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01-21-2014 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL January 21, 2014 Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:05 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Mason Okubo Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE Mayor Pro Tem Fred Sykes ROLL CALL Mayor Herfert, Mayor Pro Tem Sykes, Councilmembers Spence, Toma, Warshaw REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to convening into closed session, all items on the City Council/Community Development Commission/Parking Authority agenda and the Successor Agency were announced for inclusion in the closed session discussion with all members present. Items on the City Council/Community Development Commission/Parking Authority: Successor Agency agenda: Conference with Real Property Negotiators — Property: 825 S. Sunset Avenue — City Attorney Alvarez Glasman reported that this item was not discussed and will be held over to the next regular meeting. Conference with Legal Counsel — Existing Litigation — City of West Covina v. Hassen Imports Partnership, et al.; Los Angeles Superior Court Case No. KC048157; In re Hassen Imports Partnership, Debtor, United States Bankruptcy Court Case No. 2:11-bk-42068ER; In re Hassen Imports Partnership, Debtor, United States Bankruptcy Court Case No.2:13-cv-07532-CAS — All five members were present; a briefing was provided by Special Counsel to the City Council and Successor Agency with no action taken and nothing further to report. Conference with Legal Counsel — Existing Litigation — Coalition for Land Use Equity (CLUE) v. City of West Covina — All five members were present and received a briefing on this matter with no action taken. Direction was provided to the City Attorney's Office consistent with what was provided in Closed Session. This matter will be brought back at a future date. Conference with Legal Counsel — Existing Litigation — Case No. BC 491349 — State of California v. City of West Covina, - Case No. BC 519400 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency, West Covina Community Development Agency; Case No. BC 519545 State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency, West Covina Community Development Agency; Case No. BC 519543 — State of' California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency, West Covina Parking Authority: Case No. BC 519546 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency; Case No. BC 5196022 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency — Councilmember/Board Member Toma did not participate in the discussion of these matters being represented by the Office of the California Attorney General as Mr. Toma is a Deputy Attorney General with that office. A briefing was provided to the various City Council Minutes of January 21, 2014 boards on these matters of pending litigation with no action taken and nothing further to report. Conference with Legal Counsel — Anticipated Litigation — Two Cases -All five Councilmembers present received a briefing on those two matters with no action taken and nothing further to report. * (see below) CHANGES TO THE AGENDA City Manager Chung announced that a letter was sent to residents that the Rental Housing item would be discussed at tonight's meeting. Subsequently, staff pulled the item to allow time to have a complete and comprehensive staff report and a follow up letter was sent to residents informing them it would not be on the agenda but would be brought back to a future meeting and apologized for those who may not have seen the notice. He also reported that Item No. 6 — Agreement with MV Transportation to Lease Space at the City Yard for the Operations of the West Covina Transit System — is being pulled for separate discussion. *City Attorney Alvarez-Glasman corrected that one of these matters was discussed and one was not. PRESENTATIONS Mayor Herfert called forward Jaylon Fong to be recognized by the City for being named a Sports Illustrated Kids "Sportskid of the Year 2013" honoree. Jaylon thanked the City and his parents. Mayor Herfert called forward Pastor Rick Iwanaga of West Covina Christian Church who presented the City with a check for the proceeds received from the Pumpkin 5K Run to benefit the Senior Center. Mayor Herfert called forward Endie Widjaja, owner of the new El Pollo Loco who presented the West Covina Community Services Foundation with a check and the City presented El Pollo Loco with a Certificate for their support of the Community. ORAL COMMUNICATIONS Lloyd Johnson Lloyd Johnson, West Covina resident, addressed several issues on the agenda which included the General Plan Update, the Moratorium on Hillside Properties, the RFP for City Attorney, review of Campaign Contributions laws, and the Veterans' Memorial and thanked the Council for bringing them forward and Mayor Herfert for the contribution from the Castucci Foundation to the Memorial Wall project. Phil Kaufman Phil Kaufman, representing San Gabriel Valley Progressives, addressed the gun buy-back program stating his support and expressed concern that the gun buy-back event may not take place. Don Overlin Don Overlin, West Covina resident, expressed his support of the gun buy-back program. Linda Peterson Linda Peterson, with Golden Years Housing, introduced herself and their new business in West Covina and briefly covered the services offered. Royall Brown Royall Brown, West Covina resident, addressed the recommended action on Item 4 to oppose Assemblyman Roger Hernandez' proposed legislation to require all General Law cities, including West Covina, with a population greater than 100,000 to institute City Council elections by district. 2 City Council Minutes of January 21, 2014 Irene Fleck Irene Fleck, West Covina resident, announced upcoming Library events and inquired as to who maintains alley ways within the City. Gloria Gandara Gloria Gandara, West Covina resident, addressed the gun buy-back program expressing concerns with effectiveness and the benefit to the City. John Shewmaker John Shewmaker, West Covina resident, addressed a previous submitted request as to whether the Council complied with the Municipal Code regarding the hiring of the City Manager and expressed concern with the education incentive proposed for the Police Chief position. William Elliott William Elliott, West Covina resident, addressed campaign finance reform; the gun buy-back program; and the YouTube video in which police department vehicles and equipment were used. Dana Sykes Dana Sykes, West Covina resident, spoke in support of the gun buy-back program. Lola Finley Lola Finley, West Covina resident, addressed the success of the neighborhood watch meetings in her neighborhood, and thanked staff and the Police Department for their support regarding crime in the neighborhood. Bertie Azpetia Bertie Azpetia, West Covina resident, spoke in support of the gun buy-back program. George Ogden George Ogden, West Covina resident, addressed the construction of a Veterans' Memorial wall using public art funds expressing support. Philip Moreno Philip Moreno, West Covina resident, thanked the Council for acting on commitments made during their campaigns; addressed the General Plan requesting the preservation of established zones. Alfred Williams Alfred Williams, West Covina resident, addressed the recommendation to oppose proposed legislation from Assemblyman Roger Hernandez•, opposed the proposed education incentive for the Police Chief; addressed the lack of maintenance of all the cell towers. Bruce Leinbach Bruce Leinbach, West Covina resident, expressed his condolences for former City Councilmember Kathy Howard and former West Covina Firefighter Schwartz who have recently passed; addressed the recount cost of the last election. City Manager Chung addressed speakers' concerns brought forth from the public regarding the proposed legislative platform, City Manager recruitment, and Police Chief recruitment. City Attorney Alvarez-Glasman addressed a section of the Municipal Code regarding the City Manager recruitment. CONSENT CALENDAR Items #4 and #8 were removed from the Consent Calendar for separate consideration. Approval of Meeting Minutes (receive & file) 1) Minutes Regular City Council Meeting Minutes of December 3, 2013 Special City Council Meeting Minutes of December 10, 2013 3 City Council Minutes of January 21, 2014 Ordinances for Adoption Zone Change No. 13-03 Mitigated Negative Declaration of Environmental Impact Applicant: Jay Deckard and Phil Becerra, Warmington Residential Location: 502 and 520 South Lark Ellen Avenue (Formerly St. Martha's Episcopal Church and Dove 2) Day School Lark Ellen — Warmington Homes Recommendation is that the City Council adopt the following ordinance: Ordinance No. 2253 ORDINANCE NO. 2253 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 13-03 Traffic Committee Meeting Minutes (accept & file) 3) Traffic Committee Meeting Minutes of December 17, 2013 Traffic Committee L Request City Initiated That parking on Grovecenter Street from La Sena Avenue to Orange Avenue, Ranchero Street from La Sena Avenue to the end of the street, El Dorado Street from La Sena Avenue to the end of the street, Alisal Street from La Sena Avenue to the end of the street, the north side of Puente Avenue from La Sena Avenue to Orange Avenue, and the east side of La Sena Avenue from Puente Avenue to the end of the street be restricted to permit only parking every day, Sunday through Saturday. Traffic Committee Recommendation: That parking on Ranchero Street from La Sena Avenue to the end of the street, El Dorado Street from La Sena Avenue to the end of the street, Alisal Street from La Sena Avenue to the end of the street, and the east side of La Sena Avenue from Puente Avenue to the end of the street be restricted to permit only parking every day, Sunday through Saturday. Item 4 was removed from the Consent Calendar . for separate consideration. City Manager's Office 4) City of West Covina 2014 Legislative Platform 2014 Legislative Platform Recommendation is that the City Council take the following actions: 1. Adopt the proposed 2014 Legislative Platform to support/oppose county, state, and federal legislation as appropriate; and 2. Oppose Assemblyman Roger Hernandez' proposed legislation to require all General Law cities, including West Covina, with a population greater than 100,000 to institute City Council elections by district. Community Services Department First Amendment to Lease and Option Agreement with New 5) Cingular Wireless/AT&T for the Existing Wireless Facility at New Cingular Lease @ Shadow Shadow Oak Park Oak Park Recommendation is that the City Council approve the First Amendment to the Lease and Option Agreement between new Cingular Wireless/AT&T and the City of West Covina for the existing wireless facility at Shadow Oak Park. 2 City Council Minutes of January 21, 2014 Item 6 was pulled from the agenda and will be brought back at a subsequent meeting. 6) Agreement with MV Transportation to Lease Space at the City MV Transportation Lease @ Yard Yard for the Operations of the West Covina Transit System Recommendation is that the City Council approve the lease agreement and authorize the City Manager to execute the agreement, allowing MV Transportation to lease space at the City Yard. 7) National Recreation and Park Association & Macy's Inc. Park Park Funding Program Funding Program Recommendation is that the City Council approve the City's participation in the National Park and Recreation Association & Macy's Inc. Park Funding Program as outlined in the staff report. Item 8 was pulled from the Consent Calendar for separate consideration. Finance and Administrative Services 8) Approval of Education Incentive for Police Chief Education Incentive for Police Chief Recommendation is that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2007-65 RELATING TO MANAGEMENT COMPENSATIONS, BENEFITS, AND CLASSIFICATIONS OF DEPARTMENT HEADS CONSENT CALENDAR ACTION Motion by Warshaw and seconded by Sykes to approve all items listed on the Consent Calendar as presented except Item 4 — City of West Covina 2014 Legislative Platform and Item 8 — Approval of Education Incentive for Police Chief. Item 6 —Agreement with MV Transportation to Lease Space at the City Yard for Operations of the West Covina Transit System was pulled from the agenda for a subsequent meeting. Motion carried by 5 — 0. Item 4 City of West Covina 2014 Legislative Platform Councilmember Toma expressed his concern with staff advocating on proposed legislation and stated that he prefers that Council take legislation on a piece -by -piece basis as legislative issues addressed by the League of California Cities are statewide and it's the responsibility of the City's electives to decide what to advocate for. Council discussion ensued with all agreeing and chose to only take action on current legislation being proposed by Assemblymember Roger Hernandez. Motion Motion by Herfert and seconded by Warshaw to approve to oppose Assemblyman Roger Hernandez' proposed legislation to require all General Law cities, including West Covina, with a population greater than 100,000 to institute City Council elections by district. Motion carried by 5 — 0. Item 8 Approval of Education Incentive for Police Chief Mayor Herfert stated he supported the candidate for the position of Police Chief but concerned with the salary structure imbalance of all department directors and would not support. Councilmember Warshaw felt experience is important and supported the incentive. Councilmember Toma supported the appointment of the candidate for his level of experience but not the incentive as a benefit. 5 City Council Minutes of January 21, 2014 Mayor Pro Tem Sykes does not support the appointment due to the financial burden on the City. Council discussion ensued raising questions of offering the incentive, to the position of police chief. Motion Motion by Warshaw and seconded by Sykes to adopt resolution and approve the education Incentive for Police Chief. Motion failed by 2 — 3 (Spence, Toma, Herfert — No). City Manager's Office Annual Appointment of City Council Representatives to Other 9) Agencies Annual Council Appointments Mayor Herfert reviewed the list of suggested appointments. Motion Motion by Warshaw and seconded by Herfert to confirm the Mayor's appointments and adopt the following resolution as recommended. [List of appointees on file in the City Clerk's Office] Resolution No. 2014-2 RESOLUTION NO. 201.4-2 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, NAMING COUNCILMEMBER FREDRICK SYKES AS THE GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND COUNCILMEMBER JAMES TOMA AS THE ALTERNATE Motion carried by 5 — 0. Planning Department 10) General Plan Update General Plan Update Mayor Herfert introduced the item and Planning Director Jeff Anderson provided a comprehensive report and stated the City's General Plan was last updated almost 30 years ago. He reported that the General Plan includes the State's required elements [Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety] and three additional elements; Economic Development, Human Resources, and Design. He detailed the process of updating a city's general plan and how the City can best handle the update through the use of a consultant due to the complexity and expertise required. In order to prepare a Request for Proposal Anderson outlined the various approaches utilized to update the General Plan, Financing, public outreach and other optional issues. Anderson briefly covered the elements that address the needs in West Covina that would best determine the most effective approach and concluded with staff s recommendation for a Focused General Plan approach and Optional Work Products. Council discussion Mayor Herfert inquired about meetings with the public, Planning Commission and City Council and the estimated time of completion. Planning Director Anderson stated this would be discussed with the consultant to determine the most effective approach and estimated completion of the update in about 18 months to two (2) years. Councilmember Warshaw stated his support of staff s recommendation. Motion Motion by Toma and seconded by Warshaw to approve staff s recommendation as follows: Direct staff to prepare a Request for Proposal to update the required elements of the General Plan and complete a Program Environmental Impact Report and include the following: rol City Council Minutes of January 21, 2014 1. Proposals for a Focused General Plan that includes the review of all elements of the General Plan with most of the land use analysis focused on the commercial and industrial areas of the City. 2. A public outreach program including a minimum of 14 meetings and the use of social media and technology to increase the opportunities for public interaction outside of public meetings. 3. Optional work products for increased public outreach and for a comprehensive Zoning Code update. Motion carried by 5 — 0. RECESS Mayor Herfert recessed the City Council meeting at 9:06 p.m. The City Council reconvened at 9:16 p.m. with all members present. Ordinances for Adoption Code Amendment no. 13-03 11) Residential Agricultural/Single Family Zone Development Repeal of Moratorium for South Repeal of Moratorium on Vacant Properties for Certain Properties Hills Area Properties in the South Hills Area Planning Director Jeff Anderson reported that at the City Council meeting of December 17, 2013, the Council approved a code amendment for the Residential Agricultural/Single Family Zone and directed staff to bring back a release of the Moratorium for the 79 lots in the South Hills area. The code amendment ordinance was introduced at that meeting and will amend Chapter 26 (Zoning) to require a 10-foot level area in hillside areas between the rear of the house and the slope; greater setbacks for decks and balconies; and three -car garages for houses greater than 4,500 square feet or five bedrooms. At the City Council hearing, the Council requested an amendment to the proposed standards for the deck and balcony setbacks to exempt lots from the additional setback requirements if they are adjacent to permanent open space — the wording of the change is reflected in the staff report as follows: [Required Setbacks for Elevated Structures. All elevated structures shall provide side setbacks of 1.5 times the required side setbacks and shall comply with the required rear.] In addition, direction was given to prepare an ordinance for introduction to remove the moratorium on the 79 lots in the South Hills areas that had been extended until May 7, 2014. Anderson stated the repeal of the moratorium will have its second reading on February 4, 2014 and take effect 30 days after the second reading. He then offered to answer any questions. Motion Motion by Warshaw and seconded by Herfert to adopt the following ordinance. Assistant City Clerk presented: Ordinance No. 2254 ORDINANCE NO. 2254 — 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 RESIDENTIAL AGRICULTURAL/SINGLE FAMILY ZONE DEVELOPMENT STANDARDS Motion carried 4 — 1 (Spence — No). Assistant City Clerk Rush presented: 7 City Council Minutes of January 21, 2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING ORDINANCE NO. 2243 AND ORDINANCE NO. 2245 PROHIBITING GRADING OR CONSTRUCTION OF RESIDENTIAL STRUCTURES IN SPECIFIED AREAS OF THE CITY Motion Motion by Spence and seconded by Sykes to introduce the ordinance: Motion carried by 5 — 0. Mayor/Councilmember Reports Councilmember Mike Spence 12 Gun Buy Bank Event Gun Buy Back Event Councilmember Spence elaborated on the program's Iack of effectiveness for its intended goal of increasing public safety and felt this was not the best use of time and resources. Councilmember Warshaw inquired how the City collects guns at other times and also felt it was not a good use of resources. Commander Bell explained both the method of collection during a gun buy-back program and the random drop-off of weapons at the police department. Mayor Pro Tern Sykes gave his reasons for his support of the program. Councilmember Toma also expressed his support for the program that is already scheduled for this upcoming weekend. Motion Motion by Spence to cancel the gun buy-back program and divert the funds to solving an unsolved gun crime. Motion fails due to lack of a second. Motion Motion by Sykes to continue the gun buy-back program. Motion carried by 4 — 1 (Spence — No). Councilmember Warshaw opined that the program should be analyzed before conducting another Gun Buy -Back program in the future with Mayor Herfert concurring. City Council Requests for Reports, Studies or Investigations Mayor Pro Tem Sykes Request from Mayor Pro Tern Sykes Requesting the City Council to Instruct City Staff to Prepare a Report on the Implementation of 13) Public Safety Fee on New a Public Safetypact Fee on New Developments Developments Mayor Pro Tern Sykes provided a brief background for his request due to the recent housing developments and concern for increase in density and increased need for public safety services requesting consensus a for public impact safety fee report to look into this matter. Motion Motion by Sykes to bring back a report to Council on this subject. Councilmember Spence expressed his view that he would not support a public impact fee for developments but would also not want to deny Councilmember Sykes the opportunity to explore the issue if he wanted to. Councilmember Warshaw has noted that many cities have imposed impact fees due to high density and felt that the type of development where this would be more appropriate is entertainment where property revenues are not that abundant but that this type of industry does create a greater need for police services which raises the cost of their service. For that reason he felt it would be good to look into this matter. City Council Minutes of January 21, 2014 Action on Motion Seconded by Warshaw to bring back a report to Council on implementing a public safety impact fee on new developments. Motion carried by 4 — 1 (Spence — No). Councilmember Mike Spence Request from Councilmember Mike Spence Requesting the City Council's Consensus to Instruct City Staff to Prepare a Report on the Steps Needed to Eliminate Councilmembers' Participation in the Public Employee Retirement 14) System (PERS) Elimination of Councilmembers' Councilmember Spence provided a background on why he would Participation in CalPERS like to eliminate Councilmembers' participation in CalPERS - Motion Motion by Spence and seconded by Sykes to bring back a report on the elimination of Councilmembers' participation in CalPERS. Motion carried by 5 — 0. Councilmember James Toma Request from Councilmember James Toma Requesting the City 15) Council to Instruct City Staff to Prepare a Request for Proposals RFP for City Attorney Services for City Attorney Services Councilmember Toma would like the City to do a Request for Proposals for City Attorney services to make sure the City is receiving the best service for the best price. Councilmember discussion ensued. Motion Motion by Toma and seconded by Herfert to bring back a report on doing a Request for Proposals for City Attorney services for Council review. Motion carried by 5 — 0. Councilmember Warshaw Request from Councilmember Corey Warshaw Requesting the 16) City Council to Review Current Local Ordinances on Campaign Local Campaign Contribution Contribution Requirements Reauirements Councilmember Warshaw would like to look into reviewing local campaign financing requirements to limit outside influences and would like to look into Glendale's recently revised requirements. City Council discussion ensued on the various issues involving campaign financing requirements. Spence stated he would like to standardize definitions in the local ordinance to reflect the definitions utilized by the FPPC (Fair Political Practices Commission) and clarify types of donations allowed (i.e. cash, check, credit card). Motion Motion by Warshaw and seconded by Herfert to bring back a report on how to proceed to look into campaign financing requirements in the City of West Covina. Motion carried by 5 — 0. Request from Councilmember Corey Warshaw Requesting the City Council to Instruct City Staff to Prepare a Report on the 17) Construction of a Veterans' Memorial Wall Utilizing Public Art Veterans' Memorial Funding Funds Councilmember Warshaw introduced his request for the use of Public Art Funds for the construction of the Veterans' Memorial Wall. Motion Motion by Warshaw and seconded by Sykes to bring back a report on the use of Public Art Funds for the construction of the Veterans' Memorial Wall. Motion carried by 5 — 0. 9 City Council Minutes of January 21, 2014. ADJOURNMENT Motion by Herfert and seconded by Spence to adjourn the meeting at 10:01 p.m. in memory of the following: • Former Mayor/Councilmember and Reserve Police Officer Kathy Howard • Retired West Covina Firefighter Harold Schwartz • Longtime resident Jerry Graham. Motion carried by 5 — 0. Submitted by:. Assistant City Clerk Susan Rush 10