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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. . 2 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 3 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 M 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 5 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. n 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. V]