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03-18-2014 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL March 18, 2014 Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:07 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Samuel Martinez Christian Faith Center PLEDGE OF ALLEGIANCE Mayor Pro Tern Fredrick Sykes ROLL CALL Mayor Herfert, Mayor Pro Tern Sykes, Councilmembers Spence, Toma, Warshaw REPORTING OUT FROM CLOSED SESSION Deputy City Attorney Scott Nichols 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 with all members present. Items on the City Council/Successor Agency agendas: 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 — Deputy City Attorney Nichols reported that the City Council/Successor Agency Board met with Special Counsel Steve Owens and discussed various strategies regarding the litigation including potential settlements with no reportable action taken. Item on the City Council agenda: Conference with Legal Counsel — Existing Litigation — West Covina Improvement Association v. City of West Covina, et al., Superior Court Case No. BS135923; City of West Covina, Appellants, v. West Covina Improvement Association, Appellees, Court of Appeal Case No. B247712 — Nichols reported that this item was not discussed. The City Council will reconvene the special meeting closed session discussion after the regular meeting. Any reportable action will be reported out after the meeting. CHANGES TO THE AGENDA No changes. PRESENTATIONS Mayor Herfert called forward Bob Cruz, Southern California Gas Company Public Affairs Manager, and Raul Gordillo, Community Outreach Manager, who provided information on the new Advanced Gas meters being installed in the community. Mayor Herfert called forward Ben Wong, Local Public Affairs Manager for Southern California Edison to present the City with the highest recognition of a Platinum Award — the Beacon Spotlight Award — and introduced dignitaries present. ORAL COMMUNICATIONS Jill Quezada Jill Quezada, West Covina resident, introduced herself as an applicant for the Human Resources Commission. City Council Minutes of March 18, 2014 Armida Espinoza Armida Espinoza, West Covina resident, introduced herself as a Human Resources Commission applicant and gave a brief background of her activities in the community with her children. Trudy Saltmarsh Trudy Saltmarsh, West Covina resident, gave a brief background of her experience that would be relative to the human resources commission and felt she could bring experience to the commission. Joselyn Blakely Joselyn Blakely, West Covina resident, introduced herself and her familiarity with advisory committees in local government and recruitment procedures and expressed her desire to serve on the commission. Colleen Rozatti Colleen Rozatti, West Covina resident, introduced herself as the City Treasurer and addressed money owed to the State due to recent litigation and announced upcoming financial investments. Mark Anderson Mark Anderson, West Covina resident, expressed concern that the proposed rental housing ordinance is inefficient and impacting fixed income residents and owners of rental properties and opposes the program. Ron Lauciello Ron Lauciello, West Covina resident, addressed the rental housing ordinance opposing the ordinance and the proposed tax on owners of rental properties. Gary Gileno Gary Gileno, West Covina resident, spoke in opposition of the rental housing ordinance pointing to the lack of need to assess fees. Patty Fors Patty Fors, West Covina resident, representing Sunset Gardens Apartments, opposes the possibility that complying owners will be unjustly assessed. Diana Silva Diana Silva, West Covina resident/apartment manager, opposed the rental ordinance that will add another inspection to their units that are already inspected and had numerous questions regarding the implementation of the program. Dave Stewart Dave Stewart, West Covina resident, expressed concern with the proposed rental housing ordinance and offered some suggestions. Steve Green Steve Green, West Covina resident, spoke in opposition to the proposed rental housing ordinance and addressed it as unnecessary and also addressed the financial burden to tenants. Tim Johnson Tim Johnson, Executive Director of California Apartment Association, made suggestions to the rental housing inspection program to focus on those properties that are actually impacting city resources and also suggested the city look at implementing a good landlord program. Councilmember Warshaw inquired about self -certification and the costs and Mr. Johnson responded to his questions. Bruce Leinbach Bruce Leinbach, West Covina resident, addressed an Olympian from Iowa; opposed the rental ordinance and suggested Code Enforcement cite violators. Carolyn Arndt Carolyn Arndt, West Covina resident, announced a town hall meeting on the General Plan which will be held in the Council Chambers on Wednesday, March 19 at 7:00 PM. 2 City Council Minutes of March 18, 2014 Juan Reynoso Juan Reynoso, West Covina resident, stated he had asked for public records over two years ago for graffiti service logs which he was denied. Elsie Messman Elsie Messman, West Covina resident, stated Attorney John McClendon has not yet been paid after representing the West Covina Improvement Association lawsuit that the City lost. In addition, she submitted a public records request to the City Manager for information on expenditures with more detail and suggested that attorney disbursements be audited. Johnny Chua/Joshua Surjono Johnny Chua/Joshua Surjono, representing the Filipino Chamber of Commerce, extended an invitation to their Easter event on April 19 from 10:00 am to 4:00 pm at the Gospel Life Church. John Shewmaker John Shewmaker, West Covina resident, addressed the Assembly bill proposed by Assemblymember Roger Hernandez; the rental housing ordinance; and litigation costs. Augie Galaviz Augie Galaviz, West Covina resident, District Commander of the Veterans organization/American Legion, requested the City to waive fees for the use of Palmview Park for their annual picnic honoring veterans that have been deployed. Herb Redholtz Herb Redholtz, West Covina resident, addressed the vandalized Cory Lidle statue at Big League Dreams inquiring about security; and expressed opposition to Assemblymember Roger Hernandez' proposed Assembly bill. George Ogden George Ogden, West Covina resident, thanked Councilmember Warshaw for clarifying the source of funds for the Veterans Memorial and submitted a check to the city for recently raised donations. Claudia Goytia Claudia Goytia, representative to Assemblyman Roger Hernandez, on behalf of the Assemblyman, invited the community to coffee on March 27 at the West Covina Library from 10:00 — 11:00 am to discuss issues and hear the Assemblymember's perspective on legislation. K. Rajah K. Rajah, Glendora resident, spoke in opposition to the rental housing ordinance citing the financial burden on owners and limiting his ability to help his renters by not increasing their rents in this economy. Mark San Filipo Mark San Filipo, West Covina resident, offered suggestions on improving the rental housing ordinance program. Mayor Pro Tem Sykes requested to address Mr. Reynosa's request for public records following the break. Recess Mayor Herfert recessed the City Council meeting at 8:50 p.m. Reconvene The City Council reconvened at 9:00 p.m. with all members present. The following item was moved forward to be considered after Oral Communications. Public Works Item 6 Consideration of a Rental Housing Inspection and Regulatory Program 3 City Council Minutes of March 18, 2014 Mayor Herfert moved Item #6 — Consideration of a Rental Housing Inspection and Regulatory Program — to after Oral Communications in order to address the numerous public comments brought forth. Motion Councilmember Spence stated he would like to make a motion to reject the rental inspection fee and no longer have staff work on this matter. Seconded by Herfert. Councilmember Warshaw requested to hear the staff report due to the comments made at the community workshop he attended and did not want to "squash" the matter at this time. Councilmember Toma concurred and asked to hear the report. City Manager Chung gave a brief history on how the subject matter came to the City's attention. Public Works Director Shannon Yauchzee presented the staff report explaining how the issue was raised in 2012 by residents due to a rise in crime in local neighborhoods. Former Mayor Shelley Sanderson requested a report in September 2013 for a program similar to the City of Covina to eliminate blight and preserve the housing stock. He briefly outlined elements of Covina's program that include permit fees to recoup inspection costs and enforcement to correct violations. In November 2013, the City of West Covina conducted a workshop and those attending expressed opposition for various reasons such as opposition to new taxes, proposed fees being too high, that only violators be targeted, adding staff to monitor the program without additional taxes, opposing a per unit fee and, to exclude owners of properties with homeowner's associations. He also reported receiving emails or calls in opposition and one neutral response. Yauchzee briefly covered the status of the City's Code Enforcement division that oversees 12,000-13,000 rental housing units composed of single family residences, duplexes, and apartments and the costs and use of fees collected with only one code enforcement employee. He then gave options and points to consider if staff is directed to proceed with the ordinance. He then offered to answer questions. Council discussion Councilmembers discussed their views on the matter with a variety of ideas for looking into implementing a program or not considering this matter any further at this time. Councilmember Toma did not want to have any further work on the matter until the budget was first reviewed to prevent any impact on the General Fund; Mayor Pro Tern Sykes would like to bring the matter back after review of the budget; and Councilmember Warshaw would like to continue considering the ordinance and have the item brought back some time in the future. Discussion ensued regarding whether to table the item or discontinue work on the matter Restated Motion Motion by Spence and seconded by Herfert to reject the rental inspection fee and no longer have staff work on this matter. Motion carried by 3 — 2 (Sykes, Warshaw — No). ORAL COMMUNICATIONS (continued) Mayor Herfert returned to Oral Communication to discuss any follow up or concerns. City Manager Chung responded to the 0 City Council Minutes of March 18, 2014 request by a speaker for information under the Public Records Act for Graffiti records and requested to have staff review the previous request and response. CONSENT CALENDAR 1) Approval of Meeting Minutes (receive & file) Minutes Special City Council Meeting Minutes of February 18, 2014 Regular City Council Meeting Minutes of February 18, 2014 2) City Clerk's Office Destruction of Documents Destruction of Documents as Prescribed by Law Recommendation is that the City Council adopt the following resolution authorizing the destruction of specific records: Resolution No. 2014-9 RESOLUTION NO. 2014-9 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW The following item was pulled from the Consent Calendar for separate consideration. City Manager's Office 3) Letter of Opposition to Assembly Bill 1980 (Hernandez) — Public AB 1980 Public Safety Services Safety Services Recommendation is that the City Council oppose Assemblyman Roger Hernandez' Assembly Bill 1980, which seeks to eliminate local government control, specifically over public safety services. Public Works 4) Lot Line Adjustment No. 181 Lot Line Adjustment No. 181 1221 S. Montezuma Way Recommendation is that the City Council adopt the following resolution: Resolution No. 2014-10 RESOLUTION NO. 2014-10 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 181 AT 1221 S. MONTEZUMA WAY AND DIRECTING THE RECORDATION THEREOF (SOUTH HILLS COUNTRY CLUB AND ELSHAZLY FATHALL) CONSENT CALENDAR ACTION Motion by Warshaw and seconded by Toma to approve all items listed on the Consent Calendar as presented except Item #3 — Letter of Opposition to Assembly Bill 1980 (Hernandez) — Public Safety Services. Motion carried by 5 — 0. Item 3 Letter of Opposition to Assembly Bill 1980 (Hernandez) — Public Safety Services Mayor Herfert introduced the item and addressed the fact that this bill would take local control out of the hands of West Covina residents and would leave the decisions in the hands of someone in Sacramento or a regional policing agency. Motion Motion by Herfert and seconded by Warshaw, who agrees that this matter should be by ordinance giving the people of West Covina the vote in this matter, to send a letter of opposition to Assembly Bill 1980 (Hernandez) — Public Safety Services. Motion carried by 5 — 0. 5 City Council Minutes of March 18, 2014 DEPARTMENTAL REGULAR MATTERS City Clerk's Office 5) Appointment of Human Resources Commissioner Human Resources Commission Mayor Herfert introduced the item and thanked the applicants for coming and offering to serve on the commission. He then opened the matter for Council discussion and/or comments. City Manager Chung announced a fifth applicant, Russell Gordon, was not able to attend but is still interested in serving on the commission. Councilmember Warshaw provided a brief background of Russell Gordon's experience in law and human resources/workers' compensation. Mayor Herfert asked for nominations. Motion by Councilmember Warshaw to nominate Russell Gordon, seconded by Spence. Spence stated he supported all of the candidates as well qualified. Councilmembers engaged in brief discussion on the applicants' qualifications and the difficulty of selecting from applicants that are all qualified to serve. Mayor Herfert restated motion by Warshaw and seconded by Spence to nominate Russell Gordon. Deputy City Attorney reiterated that the appointment will require three affirmative votes. Motion failed 2-1. (lack of three affirmative votes) Motion Motion by Toma and seconded by Sykes to nominate Jocelyn Blakely to serve the remaining three-year term that expires on March 31, 2016 of the Human Resources Commission. Motion carried by 5 — 0. Public Works 6) Consideration of a Rental Housing Inspection and Regulatory Rental Housing Program Program This item was discussed earlier after Oral Communications. MAYOR/COUNCILMEMBER REPORTS Mayor Pro Tem Fred Sykes 7) Code Amendment to Prohibit Medical Marijuana Dispensaries Medical Marijuana Dispensaries Mayor Pro Tern Sykes introduced the item expressing his views for bringing this matter forward and requested Council's consensus to address some of the dangers and problems of medical Marijuana dispensaries. Councilmember Spence agreed that the City should have some kind of ordinance in place before a law is adopted to allow the dispensaries. Councilmembers discussed options. Motion Motion by Spence and seconded Sykes to approve Option #5, to direct staff to prepare a code amendment to prohibit Medical Marijuana Dispensaries and to include standards and restrictions in the event the Federal government requires cities to allow Medical Marijuana Dispensaries and the City has codes in place prior. Motion carried 5-0. Continuing Closed Session Mayor Herfert stated the City council would be reconvening closed session discussion. Deputy City Attorney Nichols provided direction for the City Council to recess the Regular Meeting to reconvene the earlier Special Meeting to continue closed session Gel City Council Minutes of March 18, 2014 discussion. Reporting out of closed session will follow the special meeting and the regular meeting will adjourn at that time. COUNCIL COMMENTS Councilmember Warshaw announced he attended a Foothill Transit meeting and reported on their energy saving programs and the provision of funds to cities to upgrade bus stops. ADJOURNMENT Mayor Herfert announced the meeting would be adjourned in memory of Walt Martin, 40 year resident, who recently passed away. Submitted by: i Assistant City`C erk Susan Rush The regular City Council meeting adjourned at 11:00 p.m. following the Special Meeting closed session discussion. Mayor S 7