02-03-2015 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY, FEBRUARY 03 2015, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
CALL TO ORDER — Mayor Fredrick Sykes called the meeting to order at 7:10 p.m.
INVOCATION — Led by Assistant City Clerk Rosalia Conde
PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tern James Toma.
ROLL CALL
Present: Sykes, Toma, Herfert, Spence, Warshaw
Absent: None
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code $ 54957.6
City Negotiators: Mauk, Freeland, Barlow
• Employee Organizations
- Confidential Employees - General Employees
- Maintenance & Crafts Employees
- W.C. Police Officers' Association
- W. C. Firefighters' Management Assoc.
Mid -Management Employees
W.C. Police Management Association
W.C. Firefighters' Assoc., I.A.F.F., Local 3226
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Hector Garay v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code $ 54956.9(d)(1)
Perez v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code & 54956.9(d)(1)
Whitlock v. City of West Covina
City Attorney Kimberly Barlow stated there was direction provided on each matter and there was
no reportable action.
CHANGES TO THE AGENDA
Interim City Manager Mauk stated there were no changes to the agenda.
PRESENTATIONS
Mayor Sykes called forward Police Chief Dave Faulkner who introduced two new West Covina
Police Officers, Erich Hoefke and Matthew McGirr.
Representative from Caltrans provided a PowerPoint presentation on the current Interstate 10 High
Occupancy Vehicle expansion.
Planning Director Jeff Anderson gave a status report on the General Plan Update.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Vickie Scheliga, West Covina resident announced the upcoming "Night on the Town" event which
is a fundraiser for the Lions Club.
Nick Lewis, West Covina resident and City Clerk, addressed his position of elected City Clerk as
only a ceremonial position and requested the City Council to consider putting forth a ballot
initiative to allow the voters to determine whether the position should continue to be an elected
position or an appointed position.
Colleen Rozatti, West Covina City Treasurer and West Covina Beautiful president, announced the
upcoming 92" d City birthday celebration on February 19 at the South Hills Country Club, and
stated that she has not yet been able to review nor signed the City Treasurer's report on the agenda.
Lloyd Johnson, West Covina resident, supported the Council accepting an extension to the artwork
timeline for Plaza West Covina and supported the adoption of the resolution to deny the General
Plan amendment for the project on San Bernardino Rd. Mr. Johnson also supported rumor of
Portos Bakery coming to West Covina at the current Crazy Horse location.
Gary Gileno, addressed the General Plan Update and questioned information provided by SCAG
(Southern California Council of Governments).
John Shewmaker, West Covina resident, requested status of the year end audit; addressed
comments made by the City Clerk; opposed the City's Art in Public Places
Carolyn Arndt, West Covina resident, announced West Covina Improvement Association Casino
Night, in conjunction with the Veterans of Foreign Wars Post 8620, to raise funds for the Veterans
Memorial.
Wen Zhang, representing the West Covina Library, announced upcoming library events.
Brian Huben Esq., representing Plaza West Covina, addressed the request by Starwood for an
extension of time for artwork at the Plaza.
Royall Brown, West Covina resident, spoke on economic development and to retain the industrial
zoning on San Bernardino Road.
Craig Cook, representing WC Home and applicant of project on San Bernardino Road, requested
that the resolution denying the General Plan amendment regarding the development of San
Bernardino Road be pulled from the agenda and the project be sent back to the Planning
Commission in order to review changes to his proposed development that should meet concerns
previously discussed.
Elsie Messman, West Covina resident, addressed several items listed on the agenda.
Councilmember Herfert and Interim City Manager Mauk addressed several comments by speakers
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call
vote. There will be no separate discussion of these items unless members of the City Council/Community
Development Commission request specific items to be removed from the Consent Calendar for separate discussion at -
action.
APPROVAL OF MEETING MINUTES (receive & file)
1) Joint City Council & Planning Commission Meeting Minutes of September 30, 2014
Regular City Council Meeting Minutes of October 21, 2014
Special City Council/CDC/Parking Authority Meeting Minutes of October 21, 2014
Motion by Warshaw and seconded by Herfert to receive and file. Motion carried 5-0.
AYES:
Herfert, Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
TREASURER'S REPORT (receive & file)
2) City Treasurer's Report for the Quarter Ended December 31, 2014
It is recommended that the City Council receive and file this report.
This item was removed from the consent calendar for separate consideration.
Motion by Toma and seconded by Warshaw to hold over to the next City Council meeting to allow
for the City Treasurer's review. Motion carried 5-0.
AYES:
Herfert, Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
PLANNING DEPARTMENT
3) Art in Public Places 13-01, Request to use In -Lieu Fee Deposit - Plaza West Covina
It is recommended that the City Council accept the proposed timeline and allow artwork to
be designed for Plaza West Covina utilizing the $322,120.07 in -lieu deposit. The artwork
application will be reviewed as a private developer application. If Starwood desires to
extend the timeline, the matter would be rescheduled for the next available City Council
agenda.
Motion by Warshaw and seconded by Herfert to approve. Motion carried 5-0.
AYES:
Herfert, Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
4) Resolution for Adoption
General Plan Amendment No. 14-02
Applicant: WC Homes LLC (Craig Cook)
Location: 1611, 1623 and 1773 West San Bernardino Road
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-8 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DENYING GENERAL PLAN
AMENDMENT NO. 14-02
This item was removed from the consent calendar for separate consideration. Councilmember
Spence inquired into the difference of approving the denial resolution versus sending back to the
Planning Commission to review new proposal as requested by the applicant. City Attorney Barlow
and Planning Director Anderson responded to questions concurring there is little difference except
fees as it would be a new project either way.
Motion by Spence and seconded by to send back to the Planning Commission for review. Motion
fails for lack of second.
Following Council discussion, motion by Sykes and seconded by Warshaw to approve denial
Resolution No. 2015-8. Motion carried 3-2.
AYES:
Toma, Warshaw, Sykes
NOES:
Herfert, Spence
ABSENT:
None
PUBLIC WORKS
5) As -Needed Consulting, Building Inspection, and Plan Check Services for The Lakes
at West Covina Project
It is recommended that the City Council take the following actions:
1. Accept the proposal of RKA Consulting Group of Walnut, California for the as -needed
consulting, building inspection, and plan check services for The Lakes at West Covina
project; and
2. Approve the agreement between Lennar and the City of West Covina for Lennar to
reimburse the City for costs associated with additional inspection services above and beyond
what is provided by City inspectors.
This item was removed from the consent calendar for separate consideration. Councilmember
Spence inquired as to noticing requirements and inspections.
Motion by Spence and seconded by Warshaw to approve. Motion carried 5-0.
AYES:
I-Ierfert, Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
6) Code Amendment No. 13-07
Second Dwelling Units
General Exemption
The Planning Commission and staff recommend that the City Council introduce the
following ordinance:
ORDINANCE NO. 2271 - 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 SECOND DWELLING UNITS
Full audio discussion of the Public Hearing can be heard at www.westcoivnci.org.
Mayor Sykes introduced the Public Hearing matter; Assistant City Clerk Conde verified proper
legal notice was given and Mayor Sykes opened the hearing.
Staff reported presented by Planning Director Jeff Anderson. Anderson reviewed the proposed
revisions to the code in order to comply with State Law and the Housing Element. Mr. Anderson
offered to answer questions.
With no one wishing to make public comments Mayor Sykes asked for Council discussion.
Council engaged in discussion regarding proposed language and unique properties (i.e. corner
lots).
Motion by Spence and seconded by Herfert to introduce the proposed ordinance with amendments
which would contain language addressing unique/unusual lots, retain original language regarding
primary and second units, and keep original language regarding Development Standards regarding
second units of lots with Accessory Living Quarters (which is none). City Attorney Barlow stated
the ordinance would need to be returned for first reading/introduction with such substantial changes.
Motion failed 2-3.
AYES:
Herfert, Spence
NOES:
Toma, Warshaw, Sykes
ABSENT:
None
Motion by Warshaw and seconded by Tomas to bring back the ordinance for introduction with an
amendment to add language to address unique/unusual lots. Motion carried 3-2.
AYES:
Toma, Warshaw, Sykes
NOES:
Herfert, Spence
ABSENT:
None
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
7) An Ordinance amending Article VIII of the West Covina Municipal Code related to
Campaign Finance Regulations
It is recommended that the City Council introduce, give first reading to, and waive further
reading of the following proposed ordinance amending Article VIII of the West Covina
Municipal Code:
ORDINANCE NO. 2272 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE VIII OF THE
WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE
REGULATIONS
City Attorney Barlow stated the ordinance is per Council's direction given during previous
discussions and summarized the proposed changes.
Motion by Spence and seconded by Herfert to table the item and any changes until after the
November 2015 election. Motion failed 2-3.
AYES:
Herfert, Spence
NOES:
Toma, Warshaw, Sykes
ABSENT:
None
Councilmember Spence initiated discussion regarding wording in the proposed ordinance under
findings which addressed the increased costs of campaigns, suggested limiting campaign
expenditures and requested [Section 2-400] Findings (2) and (4) be removed from the ordinance.
Discussion continued regarding contribution limits, Independent Expenditure spending and
candidate loans.
Motion by Toma and seconded by Warshaw to give first reading and introduce the ordinance.
Motion carried 3-2.
AYES: Toma, Warshaw, Sykes
NOES: Herfert, Spence
ABSENT: None
SUCCESSOR AGNECY
The City Council recessed the City Council meeting to convene the Successor Agency meeting
at 9:35 p.m. The City Council reconvened at 9:39 p.m. with all members present.
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMEMBER STEVE HERFERT
8) Building Maintenance Issues of the West Covina Police Department Building
It is recommended that the City Council appropriate $70,000 from General Fund reserves
to account It 0.83.8526.7530 for the replacement of the Police Station roof, as CIP Project
BP-15304.
Following motion by Councilmember Herfert to approve, Interim City Manager Mauk stated the
appropriation amount of $70,000 should be increased to $98,000 to include jail facility roof.
Motion by Herfert and seconded by Spence to appropriate $98,000 for the Police Station roof and
the jail roof.
AYES:
Herfert, Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
COUNCILMEMBER STEVE HERFERT
9) Conversion of City Streetlights to Light Emitting Diodes (LED)
It is recommended that the City Council direct staff accordingly.
Councilmember Herfert stated his requested was to receive information as to when Edison would
convert to LED's in the SCE owned streetlights, and not the cost it would be to the city to convert.
SCE representative Ben Wong addressed the issue.
Motion by Herfert to write a letter to Edison encouraging them to start a process convert the
lighting from High Pressure Sodium to LED. Councilmember Warshaw seconded the motion with
an amendment to look into converting through funding program at no cost to the city.
Councilmember Herfert accepted the amendment.
AYES: Herfert, Spence, Toma, Warshaw, Sykes
NOES: None
ABSENT: None
10) Councilmember Steve Herfert request to revote on month -to -month agreement with
Corvel to provide worker's compensation third party administration
It is recommended that the City Council provide City staff direction on this matter.
Councilmember Herfert expressed several concerns with Corvel's administration, lack of city
oversight and the fact that Corvel has utilized an attorney's firm not on the city's approved list of
attorneys for workers' compensation cases.
Motion by Herfert and seconded by Warshaw to agendize for the next meeting a public record
that responds to several of his concerns.
AYES: Herfert, Spence, Toma, Warshaw, Sykes
NOES: None
ABSENT: None
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any
ineeting/evendconference attended at City expense.)
No verbal reports.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 4.f- Requests for reports, studies, or investigations that are not readily
available must be placed on the City Council/Community Development Commission agenda as items of business and
must be approved by a majority of the City Council/Community Development Commission.)
COUNCILMAN MIKE SPENCE
11) Request from Councilman Mike Spence requesting the City Council's consensus to
instruct City staff to prepare a report to unlink City Council employment benefits
from Department Heads' employment benefits
It is recommended that the City Council direct staff accordingly.
Motion by Spence and seconded by Warshaw to unlink City Council employment benefits from
those of the Department Heads.
Phil Moreno, West Covina resident, spoke in opposition to City Council benefits equal to
department heads. Councilmember Herfert responded to Mr. Moreno's comments.
Motion carried 5-0.
AYES: Herfert, Spence, Toma, Warshaw, Sykes
NOES: None
ABSENT: None
COUNCILMAN MIKE SPENCE
12) Request from Councilman Mike Spence requesting discussion on the Art in Public
Places Code
It is recommended that the City Council direct staff accordingly.
Motion by Spence and seconded by Herfert to bring this item back for further discussion of the
Art in Public Places municipal code section. Motion carried 4-1.
AYES: Herfert, Spence, Toma, Sykes
NOES: Warshaw
ABSENT: None
COUNCILMEMBER COREY WARSHAW
13) Request from Councilmember Corey Warshaw requesting the City Council's
consensus to instruct City staff to prepare a report to consider modifying the
appointment process of City Commissioners
It is recommended that the City Council direct staff accordingly.
Motion by Warshaw and seconded by Spence to bring back for discussion models for appointing
commissioners.
Herb Redholtz, West Covina resident, spoke in favor of reverting the appointment process back to
the process of each councilmember appointing commissioners. Mr. Redholtz also spoke in
opposition of an initiative to allow the position of City Clerk to be appointed.
Motion carried 5-0.
AYES:
Herfert, Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
COUNCILMAN MIKE SPENCE
14) Request from Councilman Mike Spence requesting the City Council's consensus to
instruct City staff to prepare a report on the process to update or seek to amend the
Municipal Code regarding City Manager recruitment and retention
It is recommended that the City Council direct staff accordingly.
Motion by Spence and seconded by Warshaw to instruct staff to prepare a report on the process to
update or seek to amend the City Manager recruitment and retention code section.
AYES:
Herfert, Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
CITY COUNCIL COMMENTS
Mayor Sykes requested to agendize a request for a report on a plan to relocate/evacuate school
children in the event of bomb or other emergency threat.
Councilmembers congratulated Assistant City Manager Mike Lee on his career move to the City
of Moreno Valley.
ADJOURNMENT
Motion by Herfert and seconded by Spence to adjourn the meeting at 11:00 p.m. in memory of
West Covina resident Dorothy Fertala.
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Submitted by:,_
CMC
Assistant City'
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