview of BICEP and its function and outlined
the City's participation with details of membership benefits.
Motion Motion by Toma and seconded by Warshaw to approve the
appointment of a specific representative to the BICEP Governing
Board by adopting the following resolution:
Resolution No. 2014-38 RESOLUTION NO. 2014-38 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPOINTING A SPECIFIC REPRESENTATIVE TO THE BIG
INDEPENDENT CITIES EXCESS POOL (BICEP)
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
Item #7 Pre -qualify Construction Management, Inspection, and Related
Services Consultant for Support on Various Capital
Improvement Program Projects on an As -needed
Councilmember Toma requested more information and criteria in
determining the selection of the two firms and would like the
concerns expressed by residents addressed.
Councilmember Spence expressed expressed his support of
bidding on contract management services for each project and
doesn't support discriminating of a company due to who they
support politically.
Interim Public Works Director Chris Vogt gave a detailed
review of the selection procurement process and how the proposals
for the firms were evaluated.
Councilmember Warshaw requested scores to determine
the ranking of the firms which resulted in the selection of Pacifica
Services and Civil Sources. Council then engaged in discussion
regarding the scoring and selection process and City Manager
responded to questions.
Motion Motion by Herfert to approve staffs recommendation to pre -
qualify Pacifica Services, Inc. of Pasadena and Civil Source, Inc.
of Irvine, California, for construction management services on an
as -needed basis, and authorize the Mayor and City Clerk to
execute an agreement with said firms to provide professional
services.
Spence seconded the motion with an amendment to the
motion to include approval for one year and to include the five top
ranked firms.
Herfert stated amendments were not part of his motion and
requested another motion.
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City Council Minutes of September 02, 2014
Amended motion Motion by Spence and seconded by Herfert to approve the top five
firms ranked by Civil Engineering for one year and bring back for
review in one year.
Motion carried 3 — 2 by the following Roll Call vote:
AYES: Spence, Sykes, Herfert
NOES: Toma, Warshaw
PUBLIC HEARINGS
Public Hearing
Code Amendment No. 14-03
Medical Marijuana Dispensaries
10) General_ Exemption
Medical Marijuana Dispensaries 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 background of current
legislation on the subject of medical marijuana dispensaries.
Anderson included the Planning Commission's recommendation of
their May 27, 2014 public hearing and then offered to answer
questions.
Open testimony Mayor Herfert proceeded to open the public testimony portion of
the hearing and called for comments.
Close testimony With no one wishing to address Council, Mayor Herfert closed the
public testimony portion of the hearing.
Councilmember Spence inquired about the review of the Planning
Commission and previous direction provided to the Planning
Commission pertaining to possible future federal legislation which
could allow dispensaries. Discussion ensued regarding Council
direction to the Plaiming Commission.
Motion Motion by Herfert and seconded by Sykes to introduce the
following ordinance:
Assistant City Clerk Rush presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING THE CITY OF
WEST COVINA MUNICIPAL CODE TO PROHIBIT THE
OPERATION AND ESTABLISHMENT OF MEDICAL
MARIJUANA DISPENSARIES
Motion carried 3 — 2 by the following Roll Call vote:
AYES: Sykes, Toma, Herfert
NOES: Spence, Warshaw
Item #S Support for League of California Cities Conference Resolution
Related to Environmental Impacts of Illegal Marijuana Growing
on Public and Private Land
Councilmember Toma addressed the League of California Cities'
request of cities to support annual conference resolutions to ensure
they're in accord with the cities' direction. Toma stated the
resolution is non -controversial and he urged his colleagues'
support.
Motion Motion by Warshaw and seconded by Herfert to approve the
following recommendation:
1. Support the League of California Cities conference resolution
related to environmental impacts of illegal marijuana growing
on public and private land; and
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City Council Minutes of September 02, 2014
2. Provide direction to the City's voting delegate, Councilmember
James Toma, to represent the City's position by voting in
support of the resolution at the annual business meeting.
Motion carried 4 — I by the following Roll Call vote:
AYES: Sykes, Toma, Warshaw, Herfert
NOES: Spence
Public Hearing
Consideration of an Urgency Ordinance Prohibiting Adoption of
11) Specific Plans in Residentially Zoned Areas and Alternative
Specific Plans in Residential Areas Options
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 City Attorney
Barlow provided the staff report expressing Council's direction to
prepare an urgency ordinance for a moratorium on specific plans in
residentially zoned areas due to the timing of a major General Plan
revision. She addressed the necessary four -fifths vote to pass the
urgency ordinance and the possibility that it might not get the
necessary votes, and so she made suggested options for the
Council to consider stating there were numerous ways to adjust the
boundaries of a moratorium that might address some of the
Council's concerns.
Open testimony Mayor Herfert proceeded to open the public testimony portion of
the hearing and called for comments.
In favor Lloyd Johnson, West Covina resident, read a letter from Attorney
John McClendon to illustrate his point for the need to address ad
hoc spot zoning and expressed his support of the moratorium.
In opposition Kim Hesse, representing City Ventures whose firm is working with
the City on a development project, briefly described their project
and expressed concern that the moratorium would delay and affect
their project. She wondered if it would affect current applications
that are in or just future applications.
Close testimony With no one else wishing to address Council, Mayor Herfert closed
the public testimony portion of the hearing.
Mayor Herfert inquired about Ms. Hesse's concern regarding their
project and whether the moratorium would impact it.
City Attorney Barlow stated technically, it would apply to
their project, but the Council could allow an exemption.
Council discussion Councilmember Warshaw gave a brief description of what the
intent is and his reason for bringing this matter forward.
Councilmember Spence expressed his views and opposition
to the moratorium and Councilmember Warshaw responded to
those objections.
Motion Motion by Warshaw and seconded by Toma to move forward with
preparing the ordinance imposing a moratorium on the approval of
specific plans for residentially zoned properties in the City pending
completion of the updated General Plan.
Motion failed 3 -2 [required 4/5 vote] by the following Roll
Call vote:
AYES: Sykes, Toma, Warshaw
NOES: Spence, Herfert
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City Council Minutes of September 02, 2014
Mayor Herfert requested a legal opinion on whether projects would
be able to move forward if their applications were received prior to
such an urgency moratorium being adopted.
The following matter was brought./brward to be considered prior
to Oral Communications on the Agenda for the reasons stated by
the City Manager under Changes to the Agenda based on a request
received from the applicant.
Appeal Hearings
Appeal of Planning Commission Approval of Conditional Use
Permit No. 13-04
Categorical Exemption
Applicant: Los Angeles SMSA (Standard Metropolitan Statistical
Area) LP (DBA Verizon Wireless)
12) Appellant: Sheena Heng and Property Owners in South Hills
Cell Tower in South Hills Location: 2655 S. Citrus Street (South Hills Country Club)
This item was considered at the beginning of the Agenda prior to
Oral Communications.
DEPARTMENTAL REGULAR MATTERS
Planning Department
13) Consultant Agreement for Impact Fee Study for Public Safety
Public Safety Impact Fees Impact Fees
Planning Director Anderson presented a staff report to consider
implementing Impact Fees for Public Safety (Police and Fire).
Anderson stated there has been no previous study of the fiscal
implications of development and land use decisions.and therefore,
the City has never adopted impact fees. The impact fee consultant
will be reviewing needs based on forecasts for new development
and will provide cost analysis for new development to pay their
fair share.
An RFP was released on April 21, 2014 requesting a
proposal to conduct a nexus study to determine appropriate impact
fees that will demonstrate a reasonable relationship to the impact
that it is intended to mitigate. The RFP requested a proposal to
determine public safety impact fees with an option scope of work
for additional impact fees.
Two firms submitted proposals which were evaluated,
consultants interviewed, and based on this review staff is
recommending 1) that the City Council authorize the Mayor to
execute an agreement with Economic and Planning Systems, Inc.
(EPS) in the amount of $29,700 to provide consulting services
associated with preparing an impact fee study to determine
appropriate public safety fees and 2) staff is seeking direction to
review additional eligible impact fees including Parks and
Recreation, City administration and Public Works impact fees in
the amount of $14,000.
Anderson introduced Tyfin Rice Evans of EPS to make a
brief presentation and answer questions. Mr. Evans provided an
overview of the process, the types of funding, implementation and
the legal oversight of the process. He gave a brief description of
his firm's process and work and gave examples of studies in other
communities and options to consider.
Councilmembers provided connnents for and against this item.
Motion Motion by Sykes to approve staff's recommendation as follows:
1. Authorize the mayor to execute an agreement with Economic
and Planning Systems, Inc. (EPS) in the amount of $29,700 to
provide consulting services associated with preparing an
impact fee study to determine appropriate public safety impact
fees, and
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City Council Minutes of September 02, 2014
2. Review additional eligible impact fees including Parks and
Recreation, City administration and Public Works impact fees
in the amount of $14,000; and, as part of this consultant
agreement, an additional $3,700 would need to be
appropriated from the General Fund.
Amended motion Amended motion by Warshaw to approve only #1 — Authorize the
Mayor to execute an agreement with Economic and Planning
Systems, Inc. (EPS) in the amount of $29,700 to provide
consulting services associated with preparing an impact fee study
to determine appropriate public safety impact fees, and if it passes
to then consider 42, the review of additional eligible impact fees.
Sykes accepted the amendment to his motion.
Motion carried 3 — 2 by the following Roll Call vote:
AYES: Sykes, Toma, Warshaw
NOES: Spence, Herfert
Second Motion With the approval of #1, Motion by Warshaw and seconded by
Sykes to approve the additional eligible impact fees including
Parks and Recreation, City administration and Public Works
impact fees in the amount of $14,000; and, as part of this
consultant agreement, an additional $3,700 would need to be
appropriated from the General Fund.
Motion carried 3 — 2 by the following Roll Call vole:
AYES: Sykes, Toma, Warshaw
NOES: Spence, Herfert
14) Film Permits Consultant Film L.A. Consulting Services
Planning Director Anderson gave a brief description of the services
that Film L.A. provides and the coordination with the film
companies to process and streamline film permits to facilitate the
permit process for cities. He explained their status as a not -for -
profit private agency that is primarily funded by permit
coordination fees paid by production companies with no charge to
the City. In addition, Film L.A. will market the City to the film
industry and the City would continue to receive film permit fees.
Council discussion Councilmembers inquired about how Film L.A. is funded; how
their services benefit cities and how their process would change the
City's current film permit process.
Planning Director Anderson then introduced Donna
Washington, Film L.A. Vice President of Operations, who
responded to their questions.
Motion Motion by Herfert and seconded by Warshaw to bring back the
matter with more detailed information.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
MAYOR/COUNCILMEMBER REPORTS
15) Mayor Pro Tem Fredrick Sykes
Nuisance Vehicle Parking Ordinance to Restrict Public Nuisance Vehicle Parking
Chief of Police Dave Faulkner presented a staff report and
background of how a similar ordinance regarding nuisance
vehicles in neighboring cities evolved. Chief stated there have
been no complaints in the city regarding nuisance vehicles;
however, current vehicle code citations can address some vehicle
violations but neither address nuisance vehicles.
Council discussion ensued.
City Council Minutes of September 02, 2014
Motion Motion by Sykes and seconded by Toma to introduce the following
ordinance:
Assistant City Clerk Rush presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, REPEALING AND
REPLACING SECTION 22-192 OF ARTICLE V (STOPPING,
STANDING AND PARKING) OF CHAPTER 22 (TRAFFIC
REGULATIONS(OF THE WEST COVINA MUNICIPAL CODE
PROHIBITING THE STOPPING PARKING OR STANDING OF
NUISANCE VEHICLES UPON ANY STREET IN
RESIDENTIAL ZONES
Motion carried 3 — 2 by the following Roll Call vote:
AYES: Sykes, Toma, Warshaw
NOES: Spence, Herfert
AB 1234 Conference and Meeting Report
Mayor Pro Tern Sykes reported on two events he attended and
gave the highlights of the subject matter on the War on Poverty.
ADJOURNMENT Motion by Warshaw and seconded by Herfert to adjourn the
meeting at 1 1:10 p.m. in memory of a long time SHOP volunteer,
Billie Menagel.
Motion carried by 5 — 0.
Submitted'by:
N/
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AssistaribCity Cle k.
usan Rush
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