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10-21-2014 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL October 21, 2014 Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:10 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor John Foye Community Presbyterian Church of West Covina 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 Kimberly Hall Barlow announced that there was no reportable action in Closed Session and that Council will return to Closed Session after the conclusion of the Open Session meeting to address one item. [City Closed Session items: Items on the City Council Agenda: Conference with Labor Negotiators — City Negotiator: Chung — Miscellaneous Unrepresented Management Employees, including: Assistant City Clerk, Assistant City Manager/Community Development Commission Director, Community Services Director, Finance and Administrative Services Director, Fire Chief, Planning Director, Police Chief, Public Works Director and City Engineer Conference with Labor Negotiators — City Negotiators: Chung, McKay, Employee Organizations: Confidential Employees, General Employees, Maintenance & Crafts Employees, Mid - Management Employees, Non -Sworn Safety Support Employees, W.C. Police Officers' Association, W.C. Police Management Association, W.C. Firefighters' Management Association, W.C. Firefighters'Association, LA.FF., Local3226 Public Employee Performance Evaluation — Title: City Manager Conference with Legal Counsel — Existing Litigation - Case Number: BC519400 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency, West Covina Community Development Agency; Case Number. BC 519545 — State of Calffornia v. City of' West Covina, Successor Agency to the West Covina Redevelopment Agency, West Covina Community Development Commission; Case Number: BC519543 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency, the West Covina Parking Authority; Case Number: BC519546 — Slate of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency; Case BC516022 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency; Case Number: BC519544 — State of California v. Successor Agency to the West Covina Redevelopment Agency Conference with Legal Counsel — Anticipated Litigation — Two Cases Items on the Successor Agency Agenda: Conference with Legal Counsel — Existing Litigation - Case Number: BC519400 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency, City Council Minutes of October 21, 2014 OF CHAPTER 2 (ADMINISTRATION) OF THE WEST COVINA MUNICIPAL CODE RELATED TO CITY MANAGER SIGNATURE AUTHORITY 4) City Manager's Office . Cancelation of November 4°i Cancelation of November 4, 2014, City Council Meeting Council Meeting Recommendation is that the City Council cancel the November 4, 2014 City Council meeting for Election Night. CONSENT CALENDAR ACTION Motion by Warshaw and seconded by Toma to approve all items listed on the Consent Calendar as presented except Item #3 — Ordinance Amending Section 2-151 of the West Covina Municipal Code Relating to the Powers and Duties of the City Manager, to include Signature Authority on certain City Documents. Motion carried 5 — 0 by the following Roll Call vote: AYES: Spence, Sykes, Toma, Warshaw, Herfert NOES: None Item 3 Ordinance Amending Section 2-151 of Ole West Covina Municipal Code Relating to the Powers and Duties of the City Manager, to include Signature Authority on certain City Documents Mayor Herfert referred to the previous introduction of the ordinance and emphasized that the signature authority being given to the City Manager is limited to only what City Council has approved the City Manager to approve. Mayor Pro Tern Sykes felt Council should not give up their authority on this matter. City Attorney Barlow concurred with Mayor Herfert that City Manager is only being authorized to sign within his contracting authority or matters previously approved by the City Council. Motion Motion by Herfert and seconded by Warshaw to adopt the ordinance: Assistant City Clerk Rush presented: Ordinance No. 2267 ORDINANCE NO. 2267 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2-151 (POWERS AND DUTIES) OF DIVISION 2 (CITY MANAGER) OF ARTICLE IV (OFFICERS) OF CHAPTER 2 (ADMINISTRATION) OF THE WEST COVINA MUNICIPAL CODE RELATED TO CITY MANAGER SIGNATURE AUTHORITY Motion carried 3 — 2 by the following Roll Call vote: AYES: Toma, Warshaw, Herfert NOES: Spence, Sykes HEARINGS Appeal Hearing Appeal of Planning Commission Approval of Conditional Use Permit No. 14-07 Categorical Exemption Applicant: Luisa Nuno for Sage Motorsports, LLC 5) Appellant: Anthony Kim, Briggs Law Corporation Sage Motorsports Dealership Location: 2505 East Garvey Avenue North Mayor Herfert announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert then proceeded to open the hearing and Planning Director Anderson provided a summary of the project, its location; description of the types of buildings surrounding the project site; the type of zoning of the location — Medium Commercial (C-2), and that the building was currently vacant and was formerly a paint 4 City Council Minutes of October 21, 2014 store. He then provided information on the appellant's reason for appealing the Planning Commission's approval of the project stating that they assert that the approval of the conditional use permit is not in compliance with the Municipal Code and that a CEQA (California Environmental Quality Act) exemption is inappropriate. The appellant also claimed he was not informed of the appeal hearing scheduled on August 19, 2014, and therefore, the City Council rescinded the resolution approving the conditional use permit on October 7, 2014 and the appeal hearing was again properly re -noticed to the property owners within 300 feet of the subject property, published in the newspaper and the appellant was informed through the mailing of notices, by email, and by certified mail, which was signed as received by the appellant's office on October 9, 2014. Anderson outlined the applicant's business operation including opening hours, deliveries, employees on site, type of work conducted, exits and entrances to the business and detailed the operation's interrelations with surrounding businesses and residences, and described the proposed improvements to the building, the landscaping, and the parking spaces for each use to meet the zoning code requirement. He also cited the conditional use permit's requirement placed on the owner to mitigate any issues or potential issues. Anderson mentioned that the Planning Director's Modification No. 14-16 was not included in the appeal and remains in effect. In addition, he briefly summarized the Planning Commission's review and approval of the project at their June 24, 2014 Planning Commission meeting adding that no one spoke in opposition to the project, although a letter from Briggs Law was read into the record. fie then stated staffs recommendation was to uphold the Planning Commission's decision and approve Conditional Use Permit No. 14-07. Open testimony Mayor Herfert proceeded to open the public testimony portion of the appeal hearing and called for speakers in favor of the appeal. In favor Corey Briggs, stated he provided documents and CDs regarding the appeal details and wished to reserve time for rebuttal and offered to answer questions. Councilmember Spence inquired what was different in the current submittal to the Council. Mr. Briggs replied it was the same except for correction of typos. In opposition Craig Burrman, attorney representing Sage Motorsports, stated they were in full support of staffs recommendation and stated his client was also in attendance and they were both available to answer questions. He also stated he had not seen the current submittal by the appellant and was handed copies for his review. He subsequently stated they had no further testimony regarding the submission tonight and fully support staff's recommendation. Councilmember Warshaw referred to the 21 parking spaces for customers and employees and the other spaces currently being used by Sage to park, and whether this would continue or would the spaces on the north be used strictly for the vehicles for sale. Michael Sage, owner, replied that once the Lotus dealership opens, those employees will go back to parking at the other site and only three employees that will work at the Lotus facility will use those spaces. Rebuttal Corey Briggs contended that the CUP and Councilmember Warshaw's questions were evidence of the need for an E City Council Minutes of October 21, 2014 environmental review and that the exemption under CEQA was inappropriate. Close testimony With no one else wishing to address Council, Mayor I-Ierfert closed the public testimony portion of the appeal hearing. Council discussion Mayor Herfert asked City Attorney Barlow if there was anything the Council needed to know before taking action. City Attorney Barlow responded that if staff was satisfied that the project met the requirements of the City's code after reviewing the submittal from the appellant, she stated that the CUP was appropriate and that Mr. Briggs' statement that staff's conditions on the project showed there were environmental impacts, was a misstatement of the law; that a CUP allows cities to impose conditions on a use and she was satisfied that legal requirements were met. Motion Motion by Spence and seconded by Toma to adopt the following resolution to uphold the decision of the Planning Commission approving Conditional Use Permit No. 14-07 Resolution No. 2014-46 RESOLUTION NO. 2014-46 — 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 6) City Attorney's Office Campaign Ordinance Review and Analysis of the City's Campaign Ordinances Mayor Herfert announced the subject matter and City Attorney Barlow referred to this matter as one of Council's Goals and Objectives and the report is a review of the City's current codes pertaining to campaigning and then asked Council for their direction. Councilmember Spence felt the City's local campaign laws should follow the same FPPC regulations. Councilmembers engaged in a lengthy discussion on the City's local campaign laws. Motion Motion by Herfert and seconded by Spence to schedule a future study session on the matter Motion carried 5 — 0 by the following Roll Call vote: AYES: Spence, Sykes, Toma, Warshaw, I-lerfert NOES: None City Manager's Office 7) Los Angeles County Proposition P — Safe Neighborhoods Park Safe Neighborhood Measure Measures Deputy City Manager Chris Freeland provided a brief report outlining the purpose of the current Prop A funds as to maintain both County and local parks and the proposed Proposition P to expand its designated purpose to protect local water quality, after - school programs, and drug prevention. Councilmember Warshaw inquired about the distribution of funding to cities. ri City Council Minutes of October 21, 2014 Councilmember Toma addressed the importance of parks to the community and families. Motion Motion by Toma and seconded by Sykes to adopt a resolution in support of Proposition P. Councilmember Warshaw stated he did not support the Proposition as he feels the individual property owner should be the one to decide if a tax is attached to their property. Councilmember discussion ensued. Action on Motion Motion failed 3 — 2 by the following Roll Call vote: AYES: Sykes, Toma NOES: Spence, Warshaw, Hertert Motion Motion by Warshaw to receive and file. No second. No action taken. Planning Department Veterans' Memorial Public Art Project at the West Covina Civic 8) Center Veteran's Memorial CEQA General Exemption Planning Director Jeff Anderson gave a detailed account of the work and development of the Veterans' Memorial Public Art that involved selection of the artist, conceptual design, use of funding from the City's Art in Public Places funds, and artwork review by the Planning Coimnission. The artist and consultant were present to answer questions. Councilmember Warshaw had questions on the cost allocation and total costs. Lesley Elwood of Elwood and Associates (Public Art consultant), responded to questions. Motion Motion by Hertert and seconded by Sykes to approve: 1. Select the conceptual artwork entitled "Remember Why" by Michael Amescua for the Veterans' Memorial to be located in the Civic Center Courtyard. 2. Authorize the Mayor to execute an agreement with Michael Amescua for the final design and creation of the artwork and to authorize the expenditure of up to $20,000 to allow the artist to provide a final design for the artwork. Motion carried 5 — 0 by the following Roll Call vote: AYES: Spence, Sykes, Toma, Warshaw, Fierfert NOES: None 9) Public Works Contracting Ordinance Public Works Contracting Ordinance City Attorney Barlow provided a brief report addressing previous questions by Councilmember Spence regarding the proposed ordinance, and stated the proposed ordinance has been simplified making sure Council would maintain control of large change orders on public works contracts. Councilmember Warshaw requested clarification of #E in the report - "A change order which results in a reduction in price, quantities purchased and/or scope of work may be approved by the Public Works Director and the City Manager." City Attorney Barlow provided a response and City Manager Chung gave an example to illustrate. Motion Motion by Warshaw and seconded by Spence to introduce the following ordinance: 7 City Council Minutes of October 21, 2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING ARTICLE X (PUBLIC WORKS CONTRACTS) OF CHAPTER 19 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE WEST COVINA MUNICIPAL CODE RELATED TO PUBLIC WORKS CONTRACTS Motion carried 5 — 0 by the following Roll Call vote: AYES: Spence, Sykes, Toma, Warshaw, Herfert NOES: None Councilmember Warshaw thanked the public who attended the meeting on the General Plan Update and gave a brief report of the Technical Advisory Committee meeting held on October 20, 2014. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION Mayor Steve Herfert . Request from Mayor Steve Herfert Requesting the City Council's Consideration to Obtain Costs to Demolish Portions of 10) Orangewood Park Baseball Field in Preparation of Soccer Orangewood Sports Complex Complex Construction Mayor Herfert requested staff to bring back a report on crime at Orangewood Park due to incidents that have been reported. Councilmember Warshaw visited the park and concurs with Mayor Herfert. Motion Motion by Herfert and seconded by Warshaw to bring back a report on crime at Orangewood Park. Motion carried 5 — 0 by the following Roll Call vote: AYES: Spence, Sykes, Toma, Warshaw, Herfert NOES: None Request from Mayor Steve Herfert Requesting the City Council's 11) Support to Discuss how Judgments are reported on the Financial Judgments Financial Statements Statements Mayor Herfert requested information to ensure that judgments are being correctly reported. He had questions regarding the Settlement Agreement and whether Escrow has closed on the property [auto dealership property].. He requested a report on this matter. Motion Motion by Herfert and seconded by Spence to bring back a report with information on the Settlement Agreement. Motion carried 5 — 0 by the following Roll Call vote: AYES: Spence, Sykes, Toma, Warshaw, Herfert NOES: None CITY COUNCIL COMMENTS Mayor Pro Tern Sykes spoke on the increase in crime as brought up by speakers and suggested residents diligently check their mail, especially voter materials and mail. Councilmember Spence requested to place on the agenda a request to waive attorney -client privilege on documents surrounding the CGM settlement to make it public. He commended the Fire/Paramedics for their recent assistance provided to a family friend and her father during a fall he sustained. And he congratulated Finance Director Nita McKay on her new job in San Bernardino and thanked her for her service to West Covina. He also asked that the meeting be adjourned in memory of Larry Henry, a West Covina resident and school board member. E: City Council Minutes of October 21, 2014 Councilmember Toma expressed his appreciation of several City events, the Pumpkin Run and Hurst Ranch Harvest Festival which he enjoyed along with his family and residents. He also thanked Ms. McKay for her hard work and service to the City. Councilmember Warshaw also thanked Ms. McKay for her services and wished her well in her new assignment. He also thanked Mayor Herfert for his part in the Ribbon Cutting Ceremony at the new Holiday Inn. City Manager Chung also thanked Ms. McKay and wished her well in her new job. Mayor Herfert expressed his appreciation of Ms. McKay's hard work and long hours and congratulated her on her new job. ADJOURNMENT Motion by Herfert to adjourn the meeting at 9:58 p.m. in memory of the following individuals who recently passed away: Robert L. Barlow, father-in-law of City Attorney Barlow, Michael A. Harris, and Larry Henry. Motion carried 5 -0. Submitted by: •, 1•" s Assistant i y, G rk• Susan Rush Mayor Fredrick Sykes E