08-06-2013 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
August 6, 2013
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:02 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Stephan Ichiriu
Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE Councilmember Sykes
ROLL CALL . Mayor Sanderson, Councilmembers McIntyre, Sotelo, Sykes
ABSENT Mayor Pro Tem Herfert
REPORTING OUT FROM CLOSED SESSION
Deputy. City Attorney Scott Nichols reported that the scheduled
special meeting at 6:30 p.m. for closed session discussion was not
held. However, he reported that at the last City Council special
meeting closed session, the claim filed against the City by CGM
was denied by a vote of 4-0. (Sanderson — Absent).
CHANGES TO THE AGENDA City Manager Chung reported there were no changes to tonight's
Agenda; however, he announced a revision to Item 8 — Proposition
A Fund Exchange — City of Industry — and the memo distributed to
Council on the change to the agreement as follows: "The City of
Industry owns and operates the Industry Metrolink Station parking
lot which supports the Metrolink Rail Service to downtown Los
Angeles. The City desires additional Proposition A Local Return
funds to assist in the maintenance of the Metrolink Station, and any
other Metro approved Proposition A capital expenditures."
In addition, he reported an email received regarding Mayor
Pro Tern Herfert's absence from tonight's meeting.
PRESENTATIONS Mayor Sanderson called forward Boy Scout Matthew Alcazar to
present him with a Certificate of Recognition for Outstanding
r Community Service provided to the Senior Center garden and
landscaping.
ORAL COMMUNICATIONS
Shahrzad Shishejar Shahrzad Shishejar, West Covina resident, thanked Council for
their recent support of a condominium complex and an individual
that wanted to build a home adjacent to the complex; expressed
concern with the responsiveness of the City Council for requests of
a call back; concerned with gun safety and supports a gun buy-
back program; and concerned with the election process and
election integrity and wished to discuss this with some of the
Councilmembers.
City Manager Chung provided an update of a gun buy-back
program currently being developed by the Police Department.
Lola Finley Lola Finley, West Covina resident, requested the City implement
an ordinance that would hold homeowners responsible for their
tenants similar to an ordinance recently adopted by the cities of
Azusa and Covina; expressed concern over an increase of
vandalism and burglaries in the neighborhood surrounding
Gingrich Park.
City Council Minutes of August 6, 2013
Leonor Carbajal Leonor Carbajal, West Covina resident concurred with the
speaker's request for an ordinance over the same matter.
Ruth Rosa Ruth' Rosa, West .Covina resident, also concerned with crime in
their neighborhood and.the need for assistance.
Jose Gomez Jose Gomez, West Covina resident, spoke in support of such an
ordinance; concerned with lack of privacy due to the view. into
backyards from paseos asking how to get the paseo closed off to
the public.
Irene Gomez Irene Gomez, West Covina resident, also spoke of concern about
the increase in crime in her neighborhood with the open access to
the paseo behind her home.
Irma Espinoza" Irma Espinoza, West Covina resident, also spoke of concern about
the increase in crime -in her neighborhood.
Robert Tagayuna Robert Tagayuna, West Covina resident, spoke of vagrants and
burglaries in the neighborhood and paseos and expressed concern
for his family's safety.
Trudy Saltmarsh Trudy Saltmarsh, West Covina resident, addressed the increase in
crime in the paseos and supports Ms. Finley's proposal and
inquired about the percentage of low income housing in West
Covina:,
City Manager Chung responded to the speaker's question
regarding low income housing and stated it is a State mandate to
provide low income housing and- that the City has exceeded its
mandate requirement.
Linda Mooney Linda Mooney, West Covina resident, addressed crime in her
neighborhood and requested unmarked police patrol to help reduce
crime with police presence; addressed the maintenance of
easements and landscaping along resident park side; addressed the
high cost of water; inquired as to whether the West Covina Fire
Dept. is going to County.
Jeffrey Weeks Jeffrey Weeks, West Covina resident, also concurred with the
previous speakers regarding problems in the neighborhood and
requested speed bumps on Woodgate to reduce speeding and asked
to have any other measure implemented that would improve
conditions for the residents.
In response to a speaker's inquiry, City Manager Chung
stated the City Council received and has responded to a request by
the Fire Association for a feasibility study and assured residents
they would be provided any updates. .
Carolyn Hamilton Carolyn Hamilton, West Covina resident, South Coast Air Quality
Management District representative, introduced herself and
referred to the folder of information provided to the Council and
invited the Council or their representatives to. AQMD's 251h
Annual Clean Air Awards on October 4, 2013.
Kathy Howard Kathy Howard, West Covina resident, thanked, the Council for
considering the ordinance proposed by Councilmember McIntyre
to prevent the sale of civic center property requesting full Council
support. .
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City Council Minutes of August 6, 2013
Lloyd Johnson Lloyd Johnson, West Covina resident, spoke on the update of the
General Plan; development in the -City; and expressed concern for
the City's financial future and City Council actions.
Forest Tennant Forest Tennant, West Covina resident, thanked the City Council
for the proposed ordinance to prevent the sale of civic center
property supporting the proposed ordinance.
John Shewmaker John Shewmaker, West Covina resident, addressed notification to
residents of the Fire Dept. feasibility study through the Discover
newsletter; inquired about the consequences of not implementing
low income/affordable housing requirements; refinancing of
bonds; addressed responsiveness to questions of staff, inquired
about the City Manager ordinance, and, the proposed ordinance
regarding sale of civic center property.
Bruce Leinbach Bruce Leinbach, West Covina resident, complimented the police
department for their help during a disturbance at his home;
addressed the proposed ordinance regarding civic center property
and the South Hills development project and San Bernardino Road
development:
Councilmember Sykes, Sotelo and McIntyre addressed
several residents' concerns.
CONSENT CALENDAR
1) Approval of Meeting Minutes (receive & file)
Minutes Special City Council Meeting Minutes of June 18, 2013
Regular City Council Meeting Minutes of June 18, 2013
Special City Council Meeting Minutes of June 26, 2013
2) Claims Against the City
Claims Against the City Government Tort Claim Denials (deny & notify claimant)
Recommendation is that the City Council deny the following
Government Tort Claims, and the claimants and/or their respective
attorneys be. so notified.
• Joey Pastores vs. City of West Covina
• Dale G. Quasny vs. City of West Covina
• Alexis Allen vs. City of West Covina
• Brandon Kennelley vs. City of West Covina
This item was removed from the Consent Calendar for separate ,
discussion.
Ordinance for Adoption
Zone Change No. 13-01
3) Applicant: WC Home LLC (Craig Cook)
1611, 1623 & 1773 W. San Location: 1611 1623, and 1773 West San Bernardino Road
Bernardino Road Development Recommendation is that the City Council adopt the following
ordinance:
Ordinance No. 2248 ORDINANCE NO. 2248 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 13-01
Treasurer's Report (receive & file)
4) City Treasurer's Report for the Month of June 2013
Treasurer's Report Recommendation is that the City Council receive & file this report.
City Manager's Office
5) BKK Radio Tower Lease Agreement with Educational Media
BKK Tower Lease Agreement Foundation
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City Council Minutes of August 6, 2013
Recommendation is that the City Council approve the lease
agreement with Educational Media Foundation to rent space on the
BKK Radio Tower.
Finance Department/Administrative Services
6) ` Public Financing Authority Item: Establishing a Regular Meeting
PFA Regular Meeting Schedule for the City of West Covina Public Financing Authority
Recommendation is that the West Covina Public Financing
Authority adopt the following resolution:
Resolution No. PFA-23 RESOLUTION NO. 23 — A RESOLUTION OF THE WEST
COVINA PUBLIC FINANCING AUTHORITY ESTABLISHING
A REGULAR MEETING SCHEDULE AND PROVIDING FOR
MATTERS RELATED THERETO
This item was_ removed from the Consent Calendar for separate
discussion.
7) Authorization to Proceed on Bond Refunding
Bond Refunding Recommendation. is that .the City Council adopt the following
resolution:
Resolution No. 2013-55 RESOLUTION NO. 2013-55 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING STAFF AND CONSULTANTS TO PREPARE
THE NECESSARY DOCUMENTATION FOR THE ISSUANCE
OF NOT TO EXCEED $3,200,000 OF TAX-EXEMPT BOND TO
REFINANCE OUTSTANDING WEST COVINA PUBLIC
FINANCING AUTHORITY LEASE REVENUE BONDS, 2003
SERIES A (COMMUNITY CENTER PROJECT); AND
APPROVING FINANCING TEAM MEMBERS IN
CONNECTION THEREWITH
8) Proposition A Fund Exchange — City of Industry
Prop A Fund. Exchange — Industry Recommendation is that the City Council approve the agreement
authorizing the sale of Proposition A Funds to the City of Industry
and authorize the City Manager to execute said agreement.
Police Department
Los Angeles Interagency Metropolitan Police Apprehension Crime
Task Force (L.A. IMPACT) Joint.Powers Agreement and
9) Amendment
LA IMPACT Recommendation is that the City Council:
1. Adopt the following resolution approving the Los Angeles
Interagency Metropolitan Police Apprehension Crime Task
Force Joint Powers Agreement (L.A. IMPACT JPA), authorize
the City's membership in the L.A. IMPACT Authority, and
authorize the Chief of Police to execute the JPA Agreement:
Resolution No. 2013-56 RESOLUTION NO. 2013-56 - A. RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING THE LOS ANGELES
INTERAGENCY METROPOLITAN POLICE
APPREHENSION CRIME TASK FORCE JOINT POWERS
AGREEMENT (LA IMPACT JPA); AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE THE JPA AGREEMENT
2. Approve the amendment to the above L.A. IMPACT JPA and
authorize the Chief of Police to execute said amendment.
CONSENT CALENDAR ACTION Motion by McIntyre and seconded by Sotelo to approve all items
listed on the Consent Calendar as presented except Item 3 —
Ordinance for Adoption, Zone Change No. 13-01, Applicant: WC
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City Council Minutes of August 6, 2013
Homes LLC (Craig Cook), Location: 1611, .1623, and 1773 West
San Bernardino Road and Item 7 —' Authorization to Proceed on
Bond Refunding.
' Motion carried by 4 - 0.
Item 3 Ordinance for Adoption
Zone Change No. 13-01
Applicant WC Homes LLC (Craig Cook)
Location: 1611, 1623, and 1773 West San Bernardino Road
Councilmember Sykes expressed concerns that the zone change
needed further looking into and recommended sending it back to
the Planning Commission.
Motion Motion by McIntyre and, seconded by Sotelo to adopt the following
ordinance:
Ordinance No. 2248 ORDINANCE NO. 2248 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 13-01
Motion carried by 3 — I (Sykes — No).
Item 7 Authorization to Proceed on Bond Refunding
Councilmember Sykes requested a staff report.
Finance and Administrative Services Director Nita McKay
stated that the City wants to move forward to approve refunding of
the debt and take advantage of low interest rates, and, by doing so,
save the City General Fund $180,000/year for 10 years by
extending the term of the bonds and creating savings to the
General Fund over time.
Sykes asked McKay what the debt was currently. Financial
Advisor John Fitzgerald, addressed the current debt refunding.
Motion Motion by Sykes and seconded by McIntyre to adopt the following
resolution:
Resolution No. 2013-55 RESOLUTION NO. 2013-55 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING STAFF AND CONSULTANTS TO PREPARE
THE NECESSARY DOCUMENTATION FOR THE ISSUANCE
OF NOT TO EXCEED $3,200,000 OF TAX-EXEMPT BOND TO
REFINANCE OUTSTANDING WEST COVINA PUBLIC
FINANCING AUTHORITY LEASE REVENUE BONDS, 2003
SERIES A (COMMUNITY CENTER PROJECT); AND
APPROVING . FINANCING TEAM MEMBERS IN
CONNECTION THEREWITH .
Motion carried by 4 ' 0.
SUCCESSOR AGENCY Mayor Sanderson recessed the City Council meeting at 8:29 p.m.
to convene the Successor Agency meeting.
The City Council reconvened the Council meeting at 8:30 p.m.
with all members present except Mayor Pro Tem. Herfert.
MAYOR/COUNCILMEMBER REPORTS
Mayor Shelley Sanderson
10) Letter to Governor Jerry Brown Seeking Direct Funding for Cities
Public Safety Realignment to Address the Impacts of AB 109 (Public Safety Realignment)
Mayor Sanderson requested a letter be prepared and sent to
Governor Brown regarding AB 109 on its impact to local
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City Council Minutes of August 6, 2013
Motion
11)
Sale of Civic Center Property
Motion
communities expressing, her concern and requested a staff report
presentation.
City Manager Chung briefly commented that crime in the
area is a result of AB 109 and that it affects all communities in
California.
Police Chief La Commare addressed the ramifications of
AB 109 and the letter from the Mayor requesting additional
resources to assist cities with the release of inmates and their
impact on local communities and local law enforcement.
Motion by Sanderson and seconded by Sykes to approve the letter
in substantial form with minor changes. Motion carried by 4 — 0.
Councilmember Andrew McIntyre
Consideration of an Ordinance Requiring the Vote of the
Electorate Approving the Transaction Prior to the Sale, Lease, or
Rent of Civic Center Property to a Private Party
City Manager Chung briefly reported that � staff followed
Councilmember McIntyre's direction to draft an ordinance
consistent with the language of the proposed initiative submitted to
the City and that any changes Councilmember McIntyre may want
to add may be incorporated in the ordinance. He then read the title
of the ordinance that is essentially is listed in the initiative measure
as follows:
"To sell, lease, or rent any portion of land to a private party
in the Civic Center of West Covina, which is the property
bordered by West Covina Parkway, Sunset Avenue and
Garvey Avenue, a majority of West Covina voters must
approve the transaction at a regular election."
In addition, McIntyre also requested that language be added
to the ordinance that an election of the people is required in order
to change the ordinance.
Mayor Sanderson requested clarification. of the ordinance
language "property" at the Civic Center.
Deputy City Attorney Nichols requested Councilmember
McIntyre's clarification of his motion.
To clarify,. Councilmember McIntyre made the following
motion:
Motion by McIntyre to include language in the ordinance that it
would require a majority vote of the people to not only sell, lease
or rent Civic .Center property, but it would also require a majority
vote of the people in an election to make changes to the. ordinance.
Seconded by Sykes to introduce the following ordinance as
amended.
AN ORDINANCE OF THE. CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADDING ARTICLE X —
SECTION 2-5000 REQUIRING THE VOTE OF A MAJORITY
OF WEST COVINA, VOTERS IN ORDER TO APPROVE ANY
TRANSACTION INVOLVING THE SALE, LEASE OR RENT
TO A PRIVATE PARTY OF PROPERTY LOCATED IN THE
CIVIC CENTER OF WEST COVINA, WHICH IS BORDERED
BY WEST COVINA PARKWAY, SUNSET AVENUE AND
GARVEY AVENUE
Motion carried by 4 — 0.
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City Council Minutes of August 6, 2013.
CITY COUNCIL REQUEST FOR REPORTS, STUDIES OR INVESTIGATION.
Mayor Pro Tem Steve Herfert
Request from Mayor Pro Tern Steve Herfert Seeking the City
Council's Support to Instruct City Staff to Study the Feasibility of
Installing a Flashing Crosswalk at the Intersection of Sunset and
12) Sunset/Rowland Crosswalk Rowland Avenues
Mayor Sanderson announced that in Mayor Pro Tern Herfert's
absence, the Council could provide direction.
Motion Motion by McIntyre and seconded by Sykes to have staff bring
back a report to the September 17t" regular council meeting on
installing a flashing crosswalk at the intersection of Sunset and
Rowland Avenues.
Motion carried by 4-0.
CITY COUNCIL COMMENTS
& IX11" II�I_►I "I
rnitted by:
M44��
Assistant City T16rk Susan Rush
Request by Mayor Sanderson to have a report brought back on
development at City Parks and open space.
Motion by Councilmember McIntyre and seconded by Sykes to
adjourn the meeting at 8:53 p.m. in memory of former resident
Justin Sigmon who passed away, and a former Navy Veteran and
his wife who lost their unborn twins.
Motion carried by 4 - 0.
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