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03-04-2014 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL March 04, 2014 Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:06 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Officer Jeff Mosley . West Covina Police Department PLEDGE OF ALLEGIANCE Councilmember Mike Spence ROLL CALL Mayor Herfert, Mayor Pro Tern 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 and the Successor Agency agendas were announced for inclusion in the closed session discussion. Item on the City Council/Successor Agency agenda: Conference with Legal Counsel — Existing Litigation — City of West Covina/Successor Agency of the Former West Covina Community Development Commission vs. Ana J. Matosantos — City Attorney Alvarez-Glasman reported that all Councilmembers/Boardmembers were present except Councilmember/Boardmember Toma who did.not participate as he is employed by the California Attorney General's Office and the California Attorney General's Office represents the matter concerning the Department of , Finance. The City Council/Successor Agency Board received a briefing from the City Attorney's Office and Counsel for the Successor Agency after which the City Council/Successor Agency authorized an appeal of the decision by the Superior Court in the County of Sacramento by unanimous vote of the four Council/Successor Agency Boardmembers present — Spence, Sykes, Warshaw and Herfert. CHANGES TO THE AGENDA PRESENTATIONS March 3, 2014 Special Meeting March 4, 2014 Adjourned Special Meeting ` Items on the March 3, 2014 and March 4 Adjourned Special Meeting of the City Council/Successor Agency agenda: 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-42068-ER; In re Hassen Imports Partnership, Debtor, United States District Court Case No. 2:13-cv-07532-CAS - City Attorney Alvarez-Glasman reported that the matter on the March 3 meeting was adjourned to Tuesday, March 4, 2014. This matter was not discussed tonight and will be carried over for discussion following the regular City Council meeting. No changes. Mayor Herfert called forward Luanne Arredondo, Recreation Services Volunteer of the Year and Les Leufroy, Community Services Volunteer of the Year, to be recognized and receive Certificates of Recognition. City Council Minutes of March 04, 2014 Mayor Herfert called forward Craig Michaels, Edgewood High School Teacher, to introduce the students on the Edgewood High School's Academic Decathlon Super Quiz held at the University of Southern California Galen Center on February 1, 2014. ORAL COMMUNICATIONS Forrest Wilkens Forrest Wilkens, West Covina resident, addressed concealed weapons permits and Council's previous action to ban weapons in the Council Chambers; addressed campaign contributions and previous donations to Councilmembers from one company supporting changes in campaign contributions. Shirley Buchannan Shirley Buchannan, West Covina resident, announced that Carolyn Arndt was selected as the 2014 Women of Achievement and requested the City's recognition; addressed the court decision regarding the Successor Agency/City of West Covina vs. Matosantos requesting the City stop appealing. James Grivich James Grivich, West Covina resident, addressed prioritizing Council goals and objectives and the City's general plan; addressed new housing development near Vincent Avenue south of the freeway and the impact of traffic congestion. Virgilio Benitez Virgilio Benitez, West Covina resident, addressed the issue of broken fences in the Shadow Oak area. Royall Brown Royal Brown, West Covina resident, addressed the jeep dealership at the location of Clippinger Chevrolet; addressed increased Graffiti in the area of Aroma Drive. Eric Hunter Eric Hunter, West Covina resident, spoke of Walter Thurman III, graduate of West Covina High School and 2005 CIF Champion, who played for the Seattle Seahawks in the Super Bowl and requested a temporary billboard to recognize him. Melissa Cosano Melissa Cosano, representing the East San Gabriel Valley Japanese Community Center, requested a fee waiver of temporary use and fire permits for the Cherry Blossom festival on March 29, 2014. Carolyn Arndt Carolyn Arndt, West Covina resident, requested the City Council address the City's need to replace the City Attorney; invited all to the Marriott Inn in Baldwin Park to a workshop regarding the City's General Plan. Chris Alturas Chris Alturas, West Covina resident, invited the City to establish a sister city with his home city in the Philippines. Angie Gillingham Angie Gillingham, West Covina resident, appealed to the Council not to accept or make changes regarding agenda Item 14, Permits to Carry Concealed Weapons, giving her reasons. Karen Nutt Karen Nutt, Executive Director of Parents Place, addressed agenda Item 4 regarding the fee waiver for their upcoming event at Cortez Park. John Solis John Solis, West Covina resident, addressed the mid -year budget review and the reserve of funds for the $12 million that the City/Successor Agency was denied by the State; supported change in the City Attorney services; suggested the review of campaign contributions to include community members and a new city attorney, if a change takes place. 2 City Council Minutes of March 04, 2014 Lloyd Johnson Lloyd Johnson, West Covina resident, stated he hasn't received information requested at the previous meeting, requested a copy of the agreements between the City and Alvarez-Glasman and Squires and Sanders; expressed support for the RFP for City Attorney services and for review of campaign contributions; addressed the dealerships' lawsuit; the lawsuit against the State and concern for costs and the ability to maintain fire and police services. Colleen Rozatti Colleen Rozatti, West Covina resident and president of West Covina Beautiful; thanked all who attended the recent dinner. Elsie Messman Elsie Messman, West Covina resident, addressed concerns with City finances and costs due to lawsuits. Phil Kaufman Phil Kaufman, West Covina resident, addressed upcoming health care information workshop on March 31; addressed concealed weapons permits and the recent court decision; addressed fundraiser by Macy's Inc. to benefit Walmerado Park. John Shewmaker John Shewmaker, West Covina resident, addressed the recent court decision between the City and the Department of Finance and whether the City can sustain loss of funds and continue to operate; supported community input regarding campaign reform; addressed the RFP for City Attorney services; and addressed costs of litigation. Lola Finley Lola Finley, West Covina resident, requested clarification of several items on the agenda; requested a power washer for the graffiti contractor for use in removing graffiti; addressed an article in Discover West Covina regarding school district issues. Steve Bennett Steve Bennett, West Covina resident, spoke in support of the Second Amendment and concealed weapons permits. City Manager Chung addressed several concerns brought forth by residents including the recent court decision regarding the $12.2 million explaining how this matter is being handled. CONSENT CALENDAR Items #S, 47, and #8 were pulled . from the Consent Calendar . for separate consideration. Approval of Meeting Minutes (receive & file) 1) Minutes Special Council Meeting Minutes of February 4, 2014 Regular Council Meeting Minutes of February 4, 2014 Traffic Committee Meeting Minutes (accept & file) 2) Traffic Committee Meeting Minutes of February 18, 2014 L Request: David Ly, Property Owner That no parking on street sweeping days be implemented on the south side of Robindale Avenue from Glendora Avenue to Wren Way (private street) every Monday of each month from 12:00 p.m. to 4:00 p.m. for street sweeping purposes. Traffic Committee Recommendation: That no parking on street sweeping days be implemented on south side of Robindale Avenue from Glendora Avenue to Wren Way (private street) every Monday of each month from 12:00 p.m. to 4:00 p.m. for street sweeping purposes. 3 City Council Minutes of March 04, 2014 IL Request: Rod Nourafshan, Property Manager That commercial vehicles parking on the south side of Francisquito Avenue from Sunset Avenue to easterly property line of the retail center be prohibited and 220 feet of red curb between driveways be installed. Traffic Committee Recommendation: That commercial vehicles parking on the south side of Francisquito Avenue from Sunset Avenue to easterly property line of the retail center be prohibited and 220 feet of red curb between driveways and 55 feet of red curb to the east and west of the driveways. City Manager's Office 3) Co -Sponsorship of East San Gabriel Valley Japanese Community Cherry Blossom Festival Center Cherry Blossom Festival Recommendation is that the City Council take the following actions: 1. Approve the co-sponsorship of the East San Gabriel Valley Japanese Community Center Cherry Blossom Festival on March 29, 2014; and 2. Authorize the City Manager to waive the Temporary Use Permit, fire permit fee, and park rental fee. 4) Co -Sponsorship of Parents' Place 22nd Annual Information Fair & Parents' Place Fair & Festival Festival 1. Approve the co-sponsorship of the Parents' ' Place 22nd Information Fair & Festival on April 27, 2014; and 2. Authorize the City Manager to waive the Temporary Use Permit, fire permit fee, and park rental fee. This item was pulled from the Consent Calendar for separate consideration. 5) Letter of Opposition to Assembly House Resolution 29 (Gomez) — Outsourcing of Public Services Related to Outsourcing of Public Services Recommendation is that the City Council take the following actions: 1. Oppose Assemblymember Jimmy Gomez' (51 st District) Assembly House Resolution 29, which seeks to limit a city's effort to address service delivery challenges by contracting out various services; and 2. Instruct City staff to send a letter of opposition to Assembly House Resolution 29 to the State representatives that serve the City of West Covina 6) Co -Sponsorship of St. Christopher's Church's Carnival & Festival St. Christopher's Carnival Recommendation is that the City Council take the following actions: 1. Approve the co-sponsorship of St. Christopher's Church's Carnival & Festival on April 11 - 13, 2014; and 2. Authorize the City Manager to waive the Temporary Use Permit, fire permit fee, and park rental fee. This item was pulled from the Consent Calendar for separate consideration. Community Services Department 7) Resolution Applying for Los Angeles County Park Funds for Walmerado Park Playground Walmerado Park Playground Recommendation is that the City Council take the following actions: 11 City Council Minutes of March 04, 2014 1. Adopt the following resolution, committing to match funds provided by Los Angeles County and Macy's Inc. to build a new playground at Walmerado Park: Resolution No. 4 RESOLUTION NO. 4 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, COMMITTING THE USE OF FUTURE 2. Earmark up to $175,000 of future Park Development Fees for the. construction of a new playground at Walmerado Park. The following item was pulled from the Consent Calendar ,for separate consideration. Public Works 8) Renewal of the Citywide Lighting and Maintenance District and Landscape Maintenance Districts Landscape Maintenance District Nos. 4, 6, 7 — Ordering of Engineer's Reports Recommendation is that the City Council adopt the following resolutions: Resolution No. 5 RESOLUTION NO. 5 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2014 — WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT (2014-2015) Resolution No. 6 RESOLUTION NO. 6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 — WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 (2014-2015) Resolution No. 7 RESOLUTION NO. 7 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ,WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 — WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 (2014-2015) Resolution No. 8 RESOLUTION NO. 8 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND 5 City Council Minutes of March 04, 2014 LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 — WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 (2014-2015) CONSENT CALENDAR ACTION Motion by Warshaw and seconded by Sykes to approval all items listed on the Consent Calendar as presented except Item #5 - Letter of Opposition to Assembly House Resolution 29 (Gomez) — Related to Outsourcing of Public Services ; Item #7 — Resolution Applying for Los Angeles County Park Funds for Walmerado Park Playground; and, Item #8 - Renewal of the Citywide Lighting and Maintenance District and Landscape Maintenance Districts Nos. 4, 6, and 7 — Ordering of Engineer's Reports. Motion carried by 5 — 0. Item #S Letter of Opposition to Assembly House Resolution 29 (Gomez) — Related to Outsourcing of Public Services Councilmember Toma felt the subject matter of this resolution would not have a significant `force of law' impact on the City and did not feel it justified staffs time and efforts to bring it before Council unless it would directly restrict the City in some way. Motion Motion by Herfert and seconded by Spence to: 1. Oppose Assemblymember Jimmy Gomez' (51 S' District) Assembly House Resolution 29, which seeks to limit a city's effort to address service delivery challenges by contracting out various services: and 2. Instruct City staff to send a letter of opposition to Assembly House Resolution 29 to the State representatives that serve the City of West Covina. Motion carried by 3 -2 (Sykes, Toma — No). Item #7 Resolution Applying for Los Angeles County Park Funds for Walmerado Park Playground Councilmember Toma inquired about publicizing the Fundraiser in order to timely inform the public of what the City is doing and to maximize the response to the fundraiser. Community Services Director Chris Freeland provided a brief report outlining what the City has been doing since January and will continue to do. Macy's unveiled their campaign on March 51h and selected Walmerado Park and the City is planning a new playground at the park and advertised through distribution of flyers to baseball leagues, press releases, letters to businesses and City clubs. Councilmember Spence felt that Council should review the use of Park Dedication fees during the Council's goal setting to consider all of the City's projects and how the fees will be distributed. Mayor Pro Tern Sykes asked that the City thank Los Angeles County Supervisor Gloria Molina of Los Angeles for her assistance with this item. Motion Motion by Sykes and seconded by Toma to approve the following: Resolution No. 2014-4 1. RESOLUTION NO. 2014-4 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, COMMITTING THE USE OF FUTURE PARK DEDICATION FUNDS FOR THE CONSTRUCTION OF A NEW PLAYGROUND AT WALMERADO PARK 2. Earmark up to $175,000 of future Park Development Fees for the construction of a new playground at Walmerado Park. Motion carried by 5 — 0. n City Council Minutes of March 04, 2014 Item #8 Renewal of the Citywide Lighting and Maintenance District and Landscape Maintenance Districts Nos. 4, 6, and 7 — Ordering of Engineer's Reports Public Works Director Shannon Yauchzee provided a detailed report describing the purpose of the maintenance districts and how they fund a variety of public services such as the maintenance of street trees, parks, medians, streets, traffic signals, and area lighting. The matter tonight is the first step in preparing the budget for these districts and then offered to answer any questions. Director Yauchzee responded to questions regarding the use of assessments and the repair of fences within the Maintenance Districts. Motion Motion by Herfert and seconded by Sykes to adopt the following resolutions: Resolution No. 2014-5 RESOLUTION NO. 2014-5 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2014 — WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT (2014-2015) Resolution No. 2014-6 RESOLUTION NO. 2014-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 — WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 (2014-2015) Resolution No. 2014-7 RESOLUTION NO. 2014-7 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 — WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 (2014-2015) Resolution No. 2014-8 RESOLUTION NO. 2014-8 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 — WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 (2014-2015) 7 City Council Minutes of March 04, 2014 Motion carried by 5 — 0. PUBLIC HEARINGS Public Hearing 9) Proposed Amendments to the FY2013-2014 Community CDBG Action Plan 2013-14 Development Block Grant (CDBG) Action Plan Mayor Herfert announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Community Services Director Chris Freeland presented the staff report detailing the allocation of CDBG funding and the services that are provided to residents including housing, suitable living environment, expanded economic opportunities, principally to low - moderate income residents. A notice of the hearing and amendments was published on January 31, 2014 calling for a 30- day public comment period with no comments being received. The City is requesting amendments to add two projects to the FY 2013-2014 Action Plan: improvements at Del Norte Park and a fire alarm at the Senior Center. Freeland then responded to questions by City Council. Open testimony Mayor Herfert proceeded to open the public testimony portion of the hearing calling for public comment. Close testimony There being no one wishing to address Council, Mayor Herfert closed the public comment portion of the hearing. Motion Motion by Warshaw and seconded by Sykes to approve the amendments to the FY 2013-2014 CDBG Action Plan as follows and authorize appropriations necessary to implement the amendments: 1. Add Project to Action Plan: Del Norte Park Improvements - $65,000 2. Add Project to Action Plan: Senior Center Fire Alarm - $30,000 Motion carried by 5 — 0. 10) Public Hearing FY 2014-2015 CDBG Action Plan Authorization to Draft the FY 2014-2015 Community Development Block Grant (CDBG) Action Plan Mayor Herfert announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Community Services Director Freeland presented the staff report explaining that the City receives an annual grant of CDBG funds from the U.S. Dept. of Housing and Urban Development (HUD) with the objective of developing and providing housing and various public services. HUD requires the City to develop an annual Action Plan that details how the City plans to use the funds. He noted that funding had been reduced yearly and a 2% decrease is expected for the upcoming year. In order to comply with the required adoption of the Action Plan, staff plans to draft the Plan preliminarily until grant allocations have been determined. The draft will be available for a 30-day public review starting in March and subsequently, will be presented to the City Council for consideration at a public hearing on May 6, 2014. The approved Action Plan is due to HUD by May 15. He then offered to answer questions. Open testimony Mayor Herfert proceeded to open the public testimony portion of the hearing calling for public comment. City Council Minutes of March 04, 2014 Royall Brown, West Covina resident, inquired whether the Senior Center fire alarm system was included in the funding for repairs. Mayor Herfert and Community Services Director Freeland responded that it was included. Close testimony There being no one wishing to address Council, Mayor Herfert closed the public comment portion of the hearing. Motion Motion by Spence and seconded by Sykes to direct staff to develop a draft FY-2014-2015 CDBG Action Plan, based on the needs and priorities previously identified in the 2010-2015 Consolidated Plan. Motion carried by 5 — 0. Public Hearing Code Amendment No. 13-05 11) Donation Drop Boxes Donation Drop Boxes General Exemption Mayor Herfert announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Planning Director Jeff Anderson provided a staff report explaining that the Planning Commission initiated Code Amendment No. 13- 05 to consider amending the Municipal Code to establish standards for donation drop boxes and address the proliferation of these types of collection facilities in the City. He addressed unmanned drop boxes and the issues that arise such as graffiti and debris piled around the boxes causing blight in the locations where they are placed. Currently, the Municipal Code does not specifically define them but they can be classified as "small collection facilities" which requires the approval of an administrative use permit and are only allowed on properties with markets greater than 30,000 square feet. Anderson then outlined the Planning Commission's recommended proposed code amendment and standards, for the City Council's approval, which would only allow for attended facilities with the approval of an administrative use permit. He then offered to answer questions. Council discussion Council discussed concerns of allowing profits versus non -profits. Anderson responded to their questions. Council gave direction to draft standards to not allow for profit drop boxes. Open testimony Mayor Herfert proceeded to open the public testimony portion of the hearing calling for public comment. Lola Finley, West Covina resident, requested that location of boxes be established to diminish visibility and limit the number of boxes in the City. Corliss Roenicke, West Covina resident, supports permanent permits for churches and charitable organizations. Fred Dominquez of Hope Services, addressed benefits from proceeds of the goods donated. Ben Wong, West Covina resident, expressed concerns that added standards create more issues. Close testimony There,being no one else wishing to address Council, Mayor Herfert closed the public comment portion of the hearing. 9 City Council Minutes of March 04, 2014 Motion Motion by Spence and seconded by Sykes to return the Ordinance to the Planning Commission to 1) incorporate language regarding standards for religious locations, 2) not allow for -profit drop boxes. Motion carried by 5 — 0. Public Hearing Urgency Ordinance Establishing a Moratorium to Prohibit the 12) Issuance of Approvals for the Operation of Adult Oriented Urgency Ordinance — Moratorium Businesses to Study Development Standards and Providing a on Adult Businesses Progress Report on the Code Amendment Under Consideration Mayor Herfert announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Planning Director Jeff Anderson gave a concise report beginning with the City Council's adoption of an ordinance establishing a 45 day moratorium which will expire in March prohibiting approvals for the operation of adult oriented businesses. Because the Municipal Code standards were last reviewed in 1996 and have not been reviewed since, it is appropriate to adopt an extension of the moratorium that will extend it until February 24, 2015 to allow for consideration of the adequacy of the standards. The Planning Department staff has established an orderly timeline for review and consideration of all the findings that will include the City Attorney's determination of any changes required due to changes in law as well as legal precedents over the last two decades. Staff will research requirements of other jurisdictions to allow for comparison with the current City's standards. The Planning Commission will then review the information and conduct study sessions and, based on their input, staff would prepare amendments to the City's current Code standards to be presented at a public hearing to the Planning Commission and then their recommendation would be provided at a public hearing to the City Council for their review and approval. Anderson then offered to answer questions. Open testimony Mayor Herfert proceeded to open the public testimony portion of the hearing and called for public comments. Lloyd Johnson, West Covina resident, spoke in support of the moratorium. Lola Finley, West Covina resident, spoke in opposition to adult oriented businesses in the city. Shirley Buchannan, West Covina resident, spoke in opposition to adult oriented businesses and felt police officers could be better utilized in residential neighborhoods. Motion Motion by Sykes and seconded by Warshaw to adopt the following ordinance to extend the moratorium regarding Adult Oriented Businesses: Ordinance, No. 2257 ORDINANCE NO. 2257 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING A MORATORIUM FOR AN ADDITIONAL PERIOD OF TEN MONTHS AND FIFTEEN DAYS, PROHIBITING THE ISSUANCE OF APPROVALS FOR THE OPERATION OF ADULT ORIENTED BUSINESSES TO STUDY DEVELOPMENT STANDARDS PENDING COMPLETION OF STUDY AND REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER CONDITIONS AND REGULATIONS FOR SUCH USES, 10 City Council Minutes of March 04, 2014 DECLARING THIS AN INTERIM ZONING ORDINANCE, AND SETTING FORTH FACTS CONSTITUTING THE SAME AS AN URGENCY ORDINANCE Motion carried by 5 — 0. RECESS Mayor Herfert recessed the City Council meeting at 9:39 p.m. The City Council reconvened at 9:45 p.m. with all present. DEPARTMENTAL REGULAR MATTERS Finance and Administrative Services Department 13) Fiscal Year 2013-14 Mid -Year Budget Review Mid -Year Budget Review Mayor Herfert announced the subject matter and Finance and Administrative Services Director McKay provided an overview of the Mid -Year 2013-2014 Fiscal Year Budget. A PowerPoint presentation was also used to identify an overview of General Fund revenues and expenditures and their projections stressing that increases in expenditures were due to pension cost increases. She outlined revenues, where savings have been attained and reviewed the recommended budget adjustments explaining necessary expenditures including repairs to the West City Hall elevator, City Hall air duct cleaning, and advertising costs for City transportation services. McKay outlined and explained all increases in expenditures and their offset by increases in revenues and recommended that the City Council begin to consider setting aside monies for a financial sustainability/emergency reserve to protect the City's essential service programs and funding requirements during periods of economic downturn or other unanticipated or emergency expenditures, but said these funds will probably be greatly decreased due to the loss of the lawsuit to the State and the need to return $11.5 million. In conclusion, she summarized the fiscal impact as outlined in the report and offered to answer questions. Council discussion Councilmembers inquired as to the reimbursement to the State and possibly using Property tax revenues; investments made through loans to the former Redevelopment Agency; staffing levels and the budget; review of needs in Fire and Police before recruiting. City Manager Chung responded to their questions. Motion Motion by Toma and seconded by Sykes to approve the following: 1. Receive and file the Fiscal Year 2013-14 Mid -Year Budget Report; 2. Approve increases to General Fund Estimated Revenues as detailed in Attachment No. 10 to the report; and 3. Approve increases to General Fund Appropriations (Expenditures) detailed in Attachment No. 10 to the report. Motion carried by 5 - 0 MAYOR/COUNCILMEMBERS REPORTS Councilmember Mike Spence 14) Permits to Carry Concealed Weapons CCW Concealed Weapons Permits Councilmember Spence had several questions regarding the details in the staff report on defining standards under which a permit may be issued and the inference in the staff report of not following the law. Pointed to details that he said were inaccurate referencing the Ninth Circuit Court of Appeals decision. Councilmember Toma raised a question regarding the recent ruling and whether a "stay" of the matter had been issued. City Attorney Alvarez-Glasman replied that his information 11 City Council Minutes of March 04, 2014 was that the ruling has been stayed and not binding on any agencies. Chief of Police Faulkner addressed Councilmember Spence's concerns and responded to questions. Motion Motion by Spence and seconded by Warshaw to take no action. Motion carried by 5 — 0. Councilmember James Toma 15) City Attorney Request for Proposals — General & Successor City Attorney RFP Agency Counsel, and Litigation Services Councilmember Toma introduced the subject matter and expressed concerns with certain requirements in the RFP regarding staffing information that should be more specific to only those lawyers who will work with the City, and having to provide information on all public and private clients for the past five years which would be burdensome. He felt a more relevant request would be to provide information regarding clients with potential conflict of interest including public clients. Motion Motion by Toma and seconded by Sykes to direct staff to produce the City Attorney Request for Proposal with the changes discussed regarding V.2 and V.3. Motion carried by 5 — 0. 16) Councilmember Corey Warshaw Review of West Covina Municipal Code, Section 2-400 to 2-405 — Campaign Contributions Campaign Contributions Councilmember Warshaw stated he would like to carry this matter over to a future meeting due to the late hour; would like getting public input; would like to address limiting organizations or businesses that may give the impression they are trying to control votes. Councilmember Spence addressed items that cannot be controlled such as independent expenditures and people donating their own money. He suggested looking at the State regulations of establishing spending limits. Mayor Herfert inquired about enforcement of violations to local campaign laws. Councilmembers engaged in lengthy discussion regarding the variety of changes and their possible outcomes. Councilmembers agreed by consensus to carry the item over to gather information and do research on the subject matter to bring back for Council's consideration and discussion. CITY COUNCIL REQUEST FOR REPORTS, STUDIES OR INVESTIGATION Mayor Pro Tem Fredric k Sykes Request from Mayor Pro Tern Fredrick Sykes Requesting the City Council to Instruct City Staff to Initiate a Code Amendment to Prohibit Medical Marijuana Dispensaries and to Prepare an 17) Medical Marijuana Dispensaries Urgency Ordinance Establishing a Moratorium on Such Uses Mayor Pro Tern Sykes introduced the subject matter suggesting it would be in the City's interest to prevent issues from arising in the City due to this type of activity and requested that a moratorium be approved. Councilmember Spence expressed a concern that, should it be illegal to ban these dispensaries, West Covina can develop and have in place a plan that would take effect immediately should the ban be deemed illegal. Mayor Pro Tern Sykes preferred having a law in place and gave an example of the grandfathering of a law to regulate alcohol being sold in gas stations. 12 City Council Minutes of March 04, 2014 City Manager Chung suggested staff would recommend a moratorium in order to get direction from the Planning Commission to present for council's consideration. Motion Motion by Sykes and seconded by Toma to bring back a moratorium on medical marijuana dispensaries. Motion failed by 2 — 3 (Spence, Warshaw, Herfert — No). Planning Director Anderson restated the recommendation for initiation of a code amendment and a moratorium. Councilmember Spence felt a moratorium was not necessary. Motion Motion by Herfert and seconded Warshaw to bring back a report with options, including a moratorium. Motion carried by 5 — 0. CITY COUNCIL COMMENTS Mayor Pro Tern Sykes announced the Macy's Shop till You Drop event beginning March 7 to raise funds for Walmerado Park improvements. Councilmember Warshaw wanted to address a comment regarding the use of Public Arts funds being used for the Veterans' Memorial were not tax dollars, but were fees collected from developers. Mayor Herfert addressed the ongoing need to replace the Corey Lidle statue that was damaged recently. ADJOURNMENT Motion by Spence to adjourn the meeting at 11:10 p.m. in memory of Norma Marx, a resident and Woman's Club member and, Police Commander Murray's father in-law who passed away recently. Motion carried by 5 - 0. Reconvene City Attorney Alvarez-Glasman reconvened the City Council Adjourned Special Meeting of March 3, 2014 to the City Manager's Conference Room to discuss the City of West Covina vs. Hassen Imports Partnership and all cases related thereto. Submitted by: , , AssistantC iy-C.lerk Susan -Rush Mayo to Herfert 13