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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. 2 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 t] 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. rd 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. 5 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. 3 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 7