12-02-2014 - Regular Meeting - MinutesS
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
December 02, 2014
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:17 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Reverend John Foye
Community Presbyterian Church
PLEDGE OF ALLEGIANCE Councilmember Corey Warshaw
ROLL CALL Mayor Sykes, Mayor Pro Tem Toma
Councilmembers Herfert, Spence (arrived at 7:37 p.m.), Warshaw
REPORTING OUT FROM CLOSED SESSION
City Attorney Kimberly Hall Barlow announced that there
were three items on the Closed Session Agenda and that Council
gave direction regarding Labor Negotiations; direction was given
to Special Legal counsel on the Inland Oversight Committee
matter; and there was discussion on the Anticipated Litigation
matter but no direction was given.
[Conference with Labor Negotiators - City Negotiators:
Chung, Freeland —Confidential Employees, Maintenance & Crafts
Employees, Non -Sworn Safety Support Employees, W.C. Police
Management Association, W.C. Firefighters'Association, IA.FF,
Local 3226, General Employees, Mid -Management Employees,
W.C. Police Of Association, W.C. Firefighters' Management
Association —
Conference with Legal Counsel — Existing Litigation —
Inland Oversight Committee v. City of West Covina, Los Angeles
County Superior Court Case No. BS152091
Conference with Legal Counsel — Anticipated Litigation —
One Matter.]
CHANGES TO THE AGENDA City Manager Chung announced that the applicant for Item #7
General Plan Amendment No. 14-02, Zone Change No. 14-02,
Mitigated Negative Declaration of Environmental Impact, Precise
Plan No. 14-02, Tentative Tract Map No. 72152 — has requested to
hold the item over to the City Council meeting of December 16,
2014. City Manager elaborated stating he understood the
developer is looking to reduce the number of homes of that
development and therefore, staff is recommending the item be held
over to give the public opportunity to provide input on those
revised plan.
Councilmember Toma asked if Planning staff would have
sufficient time to prepare the item in a timely manner due to the
short time frame given.
City Attorney Barlow stated that she and Planning Director
Anderson discussed the request when it was received and
Anderson strongly expressed that there is certain information he
will need to meet that deadline and Barlow said the applicant and
its legal counsel were made aware of this fact.
Motion Motion by Herfert and seconded by Warshaw to move the item,
item 7, forward to be heard after the Presentations.
Motion carried 4 — 0 by the following Roll Call vote:
AYES: Herfert, Toma, Warshaw, Sykes
NOES: None
City Council Minutes of December 02, 2014
PRESENTATIONS Mayor Sykes called forward Police Chief Dave Faulkner to
introduce and commend the following K-9 Teams:
Officer Matt Bowman and K9 Partner "Rec"
Corporal Nick Franco and K9 partner "Rocco"
Police Chief acknowledged Officer Bryan Rodriguez and K9
partner "Reiko" who was shot in the line of duty and is recovering
Mayor Sykes called forward Fire Captain Browne and Andy
McIntyre, Vice President of the Friends of the West Covina K9
Program to present to Mr. McIntyre and the Friends of the West
Covina K9 Program a check from the Firefighters Association.
The following item was brought forward by Council consensus to
discuss the applicant's request for a continuance to the Council
meeting of'December 16, 2014
7) Public Hearing
General Plan Amendment No. 14-02
Zone Change No. 14-02
Mitigated Negative Declaration of Environmental Impact
Precise Plan No. 14-02
Tentative Tract Map No. 72152
Applicant: WC Homes LLC (Craig Cook)
Location: 1611, 1623 and 1773 W. San Bernardino Road
Mayor Sykes called forward the applicant to address the request to
continue the item.
Craig Cook, representing WC Homes, stated the request
was due to comments made, articles in the newspaper and
Facebook comments, they felt they needed to do more research and
possibly meet with the community to address their concerns and
get their input and they are asking for two weeks to submit a
revised proposal that would address concerns.
Councilmember Warshaw inquired of Planning Director
Anderson what Planning needs from WC Homes and whether Mr.
Cook can provide it timely.
Anderson stated he is required to submit a draft staff report
in two days to meet deadlines, and the final report has to be
completed by the following Thursday to provide copies for the
outgoing Council agenda. He mentioned he has other obligations
this week and will find it extremely difficult to find time to
complete the process timely. He stated he will need a Specific
Plan from WC Homes with the changes being requested and will
have to reflect those changes on four resolutions and an ordinance.
He cautioned that any litigation would focus on those resolutions
and the ordinance and would prefer not to risk any errors that
would result with so little time — it would not be two weeks, but
rather for his staff it would be only two days to review and provide
a staff report.
Mayor Pro Tern Toma stated he would prefer not to have
staff rushed to complete the report and was also concerned with
having the public unsure when they would be heard if there are
further delays and asked Mr. Cook if this could wait until January
for a proper review of the item.
Mr. Cook stated there would be expenses he would have to
bear and he expressed concern that the hearing might not be
properly noticed for the public if the City could not provide the
item on the December 16, 2014 agenda.
City Attorney Barlow interjected that the hearing would be
on the Agenda of December 16, 2014 but if staff could not have
the item ready to present at that meeting, the Agenda would reflect
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City Council Minutes of December 02, 2014
that the matter would be continued to January and would meet
proper notification to the public through the agenda.
Mayor Pro Tem Toma felt that if it appeared on the
December 16, 2014 Agenda but would not be heard, this would
compel the public to attend and then have to return in January to
actually hear the matter.
Councilmember Spence arrived at 7:37 p.m. and took his place at the podium.
Motion Motion by Toina and seconded by Warshaw to continue the
hearing to January 20, 2015.
Councilmember Herfert suggested he would be willing to
attend the January 6, 2015 council meeting to hear this item as an
option.
Craig Cook felt January 20, 2015 would be fine and he
would provide several specific plans as options for the
development.
Action on Motion Motion carried 4 — 1 (Spence —No)
AYES: Herfert, Toma, Warshaw, Sykes
NOES: Spence
Mayor Sykes asked those who submitted requests to speak on this
matter whether they wished to speak now or in January.
Suggestions were made by Councilmember Warshaw and City
Attorney Barlow. Mayor Sykes determined speakers who wanted
to speak at tonight's meeting regarding this matter may do so.
Carolyn Arndt Carolyn Arndt, West Covina resident, felt the community needed
to consider that the City is in the midst of the General Plan revision
and felt this project had similarities to other projects that failed.
Councilmember Warshaw requested Mr. Cook to provide a date
and time for his outreach meeting next week for the public to be
made aware tonight.
Mr. Cook was not available.
Gloria Landaverde Gloria Landaverde of Heavenly Pet Resort, submitted a petition to
the City Clerk; expressed her opposition to the project due to her
concern for the noise from the resort's inhabitants and the change
in zoning that would affect her business.
Jennifer Rhyne Jennifer Rhyne, West Covina resident, is opposed to the project
which she feels will destroy businesses in the area.
Don Holtz Don Holtz, West Covina resident and Planning Commissioner,
inquired as to whether the project will need to be returned to the
Planning Commission if there are going to be changes as proposed
by the developer and expressed opposition for the project.
Lloyd Johnson Lloyd Johnson, West Covina resident, spoke in opposition to the
project.
Elsie Messman Elsie Messman, West Covina resident spoke in opposition to the
project.
Beverly Bulthuis Beverly Bulthuis, West Covina resident, also speaking on behalf of
her husband Ray, spoke in opposition.
Mario Del Fame Mario Del Fame, West Covina resident, opposed the zone change
for the proposed project.
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City Council Minutes of December 02, 2014
John Shewmaker John Shewmaker, West Covina resident, cited several reason why
he opposed the project.
ORAL COMMUNICATIONS
Bruce Leinbach Bruce Lienbach, West Covina resident, congratulated Mayor Sykes
on his rotation to Mayor, spoke in opposition to the San
Bernardino Rd. project, and commented on the passing of longtime
resident and SHOP member Willie Voges.
Forrest Wilkins Forest Wilkins, West Covina resident, addressed BIS's (Business
Improvement Districts) and private security companies which can
assist businesses with issues within the BID's.
Irene Fleck Irene Fleck, West Covina resident and representing Friends of the
Library, announced upcoming library events.
CONSENT CALENDAR
Approval of Meeting Minutes (receive & file)
1) Minutes Special City Council Meeting Minutes of August 19, 2014
Regular City Council Meeting Minutes of August 19, 2014
Commission Summary of Actions
2) Traffic Committee Traffic Committee Meeting of November 18, 2014
L Request:
Roland Hoshizaki, West Covina Resident
That parking on Mardina Avenue from Maplewood Avenue to the
end of the street be restricted to permit only parking from 2:00 a.m.
to 6:00 a.m. Sunday through Saturday.
Traffic Committee Recommendation:
That parking on Mardina Avenue from Maplewood Avenue to the
end of the street be restricted to permit only parking from 2:00 a.m.
to 6:00 a.m. Sunday through Saturday.
City Manager's Office
3) City Attorney Agreement Adoption of Legal Services Agreement with Jones & Mayer for
City Attorney and Successor Agency Counsel Services
Recommendation is that the City council adopt the following
resolution approving a legal services agreement with Jones &
Mayer to eliminate uncertainty concerning the status of the
contract based on allegations that the contract was improperly
adopted on August 18, 2014:
Resolution No. 2014-51 RESOLUTION NO. 2014-51 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING RETAINER AGREEMENT FOR LEGAL
SERVICES WITH JONES & MAYER
Finance and Administrative Services Department
Adopting a New Memorandum of Understanding (MOU) and
Amending Compensation and Benefits for the Non -Sworn Safety
4) Support Employees' Association
Non -Sworn MOU Recommendation is that the City Council adopt the following
resolution approving a one-year employment agreement with the
Non -Sworn Safety Support Employees' Association:
Resolution No. 2014-52 RESOLUTION NO. 2014-52 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING A ONE-YEAR MEMORANDUM OF
UNDERSTANDING (MOU) FOR THE NON -SWORN SAFETY
SUPPORT EMPLOYEES' ASSOCIATION AND AMENDING
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City Council Minutes of December 02, 2014
COMPENSATION AND BENEFITS FOR THE NON -SWORN
SAFETY SUPPORT EMPLOYEES' ASSOCIATION
Public Works
5) Acceptance of Public Improvements for Project Nos. SP-14107
Street Rehab Work and SP-14108 — Maior and Residential Street Rehabilitation Work
Recommendation is that the City Council:
1. Accept Project Nos. SP-14107 and SP-14108 AS 100%
compete.
2. Approve the Final Adjusting Change Order in the amount of
$28,289.52.
3. Authorize the recordation of the Notice of Completion with the
Los Angeles County Recorder.
4. Authorize the Release of Retention in the amount of
$55,143.98, 35 days after the recordation of the Notice of
Completion.
6) Del Norte Park Improvements Approval of Project Specifications
Del Norte Park Improvements and Plans (Project No. PP-14211)
Recommendation is that the City Council approve the plans and
specifications for Del Norte Park Improvements project (Project
No. PP-14211) and authorize the advertisement for bids.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Warshaw to approve all items
listed on the Consent Calendar as presented.
Motion carried 5 — 0 by the following Roll Call vote:
AYES: Herfcrt, Spence, Toma, Warshaw, Sykes
NOES: None
HEARINGS The,following item was heard after Presentations at the beginning
ofthe meeting.
7) Public Hearing
General Plan Amendment No. 14-02
Zone Change No. 14-02
Mitigated Negative Declaration of Environmental Impact
Precise Plan No. 14-02
Tentative Tract Map No. 72152
Applicant: WC Homes LLC (Craig Cook)
Location: 1611, 1623 and 1773 W. San Bernardino Road
MAYOR/COUNCILMEMBERS REPORTS
AB1234 Conference and Meeting Report
CITY COUNCIL COMMENTS
Couneilmember Herfert reported on his attendance at the Nation
League of Cities s Conference held in Austin Texas.
Mayor Sykes announced upcoming General Plan Focus Group
meetings.
RECESS Motion by Warshaw and seconded by Herfert to adjourned to
closed session in memory of longtime resident and member of the
police department SHOP program Willie Vogel.
The City Council recessed the regular City Council meeting
at 8:45 p.m. in order to relocate to the City Manager's Conference
Room for closed session discussion.
The City Council reconvened the Regular City Council meeting at
9:30 p.m. with all members present.
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City Council Minutes of December 02, 2014
CLOSED SESSION Mayor Sykes commenced the closed session discussion at 9:35
p.m. to discuss the following issues.
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Chung
* Miscellaneous Unrepresented Management Employees,
including
-Assistant City Clerk
-Assistant City Manager/CDC Director Director
-Community Services Director
-Finance and Administrative Services Director
-Fire Chief
-Planning Director
-Police Chief
-Public Works Director and City Engineer
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
ADJOURNMENT Meeting adjourned at 10:30 p.m.
Submitted by:
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ssistanTCity.;C "rk'Susaii Rush
_ - Mayor Fredrick Sykes
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