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01-10-2012 - Special Meeting - Minutes• 0 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 l 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 r� • 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 2 Special City Council Meeting January 10, 2012 • • 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 3 Special City Council Meeting January 10, 2012 C` 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 0 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. • 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 5 Special City Council Meeting January 10, 2012 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 2 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. 7 Special City Council Meeting January 10, 2012 • • 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 n Special City Council Meeting January 10, 2012 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 M sistant City„Clerk Susan Rush • 0(cV, L' 7 'II 0