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
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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
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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.
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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:
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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.
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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
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