10-01-2013 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 01, 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 Kelly Dupee
Police Chaplain and Pastor at Faith Community Church
PLEDGE OF ALLEGIANCE Councilmember Robert Sotelo
ROLL CALL Mayor Sanderson, Mayor Pro Tern Herfert,
Councilmembers McIntyre, Sotelo, Sykes
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman 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 Councilmembers were present.
Items on the City Council/Community Development
Commission and Parking Authority agenda:
Conference with Legal Counsel — Existing Litigation —
CGM Development, Inc. v. City of West Covina — Special Counsel
presented the matter to Council; direction was provided to special
counsel; there was no final action taken with nothing further to
report.
Conference with Legal Counsel — Existing Litigation —
State of California vs. City of West Covina, Successor Agency to
the West Covina Redevelopment Agency, West Covina Community
Development Commission; West Covina Parking Authority; Case
Nos. BC519400, BC519545, BC519543, BC519546, BC516022 —
This involves a condemnation matter to be brought by the State of
California adjacent to the 10 Freeway — City Council was provided
a briefing by the City Attorney's office on these matters; there was
no final action taken, however, Council gave direction to the City
Attorney's office to defend these matters on behalf of the City and
also further appointed Glenn Block to represent the Successor
Agency to represent the City in defending these various matters
involving the Successor Agency.
CHANGES TO THE AGENDA City Attorney Alvarez-Glasman announced that Item #6 — Public
Financing Authority: Approval of Resolution, Authorizing the
Issuance of Variable Rate Demand Lease Revenue Refunding
Bonds, Series 2013A — is to be removed from the Consent Calendar
to be approved after the Consent Calendar.
Councilmember Sykes requested to add an item to tonight's
agenda regarding Centenarian recognitions.
City Attorney Alvarez-Glasman responded to Mayor
Sanderson's request to address criteria for adding an item to the
Agenda.
Mayor Sanderson requested to continue the discussion
during Mayor/Councilmember Reports section of the agenda.
PRESENTATIONS Mayor Sanderson presented Fire Chief Rick Genovese with a
proclamation designating the week of October 6-12, 2013 as
National Fire Prevention Week.
City Council Minutes of October 01, 2013
Mayor Sanderson presented Certificates of Recognition to the
following:
• Shetland 5 Red All -Stars, District, Section, Region and Zone
Champions 2013
• Mustang 10 Red All -Stars - Region Champions 2013
• Bronco 11 Red All -Stars — Region Champions 2013
• Bronco 12 Red All -Stars — Section Champions 2013
Recess Mayor Sanderson recessed the City Council meeting at 7:23 PM.
The City Council reconvened their meeting at 7:43 PM with all
members present.
ORAL COMMUNICATIONS
Vickie Sheliga Vickie Sheliga, West Covina resident, announced community
events hosted by the Lions Club including free vision eye
screenings.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed neighborhood
crime and its effect on rental properties and revenue and asked that
the proposed property ordinance address concerns.
Kingsley Rajah Kingsley Rajah, president of Woodbridge Homeowners Assn.,
addressed crime in rental units.
Jefferson DeRoux Jefferson DeRoux, West Covina resident, inquired about the
replacement of the marquee at Cameron Park.
Corey Warshaw Corey Warshaw, West Covina resident, inquired about SB470 and
whether City is supporting it.
Alvin T. Love Alvin T. Love, West Covina resident, inquired into the status of the
project at 1856 Sunset.
Herb Redholtz Herb Redholtz, West Covina resident, addressed the Candidate
Form and live internet streaming of the forum.
Carolyn Arndt Carolyn Arndt, West Covina resident, addressed the League of
Women Voters' Candidate forum; and requested the appeal of the
litigation of the Civic Center be stopped.
John Shewmaker John Shewmaker, West Covina resident, addressed the refinancing
of bonds and the intended use with the money saved; addressed the
funding of litigation and asked for previously requested
information on the cost of litigation.
Dave Stewart Dave Stewart, West Covina resident, spoke on the rental housing
and inspection ordinance brought forth at a previous meeting.
Forrest Wilkins Forrest Wilkins, West Covina resident, addressed the procedure for
speaking at Council meetings and addressed conduct and actions of
Councilmembers at a previous meeting; made a formal request for
the City Council to provide an audit of Ridgeriders/Maverick Field
for possible revenue generating opportunities.
Shirley Buchannan Shirley Buchanan, West Covina resident, addressed litigation in
the City and the cost to the taxpayers and residents.
Shirley Leon Shirley Leon, West Covina resident, addressed issues in her
neighborhood.
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City Council Minutes of October 01, 2013
George Ogden George Ogden, West Covina resident, addressed the Veterans'
Memorial project at City Hall and donations to help fund the
project.
Irene Fleck Irene Fleck, West Covina resident, announced upcoming Library
events.
Miguel Rivera Miguel Rivera, West Covina resident, addressed the Traffic
Committee Minutes on the agenda regarding No Parking on Street
Sweeping Days on Avington.
City Manager Chung and City Attorney Alvarez-Glasman
responded to Mr. Rivera's questions regarding the Traffic
Committee Minutes on the agenda.
City Attorney Alvarez-Glasman addressed speaker's comments to
halt the appeal of the Civic Center project judgment. In addition,
City Attorney addressed inquiry into attorney's fees and litigation.
Mayor Sanderson addressed inquiry to audit Ridgerider/Maverick
Park.
CONSENT CALENDAR
Approval of Meeting Minutes (receive & file)
1) Minutes Special City Council Meeting Minutes of August 6, 2013
Regular City Council Meeting Minutes of August 6, 2013
Commission Summary of Actions (receive & file)
2) Community/Senior Summary Community and Senior Citizens Commission — July 9, 2013
3) Planning Commission Summary Planning Commission — September 24, 2013
The City Council removed the following item from the Agenda to
be placed on a future Agenda.
Traffic Committee Minutes — Meeting of September 17, 2013
4) L Request:
Traffic Committee Connie Madott, West Covina Resident
That No Parking on Street Sweeping Days be implemented on
Avington Avenue, from Cameron Avenue to the end of the street,
every Thursday of each month from 7:00 a.m. to 3:00 p.m.
Traffic Committee Recommendation:
That No Parking on Street Sweeping Days be implemented on
Avington Avenue, from Cameron Avenue to the end of the street,
every Thursday of each month from 7:00 a.m. to 3:00 p.m.
Finance Department and Administrative Services
5) Approval of Salary Range for User Support Specialist Position
User Support Specialist Salary with the West Covina Service Group (WCSG)/Police Department
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2013-64 RESOLUTION NO. - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING THE SALARY RANGE FOR THE
CLASSIFICATION OF USER SUPPORT SPECIALIST WITHIN
THE WEST COVINA CONFIDENTIAL EMPLOYEES'
ASSOCIATION
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City Council Minutes of October 01, 2013
This item was removed from the Consent Calendar for separate
discussion.
6) Public Financing Authority Item: Approval of Resolution
Refunding Bonds, Series 2013A Authorizing the Issuance of Variable Rate Demand Lease Revenue
Refunding Bonds, Series 2013A
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2013-64 RESOLUTION NO. 2013-64 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING A SITE LEASE, A LEASE AGREEMENT, A
PRELIMINARY OFFICIAL STATEMENT, AN OFFICIAL
STATEMENT, A CONTINUING DISCLOSURE AGREEMENT
AND A BOND PURCHASE AGREEMENT; APPROVING
CERTAIN TERMS AND CONDITIONS FOR A
REIMBURSEMENT AGREEMENT; AND AUTHORIZING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
Recommendation is that the West Covina Public Financing
Authority adopt the following resolution:
Resolution No. 24 RESOLUTION NO. 24 — A RESOLUTION OF THE WEST
COVINA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE EXECUTION AND DELIVERY OF A SITE LEASE, A
LEASE AGREEMENT, AN INDENTURE, AN ASSIGNMENT
AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT,
AN OFFICIAL STATEMENT, A REMARKETING
AGREEMENT, AND A BOND PURCHASE AGREEMENT
AND APPROVING CERTAIN TERMS AND CONDITIONS
FOR A REIMBURSEMENT AGREEMENT IN CONNECTION
WITH THE ISSUANCE AND SALE OF WEST COVINA
PUBLIC FINANCING AUTHORITY VARIABLE RATE
DEMAND LEASE REVENUE REFUNDING BONDS, SERIES
2013A IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $3,200,000, AND OTHER MATTERS RELATED
THERETO
AB 1234 Conference and Meeting Report (receive & file)
7) AB 1234 Conference and Meeting Report — League of California
League of CA Cities Cities
Recommendation is that the City Council receive and file the
report.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by McIntyre to approve all items
listed on the Consent Calendar as presented except Item 4 — Traffic
Committee Minutes — Meeting of September 17, 2013 and Item 6 —
Public Financing Authority Item: Approval of Resolution
Authorizing the Issuance of Variable Rate Demand Lease Revenue
Refunding Bonds, Series 2013A.
Motion carried by 5 — 0.
Item 4 Traffic Committee Minutes — Meeting of September 17, 2013
This item was removed from the Agenda to be placed on a future
meeting to give staff time to respond to a speaker's inquiry of the
matter.
Item 6 Public Financing Authority Item: Approval of Resolution
Authorizing the Issuance of Variable Rate Demand Lease
Revenue Refunding Bonds, Series 2013A
City Manager Chung called Finance and Administrative Services
Director Nita McKay forward to provide a brief staff report.
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City Council Minutes of October 01, 2013
McKay began with the history of the Lease Revenue Bonds
issued on February 19, 2003 for $3.6 million to construct the
Community Center. She explained the financial structure of those
bonds that have an outstanding balance of $2.5 million.
Through City staff s continual search for cost savings and
cash flow enhancements, the City Council, on August 6, 2013,
adopted a resolution authorizing staff and consultants to prepare
the necessary documentation for the issuance of $3.2 million in tax
exempt bonds to refinance the outstanding debt on those bonds.
McKay explained that the $3.2 million was set as a "not to exceed"
amount to avoid having to come back to Council for approval if the
final costs go over by a small dollar amount. She further explained
the proposed bond refinancing is estimated to come in at less than
$2.5 million with a lower interest rate on a variable rate structure
estimated at 1.3% and not to exceed 4%. It is estimated that this
would result in an estimated annual savings of approximately
$180,000 for the next ten years. McKay then offered to answer
any questions.
Councilmember McIntyre asked if the savings could
possibly fund adding one police officer.
McKay responded it was possible.
Councilmember Sotelo then asked if two police officers
could be added and asked that a report be brought back.
Motion Motion by Sotelo and seconded by McIntyre to adopt the following
resolutions:
Resolution No. 2013-65 RESOLUTION NO. 2013-65 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING A SITE LEASE, A LEASE AGREEMENT, A
PRELIMINARY OFFICIAL STATEMENT, AN OFFICIAL
STATEMENT, A CONTINUING DISCLOSURE AGREEMENT
AND A BOND PURCHASE AGREEMENT; APPROVING
CERTAIN TERMS AND CONDITIONS FOR A
REIMBURSEMENT AGREEMENT; AND AUTHORIZING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
Motion carried by 5 — 0.
Motion Motion by McIntyre and seconded by Sotelo to adopt the following
West Covina Public Financing Authority resolution:
Resolution No. 24 RESOLUTION NO. 24 — A RESOLUTION OF THE WEST
COVINA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE EXECUTION AND DELIVERY OF A SITE LEASE, A
LEASE AGREEMENT, AN INDENTURE, AN ASSIGNMENT
AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT,
AN OFFICIAL STATEMENT, A REMARKETING
AGREEMENT, AND A BOND PURCHASE AGREEMENT
AND APPROVING CERTAIN TERMS AND CONDITIONS
FOR A REIMBURSEMENT AGREEMENT IN CONNECTION
WITH THE ISSUANCE AND SALE OF WEST COVINA
PUBLIC FINANCING AUTHORITY VARIABLE RATE
DEMAND LEASE REVENUE REFUNDING BONDS, SERIES
2013A IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $3,200,000, AND OTHER MATTERS RELATED
THERETO
Motion carried by 5 — 0.
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City Council Minutes of October 01, 2013
PUBLIC HEARINGS
Public Hearing
General Plan Amendment No. 13-03
Code Amendment No. 13-06
Housing Element Update (2014-2021)
8) Addendum to Mitigated Negative Declaration of Environmental
Housing Element Update Impact to the 2008-2013 Housing Element Update
Mayor Sanderson announced the hearing matter and Planning
Director Jeff Anderson introduced Housing Consultant Sara
Walker of Environmental Science Associates who provided the
report on the Housing Element update. With the use of a
PowerPoint presentation, she provided a detailed review of the
process to develop the final Housing Element Update, the contents,
the changes that were made, and indicated that it was beneficial to
have an updated, certified Housing Element to avoid losing grant
funding opportunities, challenges to the City's Housing Element
and legal consequences, and having to prepare two planning cycles
instead of one. She reported that the City's Regional Housing
Needs Assessment allocation was lowered to 831 units for its share
of regional housing needs and then explained the final certification
process.
Planning Director Anderson proceeded to report on the
Code Amendment and gave reasons for the need of a Code
Amendment to zoning and stated that the last changes adopted by
the State were in 2008. Consequently, the City is required to
update the respective zoning ordinances in compliance with the
most recent State law provisions. The proposed ordinance amends
the current residential density bonus regulations as required by
State law and Anderson explained the impact of this change and
the final certification of these documents. He then offered to
answer any questions.
Public testimony Mayor Sanderson then proceeded to open the public testimony
portion of the hearing and called for public comments.
Close testimony There being no one wishing to address the Council, Mayor
Sanderson closed the public testimony portion of the hearing.
Motion Motion by Sykes and seconded by McIntyre to adopt the following
resolution:
Resolution No. 2013-66 RESOLUTION NO. 2013-66 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT NO. 13-03
Motion carried by 5 — 0.
Mayor Pro Tern Herfert thanked Planning Director Anderson and
the Housing Consultant for their hard work in updating the
Housing Element and producing an acceptable document.
Motion Motion by McIntyre and seconded by Herfert to introduce the
following ordinance:
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 DENSITY BONUS STANDARDS IN THE LOW -
AND MODERATE -INCOME AND SENIOR CITIZEN
HOUSING SECTION OF THE MUNICIPAL CODE
Motion carried by 5 — 0.
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City Council Minutes of October 01, 2013
Public Hearing
2013 Congestion Management Program (CMP)
Conformance Self -Certification and Local Development Report
(LDR)
9) Categorical Exemption
Congestion Management Program Mayor Sanderson announced the hearing matter and Planning
Director Jeff Anderson gave a brief report on the 2013 Congestion
Management Program explaining the need for the City's
compliance with and self -certification of this program to allow the
City to maintain its eligibility to receive its share of State Gas Tax
revenues for capital improvement projects.
He reported that the City received approximately
$2,800,000 annually in gas tax revenues. The required Local
Development Report (LDR) reports the amount of development
activity between June 1, 2012 and May 31, 2013. In conclusion,
he reported that the City will meet all of the major CMP
responsibilities for the 2013 reporting period and stated that staff
recommends the approval of the attached resolution.
Public testimony Mayor Sanderson then proceeded to open the public testimony
portion of the hearing and called for public comments.
Close testimony There being no one wishing to address the Council, Mayor
Sanderson closed the public testimony portion of the hearing.
Motion Motion by Sotelo and seconded by Herfert to adopt the following
resolution:
Assistant City Clerk Rush presented:
Resolution No. 2013-67 RESOLUTION NO. 2013-67 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND
ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65089
Motion carried by 5 — 0.
CITY COUNCIL COMMENTS Councilmember Sykes reiterated his request to add to the Agenda a
Centenarian Program for Council approval.
Discussion ensued regarding the concept of a centenarian
program for the City. City Manager Chung informed the Council
that staff had recently implemented a program administratively.
Motion Motion by Herfert and seconded by McIntyre to bring back a
report on a policy for a centenarian program for the City.
Motion carried by 5 — 0.
ADJOURNMENT Motion by Herfert and seconded by Sotelo to adjourn the Council
meeting at 9:12 p.m. in memory of Lou Cronin, longtime resident
and Socorro Romero, aunt of City Manager office employee Nancy
Ramos. Motion carried by 5 - 0.
Submitted by:
Assistant Cit Clerk Susan Rush
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