01-10-2012 - Special Meeting - Minutes•
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MINUTES
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
January 10, 2012
Mayor Touhey called to order the special meeting of the West Covina City Council at 6:09 p.m. in the
City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina. ,
ROLL CALL Mayor Touhey, Mayor Pro Tem Lane
Councilmembers Herfert, Sanderson (arrived at 6:37), Sykes
Others Present: Pasmant, Bachman, Gorman, Nichols, St. Peter, Lee
PUBLIC COMMENT ON ITEMS ON THE AGENDA
No comments offered.
CLOSED SESSION Mayor Touhey commenced the closed session at 6:14 p.m. to
discuss the following matters:
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Pasmant, Bachman
• Employee Organizations
Confidential Employees - General Employees
- Maintenance & Crafts Employees - Mid -Management
- Non -Sworn Safety Support Employees Employees
- W.C. Police Officers' Association
- W.C. Police Management Association - WC Firefighters'
- W.C. Firefighters' Association, I.A.F.F., Management Assoc.
Local 3226
City Negotiator: Pasmant
• Miscellaneous Unrepresented
including
-Assistant City Clerk
-Assistant City Manager
-Community Development
Commission Director
-Community Services Director
-Deputy City Manager
- Finance Director
- Director of Risk Management
Management Employees,
-Fire Chief
-Director of Human
Resources
-Planning Director
-Police Chief
-Public Works
Director/City
City Engineer
CONFERENCE WITH LEGAL COUNSEL — EXISTING
LITIGATION
Pursuant to Government Code § 54956.9(a)
Community Redevelopment. Association vs. Matosantos
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RECESS Mayor Touhey recessed the closed session discussion at 7:00 p.m.
so the City Council could relocate to the City Hall Council
Chambers, 1st Floor. Mayor Touhey reconvened the special
meeting at 7:09 p.m. with all members present.
PLEDGE OF ALLEGIANCE Councilmember Herfert
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney Gorman reported the following:
Prior to convening into closed session, all items on the City
Council agenda were announced for inclusion in the closed session
discussion; all members of the Council were present.
Special City Council Meeting January 10, 2012
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Items on the agenda:
Conference with Labor Negotiators — Employee Organizations:
Confidential Employees, Maintenance & Craft Employees, Non -
Sworn Safety Support Employees, General Employees, Mid -
Management Employees, W.C. Police Management Association,
W. C. Police Officers Association, W.C. Firefighters' Management
Association, W.C. Firefighters' Association, I.A. F. F., Local 3226,
Miscellaneous Unrepresented Management Employees: Assistant
City Clerk, Assistant City Manager, Community Development Dir.,
Community Services Dir., Deputy City Manager, Finance
Director, Fire Chief, Dir. Human Resources, Planning Director,
Police Chief, Public Works Dir/City Engineer, Dir. Risk
Management — All Councilmembers were present. Council
received a report by staff with no final action taken and nothing
further to report.
Conference with Legal Counsel — Existing Litigation —
Community Redevelopment Association vs. Matosantos — All
members were present. The Council was provided a report by staff
regarding significant CDC legal consequences of this case related
to financial impacts on the City and related issues associated with
legislation case dealing with AB 26X and AB 27X. Council
received a report by legal counsel with no final action taken and
nothing further to report.
PUBLIC COMMENT ON ITEMS ON THE AGENDA
Mayor Touhey asked Deputy City Attorney Gorman to provide the
rules for public comment during a special meeting.
Deputy City Attorney Gorman announced that according to
Government Code Section 54954.2, public comment during a
special meeting is limited to only matters listed on the special
meeting agenda. Any matters not listed on the agenda will not be
appropriate for public comment tonight but may be addressed
during a subsequent regular City Council meeting. In addition, -
during the public hearing on tonight's agenda, public comments
may be considered when the public hearing is opened so that those
comments are part of the formal record for that item.
Jeanne Leonard Mayor Touhey advised Ms. Leonard that her request to speak on
"sound walls" was not an item listed on.the agenda and therefore,
could not be heard during tonight's meeting. However, he advised
her that she may address the item at the next regular meeting of the
City Council.
CONSENT CALENDAR Councilmember Herfert requested that Item #1 — Designating the
City of West Covina as the Successor Agency for the
Redevelopment Agency (Community Development Commission)
— be pulled for separate consideration and a presentation of the
staff report by the City Manager prior to accepting public
comments.
Community Development Commission - Miscellaneous
Designating the City of West Covina as the Successor Agency for
1) the Redevelopment Agency (Community Development
City Successor Agency to CDC Commission)
City Manager Pasmant gave a brief staff report on the effects of the
actions by the Supreme Court on December 29, 2011, when it
ruled for the elimination of redevelopment agencies statewide. He
outlined the impact to the City and stated that the City needed to
adopt a resolution to create a successor agency to wind down the
Agency's debts and obligations, the sale of assets, paying off
indebtedness, completing contractual obligations and obligations in
tax increment so that the City remains in control of remaining
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Special City Council Meeting January 10, 2012
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assets of the Redevelopment Agency until meeting with the
County's oversight committee. He also outlined the impact on the
loss of revenues to the City due to this legislation.
Mr. Pasmant stated additional information will be brought
to the January 17, 2012 meeting to address the economic impact to
the city as a whole.
Councilmember Herfert commented on the dire effects of
this legislation to the City and called for action to both adopt the
resolution and work with legislators to overturn this legislation.
Mayor Touhey reminded all that the City has until January
13, 2012 to act on this item.
PUBLIC COMMENTS ON ITEMS ON THE AGENDA (continued)
Cookie Nance Cookie Nance, West Covina resident, addressed the elimination of
the redevelopment agencies and said the City needs businesses and
asked the Council to work on a solution.
Joanne Wilner Joanne Wilner, West Covina resident, asked for an explanation of
the fiscal changes resulting from the assumption of the RDA
regarding fees, RDA pay to Councilmembers as the RDA board,
sources of funding, the effect on the City's general fund,
incremental property tax receipts, the loan between the City and
CDC, the significance and estimated amount of fees established in
ABX 126 which referred to 5% the first year and 3% each
subsequent year for administration by the successor agency, and as
protection from the alternate potential of a non -West Covina
agency successor, stated that the City should be the successor
agency.
City Manager Pasmant addressed the speakers' inquiries
regarding the fiscal impact and stated that some of the questions
would be addressed on January 17t" because information is not
available now to respond.
Deputy City Attorney Scott Nichols stated that the
California Supreme Court has said the life of redevelopment
agencies is in the hands of the state legislators and advised writing
to the legislature often on the devastating effects to the City.
Mayor Touhey also mentioned the Oversight Committee
that will oversee the Successor Agency and this Oversight
Committee will be under the direction of Los Angeles County and
made up of members that might be West Covina residents who will
have the task of disposing of West Covina assets.
Resolution No. 2012-1 RESOLUTION NO. 2012-1 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ELECTING TO BECOME THE SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY OF THE CITY OF WEST
COVINA PURSUANT TO PART 1:85 OF DIVISION 24 OF
THE CALIFORNIA HEALTH AND SAFETY CODE
Motion Motion by Herfert and seconded by Sanderson to approve the one
item listed on the Consent Calendar as presented.
Motion carried by 5 — 0.
HEARINGS
2) Appeal Hearing
General Plan Amendment No. 11-01
Zone Change No. 11-01
Appeal of Precise Plan No. 11-02
Appeal of Tree Removal Permit No. 11-04
Appeal of Variance No. 11-08
Negative Declaration of Environmental Impact
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Special City Council Meeting January 10, 2012
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Location: 1607 West Covina Parkway (Southeast corner of
West Covina Parkway and West Garvey Avenue South — Civic
Center)
2) Applicant: Peichin Lee (CGM Development, Inc.)
CGM Civic Center Development Mayor Touhey announced the hearing matter and Assistant City
Clerk verified that proper legal notice had been given.
Mayor Touhey then proceeded to open the hearing citing
the various necessary approvals for this project and said that
Agenda Item No. 3 is related to this matter and called for a motion
to bring forward Item No. 3 to be considered with the Appeal.
Item 3 Moved forward Motion by Herfert and seconded by Lane to bring forward Agenda
Item 3, Disposition and Development Agreement with CGM
Development, Inc.
Motion carried by 5 — 0.
DDA Disposition and Development Agreement with CGM
3) Development, Inc.
Mayor Touhey called for the presentation of the staff report.
Planning Director Jeff Anderson presented the staff report
describing the property location and proposed changes as follows:
(1) A General Plan amendment to change the land use designation
from "Public Facilities" to "Service and' Neighborhood
Commercial";
(2) A zone change from "Public Building" to "Neighborhood
Commercial";
(3) A precise plan for the physical development of the site
(including a tree removal permit);
(4) A tentative tract map to create an approximately 29,000-square
foot lot and to subdivide it into 39 office condominium units;
and-
(5) A variance to deviate from the City's parking requirements.
He detailed the proposed location of the building, the
number of condominium units; the changes to parking lots
including additional parking to be constructed; the landscaping
changes and areas that would remain; County parking changes and
briefly described the areas where these would be located.
He then outlined the necessary approvals to accommodate
the development with more details of lot sizes, subdivisions to
accommodate condominiums, a physical description of the
proposed building, access to the area, an additional turn lane on the
westbound I10 freeway at Pacific Avenue due to a Traffic Study
that was conducted and ownership rights of portions of the
property. As for the trees to be removed, a total of 133 would have
to be removed. but the developer would be replanting 150 trees and
donating 50 additional trees for City parks and added that the
mitigation measures detailed in the staff report address concerns
regarding environmental, transportation and traffic issues.
In addition, he explained the Planning Commission's
findings and decisions.
Community Development Commission Director Chris
Chung gave a report on the steps that led to the development of
this project in this particular area. He began by explaining the
Redevelopment Agency's efforts to follow the guidelines of the
City's unchanged 1986 General Plan and how the City's 1994
Implementation Plan identified the Civic Center as a potential
office development site.' Therefore, the Redevelopment Agency
pursued the development of the site.
Chung continued his report detailing many aspects of the
proposed project stating that, first, in order to implement the
project, the County Library parking situation had' to be addressed
and the developer agreed to construct a parking lot for the County
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Special City Council Meeting January 10, 2012
Library. Chung also covered other aspects of the project such as
the proceeds from the sale of the property at $719,000; $24,000
annually in property tax revenues; explained that the project is not
targeted exclusively for medical uses but includes other
professional uses and also explained how the designated use for
medical increased the project's allowable parking spaces; includes
the creation of 180 permanent jobs and 114 construction jobs; and
• that the developer would be replacing'many of the trees that will be
removed. Chung then offered to answer any questions.
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Council discussion Councilmember . Herfert inquired about any structural changes to
the Library and about the green area for picnics.
Chung assured all that there would be no changes to the
Library and said during construction of the parking lot for the
Library, the Library would remain open and said, in addition, that
Library patrons would also be able to park after hours at the office
development site when completed. After discovering that there
was undocumented fill under the trees, he added that the developer
would additionally, have to excavate deep and remove many of
these trees.
Councilmember Sykes asked, due to resident concerns, if
an open bid process had been conducted for this project.
Chung replied that the manner in which the project had
been marketed since 1994 was not through a bid process but
developers made proposals. He emphasized that it was a
competitive process because anyone could have submitted an offer;
however, due to the recent economic downturn, it has been
difficult for anyone to make an offer.
Mayor Pro Tern Lane asked about CalTrans' proposal for
this area; whether the grassy area used during the annual Easter
Egg Hunt would remain; and asked where the proceeds and
revenues from the project would end up.
Chung and City Manager Pasmant explained that CalTrans'
proposal for the HOV Lanes expansion would require widening the
freeway and taking roadway along North Garvey Avenue South
from Pacific Avenue and along all of City Hall up to the Crazy
Horse restaurant and will result in the removal of many of the trees
along this area. In exchange, CalTrans would be constructing
sidewalks in the area.
In response to the question on the grassy area for the annual
Egg Hunt and the revenues, it was explained that the grassy area
would not be removed, but there may be some wiring that would
go underground and revenue from the sale would go into the
General Fund.
Public testimony Mayor Touhey then proceeded to open the public comment portion
of the hearing and called for speakers in favor of the project.
In Favor Peichin Lee of CGM Development, Inc. and West Covina resident,
spoke in support of the project and said she understood the concern
for the trees and emphasized that she would replace trees and
offered to answer any questions.
The following speakers expressed their support for the project for
the following reasons: Convenience to medical services, economic
growth for the City, trees to be replaced, job creation, modernize
the. City, revenues to be gained, reputable developer.
Hee Wan Chen, San Gabriel resident
Hytham Elserif, West Covina resident
Kevin Peng, West Covina resident
Willie Kuo, Artesia resident
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Special City Council Meeting
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Kenneth Peng, Walnut resident
Maggie Lee, Covina resident
Jade Ma, Hacienda Heights resident
Rudy _Davila, Rancho Cucamonga resident
Tina Su, West Covina resident
Sheri Vernon, Diamond Bar resident
Ronald Su
Nick Sun, West Covina resident
Tony Truong, West Covina resident
Chonglam Ma, West Covina resident
Lillian Lee, West Covina resident
Kelly Lu, West Covina resident
Alan Boinus, Orange County
Henry Tang, West Covina resident
Manuel Ruiz
Terry Lou, City of Industry resident
Eric Chang, Chino Hills resident
Honorita Natividad, Walnut resident
Arcel Punsalang, Walnut resident
Janina Legazpi, West Covina resident
Via A. Grande, West Covina resident
Rob Sotelo, West Covina resident
Dan Mock, Fontana resident
Lisa Larios
Jose Garcia, West Covina resident
Glenn Kennedy, West Covina resident
Riki Rivera, West Covina resident
Ashleigh Rivera, West Covina resident
Jerry Dagrella, West Covina resident
Al Yerkish, West Covina resident
Thomas Hartfield, Arcadia resident
Sean Hartfield, Monrovia resident
Erickson Sy, Covina resident
John Hartfield, Arcadia resident
Andy McIntyre, West Covina resident
Javier Fernandez, Ontario resident
Thomas O'Donnel, West Covina resident
Jerry Curcio, West Covina resident
Don Carman, West Covina resident
Tony Mendoza, West Covina resident
Cian Chu, Hacienda Heights resident
Peter H. Davis, West Covina resident
Mayor Touhey then called for speakers in opposition of the item.
Opposed The following speakers spoke in opposition to the project for the
following reasons: No need for another medical building due to
current numerous medical office vacancies; location will destroy
the historical beauty of the landscape and open area; opposed to
the selling of City property; non -substantial revenues; impact to
Library parking and access, increased traffic.
Tina Mays, Hacienda Heights resident and County Health
Department employee
Bill Robinson, West Covina resident
Royall Brown, West Covina resident
Bruce Leinbach, West Covina resident
Mercedes Gomez
Alan Carrico, West Covina resident
Fernando Torres, West Covina resident
Phillip Moreno, West Covina resident
Dolores Lawrence, West Covina resident
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Special City Council Meeting January 10, 2012
City Council called a recess at 9:34 p.m. City Council reconvened at 9:50 p.m. with all members
present. Testimony in opposition continued.
Blanca Venzor, West Covina resident
Forrest Wilkens, West Covina resident
Betty Parnell, West Covina resident
William Bradstreet, West Covina resident
Giancarlo Massarotto, West Covina resident
• James Toma, President of Friends of the Library
Elsie Messman, West Covina resident
Carolyn Arndt, West Covina resident
Irene Fleck, West Covina resident
Geneva Nixon, West Covina resident
Beverly Bulthuis, West Covina resident
Charles J. Wilt, West Covina resident
Steve Hurney, West Covina resident
Joanne Wilner, West Covina resident
Herb Redholtz, West Covina resident
Kim Sutlift, West Covina resident
Michael Flowers, West Covina resident
Homer Castille, West Covina resident
Teofilo Ponce, West Covina resident
Robert Lockwood, West Covina resident
Angie Gillingham, West Covina resident
Baalah Drooks, West Covina resident
John Shewaker, West Covina resident
Joaquin Castaneda, Assemblyman R. Hernandez Representative
Michael Miller, West Covina resident
Fred Willis, West Covina resident
Ray Bulthuis, West Covina resident
Red Williams
Greg Tuttle
Lloyd Johnston, West Covina resident
Neutral Rich Lopez, West Covina resident, felt the project will not benefit
the residents of West Covina financially considering its 45 million
dollar deficit.
Christopher Brown, CGM Development consultant on the initial
study, for the .project, said the environmental analysis showed that
there would be no significant environmental impact with
mitigation; that trees would be replaced one to one plus additional
trees; that landscape coverage would be in excess of what the
municipal code requires; that it found there were no conflicts with
the City's General Plan including land -use and economic
development elements; and traffic improvements were possible
with the improvements by CalTrans to the I10 freeway onramp and
parking would be adequate as 218 spaces were being provided for
the 177 parking demand.
Mayor Touhey then called for rebuttal by the developer.
Rebuttal No rebuttal by developer.
Close testimony With no one else wishing to address Council, Mayor Touhey
proceeded to close the public testimony portion of the hearing.
Council discussion Councilmember Sanderson asked City Manager to clarify a
statement by a speaker who stated the City's deficit was $45
million dollars and City Manager Pasmant explained that the
City's current fiscal and recently adopted budget shows a deficit of
$1.9 million and pointed out concerns regarding the redevelopment
matter with a potential of losing $21 million from the City's
reserves.
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Special City Council Meeting January 10, 2012
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Sanderson listened to speakers and addressed the serious
financial situation and her efforts of not wanting to tax residents.
Councilmember Herfert addressed his efforts to base
decisions on providing a strong base for the City by bringing in
new business and on planning for the dire financial future due to
the economic downturn and the elimination of redevelopment
agencies that will affect public safety services to residents.
Mayor Pro Tern Lane also highlighted the Council's efforts
to bring in revenues to fund vital services for the community and
that she wished to avoid raising taxes on residents.
Mayor Touhey spoke in more detail of the projects in the
past that have been beneficial to the City and how the Council
struggled to make difficult decisions with differences of opinion
from the public but looking for the City's best interests.
Motion Motion by Herfert and seconded by Lane to adopt the following
resolutions, which will overturn the decision of the Planning
Commission and approve the project. Motion carried by the
following Roll Call vote:
AYES: Herfert, Lane, Touhey
NOES: Sanderson, Sykes
Resolution No. 2012-2 RESOLUTION NO. 2012-2 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CERTIFYING OF THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR GENERAL PLAN
AMENDMENT NO. 11-01, ZONE CHANGE NO. 11-01,
PRECISE PLAN NO. 11-02, TREE REMOVAL PERMIT NO.
11-04, VARIANCE NO. 11-08 AND TENTATIVE TRACT MAP
NO. 71595, PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
Resolution No. 2012-3 RESOLUTION NO. 2012-3 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT NO. 11-01
Resolution No. 2012-4 RESOLUTION NO. 2012-4 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
OVERTURNING THE DECISION OF THE PLANNING
COMMISSION AND APPROVING PRECISE PLAN NO. I1-02
AND TREE REMOVAL PERMIT NO. 11-04
Resolution No. 2012-5 RESOLUTION NO. 2012-5 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
OVERTURNING THE DECISION OF THE PLANNING
COMMISSION AND APPROVING VARIANCE NO. I 1-08
Resolution No. 2012-6 RESOLUTION NO. 2012-6 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
OVERTURNING THE DECISION OF THE PLANNING
COMMISSION AND APPROVING TENTATIVE TRACT MAP
NO. 71595
Motion Motion by Herfert and seconded by Lane to introduce the
following ordinance. Motion carried by the following Roll Call
vote:
AYES: Herfert, Lane, Touhey
NOES: Sanderson, Sykes
Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 11-01
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Special City Council Meeting
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Motion Motion by Herfert and seconded by Lane to approve the
Disposition and Development Agreement with CGM
Development, Inc. and authorize the City Manager, o his designee,
to execute all agreements necessary to implement the
professional/medical office development project.
Motion carried 3-2 (Sanderson, Sykes — No)
ADJOURNMENT Motion by Herfert and seconded by Lane to adjourn the meeting at
11:55 p.m. in memory of the following:
June Blakely, long time resident
Julio Amaya, father of Public Works employee, Norma Duna
Dinacio Bogadillo, father of El Monte City Manager Rene
Bogadillo.
Motion carried by 5 — 0.
Submittgd by
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sistant City„Clerk Susan Rush
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