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06-03-2014 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL June 3, 2014 Mayor Pro Tern Sykes called to order the regular meeting of the West Covina City Council at 7:15 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Police Officer Jeff Mosley West Covina Police Department PLEDGE OF ALLEGIANCE Councilmember James Toma ROLL CALL Mayor Pro Tern Sykes, Councilmembers Toma, Warshaw Absent Mayor Herfert REPORTING OUT FROM CLOSED SESSION Deputy City Attorney Nichols reported the following: Prior to convening into closed session, all items on the Joint City Council, Community Development Commission, Parking Authority and the Successor Agency agendas were announced for inclusion in the closed session discussion with all members present except Mayor/Commissioner/Boardmember Herfert. 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 — The City Council/Successor Agency received a telephonic briefing from Special Counsel Steve Owens; the City Council/Successor Agency gave Mr. Owens direction on how to proceed in that litigation with no reportable action taken. Conference with Labor Negotiators - City Negotiators: Chung, McKay — Confidential Employees, Maintenance & Crafts Employees, Non -Sworn Safety Support Employees, W.C. Police Management Association, W.C. Firefighters' Association, I.A.F.F., . Local 3226, General Employees, Mid -Management Employees, W.C. Police Officers Association, W.C. Firefighters' Management Association — The City Council received a short presentation on Labor Negotiations with all of the Employees Labor Organizations from the City Manager; there was not sufficient time for considering this item and there was no reportable action taken. The following three items regarding property negotiations were not heard due to lack of time. There was no reportable action. Conference with Real Property Negotiators — 1340 E. Puente Avenue Conference with Real Property Negotiators — 1500 W. Rowland Avenue Conference with Real Property Negotiators — 625 E. Merced Avenue — Verizon Wireless Conference with Legal Counsel — Existing Litigation - Case Number: BC519400 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency, West Covina Community Development Agency; Case Number: BC 519545 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency, West Covina Community Development Commission; Case Number: BC519543 City Council Minutes of June 03, 2014 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency, the West Covina Parking Authority; Case Number: BC519546 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency; Case BC516022 — State of California v. City of West Covina, Successor Agency to the West Covina Redevelopment Agency — Deputy City Attorney Nichols reported there are five cases of the State of California vs the City, Community Development Commission, Successor Agency and Parking Authority and that not all parties are involved in each case; all cases are condemnation cases involving partial takings of property owned by the city agencies near the 10 Freeway. A briefing was provided by Special Counsel on that matter; he made recommendations on how to proceed and received direction from the various city agencies on how to proceed with no reportable action taken. PRESENTATIONS Mayor Pro Tern Sykes called forward Annie Wandrie, fund raiser for the muscular Dystrophy Association, and West Covina resident John Hughes to thank the West Covina Firefighters Association Local 3226 for their support and fundraising success. CHANGES TO THE AGENDA None. ORAL COMMUNICATIONS Shirley Buchanan Shirley Buchanan, West Covina resident, addressed the Hassen Imports Partnership litigation and the attorney representing the case. Angie Gillingham Angie Gillingham, West Covina resident, representing the Taylor House at Heritage Park announced the Artist Craftsman event on June 8 from 1:00 to 4:00 p.m. Phillip Moreno Phillip Moreno, West Covina resident, requested that Steve Herfert resign as councilmember and requested that Council respond in writing to his statement. Mr. Moreno addressed the CIP document which was part of the 2014-15 Budget Study Session. Lloyd Johnston Lloyd Johnston, West Covina resident, spoke on moving forward with the Orangewood Soccer field; inquired about bidding process for crossing guards; and spoke in support of the audit; addressed legal services on behalf of former Councilmember Touhey and inquired why the City paid the legal costs for those legal services. John Shewmaker John Shewmaker, West Covina resident, addressed the request for a City audit citing examples of why an audit should be done. Art Ballin Art Ballin, president of West Covina Youth Soccer, addressed the progress of the Orangewood Soccer field requesting the Council move forward. Beverly Balthius Beverly Balthius, representing West Covina Beautiful, announced a Fashion Show and Brunch on June 14 starting at 9 a.m. Irene Fleck Irene Fleck, West Covina resident, announced the Library Summer Reading program and other upcoming Library events. Carolyn Arndt Carolyn Arndt, West Covina resident, announced an Adopt -A -Park event at Galster Park on June 14; addressed the contract with the legal firm of Squires Sanders and the General Plan. K City Council Minutes of June 03, 2014 Jefferson DeRoux Jefferson DeRoux, West Covina resident, spoke in opposition to the audit as he had not heard justification to do an audit and asked for justification of the expenditure. CONSENT CALENDAR 1) Approval of Meeting Minutes (receive & file) Minutes Regular Council Meeting Minutes of March 18, 2014 Special Council Meeting Minutes of April 1, 2014 Regular Council Meeting Minutes of April 1, 2014 Special Council Meeting Minutes of April 7, 2014 Commission Summary of Actions 2) Community & Senior Services Community and Senior Services Commission — March 11, 2014 3) Planning Commission Planning Commission — May 13, 2014 and May 27, 2014 Government Tort Claim Denials 4) Recommendation is that the City Council deny the following Claims Against the City Government Tort Claims, and the Claimants and/or their respective attorneys be so notified. - Graciela Araujo vs. City of West Covina - Carlos & Vilma Cuevas vs. City of West Covina Traffic Committee Meeting Minutes (accept & file) 5) Traffic Committee Meeting Minutes of March 18, 2014 March 18 Traffic Committee This item was held over at the request of the resident at the April 1, 2014 City Council meeting: L Request Lola Finley, West Covina Resident That speeds be reviewed on Woodgate Drive and stop signs be installed at the intersections of Woodgate Drive at Courtnay Circle and Woodgate Drive at Brookfield Place. Traffic Committee Recommendations: That staff continue to monitor the traffic conditions on Woodgate Drive. That Playground (W15-1) and Ahead (W16-9p) signs be installed in advance of Gingrich Park on the east and westbound approaches of Woodgate Drive. That a right -edged stripe be installed along Woodgate Drive adjacent to Gingrich Park. 6) Traffic Committee Minutes for May 20, 2014 May 20 Traffic Committee a. Accept and file the following minutes of the Traffic Committee Meeting of May 20, 2014. I. Request: Charles and Janet Souza, West Covina Residents That Parking on the south side of Palm Drive at 1824 Palm Drive be restricted to permit only parking. Traffic Committee Recommendation: That parking on the south side of Palm Drive at 1824 Palm Drive be restricted to permit only parking. Il. Request: City Initiated That the traffic conditions be reviewed for Norma Avenue between Calvados Avenue and Citrus Street. City Council Minutes of June 03, 2014 Traffic Committee Recommendations: That on Norma Avenue from Calvados Avenue to Citrus Street be posted at 25 miles -per -hour with a radar enforced plate. That an ordinance be introduced amending Sections 22-131 of the West Covina Municipal Code relating to the reduction of the posted speed limits on Norma Avenue from Calvados Avenue to Citrus Street from 35 miles -per -hour to 25 miles -per -hour. b. It is recommended that the City Council introduce the following ordinance to reduce the posted speed limit on Norma Avenue from Calvados Avenue to Citrus Street from 35 miles -per -hour to 25 miles -per -hour. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE SECTION TITLED "INCREASES OF STATE LAW MAXIMUM SPEEDS" TO REDUCE THE SPEED LIMIT ON NORMAN AVENUE This item was pulled from the Consent Calendar for separate consideration. 7) Community Development Commission Auto Plaza Business Improvement Auto Plaza Business Improvement District Recommendation is that the City Council adopt the following Resolution: Resolution No. 2014-18 RESOLUTION NO. 2014-18 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2014-2015, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 17, 2014 Community Services Department Amended and Restated Community Recreation Program Agreement Between the City of West Covina Unified School District 8) Recommendation is that the City Council take the following WCUSD Rec. Program actions: 1. Approve the Amended and Restated Community Recreation Program Agreement between the City of West Covina and West Covina Unified School District; and 2. Authorize the Mayor to execute the agreement to continue allowing joint use of the various School District properties for recreational purposes by the City of West Covina. This item was pulled from the Consent Calendar for separate consideration. 9) Orangewood Park Soccer Orangewood Park Soccer Complex Recommendation is that the City Council direct staff to proceed with the Request for Proposals (RFP) to retain a designer for the Orangewood Park Soccer Complex phases I through III. This item was pulled from the Consent Calendar for separate consideration. 10) Discover West Covina Newsletter Discover West Covina Recommendation is that the City Council approve the following actions: C! City Council Minutes of June 03, 2014 1. Approve Option No. 3, which authorizes Sari Art & Printing to print the twelve (12) [age Discover West Covina Newsletter for Fiscal Year 2014-2015 and mail to residential and business addresses in West Covina; and 2. Approve the two (2) year agreement with Gary Lawson to solicit advertisements for the Discover West Covina Newsletter. Police Department 11) Asset Forfeiture Funds for Continued Police Information Scientia Technology Services Technology Services Recommendation is that the City Council take the following actions: 1. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (c), which states that professional services, including computer consultants, are exempt from bidding procedures, approve an Information Technology Infrastructure Service Agreement ("Agreement") for up to $150,000 with Scientia Consulting Group, for continued specialized police information technology services, from account 117.31.3119.6120, and authorize the Mayor to execute the Agreement; and 2. Appropriate a total of $150,000 in available federal asset forfeiture from the fund balance of Fund 117 into 117.31.3119.6120 for continued police information technology services. This item was pulled from the Consent Calendar for separate consideration. 12) Professional Services Agreement with All City Management Crossing Guard Services Services for City Crossing Guard Services Recommendation is that the City Council: 1. In accordance with Municipal Code Section 2-330, dispense with the bidding process and enter into a professional services agreement with All City Management Service's of Santa Fe Springs, California, for approximately $472,221 over a three year period; 2. Approve the three year agreement in substantial form; and 3. Authorize the Mayor of the City of West Covina to execute the professional services agreement 13) 2014 Justice Assistance Grant from U.S. Department of Justice Justice Assistance Grant Recommendation is that the City Council approve the 2014 Bureau of Justice Assistance (BIA) Justice Assistance Grant and authorize the appropriation of an estimated $24,017 for future grant purchases, as follows: • $5,000 into 130.31.3113.5113 for supplemental overtime for enforcement • $10,517 into 130.31.3113.6220 for law enforcement supplies • $8,500 into 130.31.3113.6215 for police computer supplies Public Works Department 14) Lot Line Adjustment No. 182 Lot Line Adjustment No. 182 4141 S. Nogales Street Recommendation is that the City Council adopt the following resolution: 5 City Council Minutes of June 03, 2014 Resolution No. 2014-19 RESOLUTION NO. 2014-19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 182 AT 4141 S. NOGALES STREET AND DIRECTING THE RECORDATION THEREOF (VALLEY NOGALES 2469 LLC) 15) Ca1Recycle Grant Application Approval — Five Year Period CalRecycle Grant Application Recommendation is that the City Council adopt the following resolution: Resolution No. 2014-20 RESOLUTION NO. 2014-20 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF WEST COVINA IS ELIGIBLE FOR FIVE YEARS FROM THE DATE OF THE ADOPTION OF THIS RESOLUTION Councilmember Reports 16) Letter of Support for the Completion of Interstate 710 Interstate 710 Letter of Support Recommendation is that the City Council support the completion of Interstate 710 and submit a letter of support of the 710 Coalition. CONSENT CALENDAR ACTION Motion by Spence and seconded by Warshaw to approve all items on the Consent Calendar as presented except Item #7 — Auto Plaza Business Improvement District; Item #9 Orangewood Park Soccer Complex; Item #10 Discover West Covina Newsletter; Item #12. Professional Services Agreement with All City Management Services for City Crossing Guard Services. Motion carried 4 — 0 by the following Roll Call vote: AYES: Spence, Sykes, Toma, Warshaw NOES: None ABSENT: Herfert Council discussion City Manager Chung addressed the crossing guard bid process and the ongoing litigation with Hassen Import Partnership. Deputy City Attorney Nichols addressed the Housing Element component of the General Plan. Item 7 Auto Plaza Business Improvement District Councilmember Warshaw inquired of the dealership membership and whether it includes the new Premier Dealership. City Manager Chung responded. Motion Motion by Warshaw and seconded by Toma to adopt the following resolution: Resolution No. 2014-18 RESOLUTION NO. 2014-18 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2014-2015, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 17, 2014 Motion carried by 4 — 0. Item 9 Orangewood Park Soccer Complex Councilmember Spence inquired about the future operation and costs to maintain the complex and the school district involvement so as to avoid using General Fund monies. City Manager Chung responded and stated that this item is the initial RFP to produce the design of the complex and that those n City Council Minutes of June 03, 2014 questions can be addressed and incorporated at the time the RFP comes before Council. Motion Motion by Spence and seconded by Warshaw to direct staff to proceed with the RFP to retain a designer for the Orangewood Park Soccer Complex Phases I — III. Motion carried by 4 — 0. Item 10 Discover West Covina Newsletter Councilmember Spence inquired about the process of obtaining vendors and supported requests for quotes. Discussion ensued regarding projections for advertising revenues and costs on the proposed increase in newsletter pages and whether to use an RFP or Request for Quotes process. City Manager Chung asked the Council to note the City's contract for printing is in the second year of a three-year contract. Gary Lawson addressed the Council on his solicitation process for advertisements. Council requested and City Manager agreed to pull the item and bring back with additional information on costs/revenues. Item 12 Professional Services Agreement with All City Management Services for City Crossing Guard Services Councilmember Toma expressed his belief that an RFP is warranted for this item considering the costs. City Manager Chung agreed and recommended pulling the item and bring it back with an RFP proposal. HEARINGS Appeal Hearings Appeal of Planning Commission Approval of Conditional Use Permit No. 13-04 Categorical Exemption Applicant: Los Angeles SMSA (Standard metropolitan 17) Statistical Area) LP (DBA Verizon Wireless) Cell Tower at South Hills Country Appellant: Sheena Heng and Property Owners in South Hills Club Location: 2655 S. Citrus Street (South Hills Country Club) Mayor Pro Tern Sykes announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Pro Tern Sykes then proceeded to open the hearing and Planning Director Jeff Anderson presented the staff report. Anderson described the applicant's request for a conditional use permit to allow the installation of a 60-foot tall freestanding wireless telecommunications facility designed to resemble a eucalyptus tree at South Hills Country Club. He quoted the Municipal Code as permitting the installation of freestanding wireless telecommunication facilities in residential zones when a conditional use permit is approved and went into detail describing the location of the facility citing the Zoning Code requirement that it be located a minimum of 100 feet away from residential uses and explained that the nearest residential property is located approximately 136 feet away from the proposed facility. Anderson explained the reasons why the City could not deny wireless facility applications referring to the Federal Wireless Telecommunications Act of 1996 and how this Act prohibited the review of proposed wireless facilities based on health and environmental concerns and it led to the Planning Commission's subsequent approval on April 22, 2014 of the CUP, for which some residents have filed an appeal to the City Council. The Commissioners also determined that wireless facilities are necessary and that the subject site was the best location for the proposed facility. In addition, Anderson cited an approved 7 City Council Minutes of June 03, 2014 monoeucalyptus facility currently under construction at Quail Ridge Center and that the proposed design is consistent with the existing mature eucalyptus trees in the adjacent area and the facility complies with all applicable development standards set forth in the code. Therefore, staff recommends approval of the free-standing wireless telecommunications facility that was approved by the Planning Commission. He added that staff received an email in support of the facility and then offered to answer any questions. Council discussion Councilmember Warshaw inquired about the facility's height and consistency with the surrounding area eucalyptus trees. Planning Director Anderson asked the applicant to come forward to respond to his question. Mayor Pro Tern Sykes inquired about the cost of subterranean vaulting and Anderson responded to his question. Open testimony Mayor Pro Tern Sykes proceeded to open the public testimony portion of the hearing and called for testimony in support of the project, calling forward the appellant. Deputy City Attorney Nichols explained that in the public testimony portion on this appeal, In Favor meant in opposition to the cell tower and in favor of the cell tower meant opposed to the appeal. In favor of Appeal Sheena Heng, West Covina resident and appellant, announced she (opposed to project) is retracting a previous statement she made regarding RF and instead is addressing the location and aesthetics of the cell tower. She went on to refute Verizon's claim that there is a lack of coverage in the area and pointed to areas where the coverage was needed and asked Council to have Verizon place the tower where it is needed. Raymond Quon, West Covina resident, addressed previous requests from Verizon for cell towers that refute their current location request for coverage. Pat McNair, West Covina resident, addressed aesthetics of the tower as not in character with the neighborhood; read letters in support of the appeal from surrounding neighbors. Miriam Nakamura Quan, West Covina resident, in favor of the appeal, addressed E911 emergency calls from cell phones and Verizon's claim of a safety issue. Muhamad Alhassen, West Covina resident, spoke in favor of the appeal and the detriment to the community if the tower is approved. Ashley Nguyen, West Covina resident, spoke in favor of the appeal and the detriment to the view of million -dollar properties. Peter Wang, West Covina resident, spoke in favor of the appeal. Vivian Eng, West Covina resident, addressed the decline of property values when adjacent to cell towers. Janine Peterson, West Covina resident, spoke in favor of the appeal and asked Council to reconsider previously proposed locations for service where it is really needed. 8 City Council Minutes of June 03, 2014 Opposed to Appeal Paul Albritton, Verizon attorney, responded to residents' concerns (in favor of project) about previously proposed locations; questions regarding coverage; concern over property values, and cited Federal laws that prohibit denial on the basis of health and environmental issues. Under Federal law, he warned of prohibiting service if a facility is denied and explained gaps in service, running out of capacity and that the appellant has not presented evidence that qualified under Federal law citing cases as an example. He explained how Verizon conducted an extensive investigation along with Staff and showed that the selected the location is the least intrusive with less homes in the area. Councilmember Warshaw inquired about the adequacy of service to alternative locations, the number of residents served versus capacity and why a drawing had not been provided of the facility. Mr. Albritton and Victor Fung, Communications Engineer with Verizon, responded. Councilmember Toma inquired about the aesthetics of the facility and a discussion ensued on this aspect of the project. Paul Blackburn, West Covina resident, addressed the lack of cell phone coverage at his home. Herb Redholtz, West Covina resident, stated previous comments at the Planning Commission hearing were about health issues and not location/aesthetics as presented tonight. Dr. Peter H. Davis, West Covina resident lives in the area and has terrible cell service and supports the project. Mark Fuller, representing South Hills Country Club, addressed the selection of the cell tower site. Rebuttal Deputy City Attorney Nichols reminded the Council and speakers that any rebuttal may only address issues before the Council and not raise any new issues. Peter Wang, on behalf of appellant Sheena Weng, West Covina resident, contended that the aesthetics is still the issue and that the facility can be moved to resolve the issue. Close testimony With no one else wishing to speak before the Council, Mayor Pro Tern Sykes closed the public testimony portion of the hearing. Planning Director Jeff Anderson read into the record an email received by the Planning Department from Joann Ehele who expressed support of the project (opposes the appeal). Council discussion Councilmember Toma expressed concern with the height of the tower depicted in one presentation and would like to see additional simulated pictures for reference. Councilmember Warshaw felt the issue was the aesthetics and is concerned with the 60-foot height and would approve height of 50 feet. Councilmember Spence felt residents basically oppose the location of the tower and is concerned with what an impasse could lead to even though the applicant has worked years to comply with the City codes and shared his comments of the project and the appeal. Deputy City Attorney Nichols explained that in order for the appeal to be granted it would require three affirmative votes and if the appeal is not granted the Planning Commission's approval of the project would stand. Due to the presence of only 0 City Council Minutes of June 03, 2014 Motion Action on Motion four councilmembers discussion ensued regarding not attaining three affirmative votes, taking no action or to hold over until five members are present. Motion by Warshaw to approve the cell tower with a height of 50 feet. Councilmember Toma would not second the motion without seeing pictures of the tower at 50' and 60' in the area. Councilmember Toma would propose to continue the hearing to see pictures at each height. Motion fails due to lack of a second. Motion n Motion by Toma to continue the hearing to a later date. Councilmember Warshaw stated he would second the motion with the caveat to: 1) provide pictures of views from in front of homes that are most affected; and 2) provide a report from Verizon on the coverage loss from a 60' to a 50' tower. Councilmember Toma accepted the amendment to his motion. Action on Motion Seconded by Warshaw. Motion carried 3 — 1 (Spence — No). Deputy City Attorney Nichols advised that a new motion be made to include reopening the hearing to a date specific. Motion Motion by Toma and seconded by Warshaw to reopen the hearing and continue the hearing to July 15, 2014 to review new issues raised. Motion carried by 3 — 1 (Spence, No). Deputy City Attorney Nichols announced that no further notice would be provided as the action at this meeting met the notification requirement. Recess Mayor Pro Tern Sykes recessed the City Council meeting at 10:55 p.m. The City Council reconvened at 11:03 p.m. with -all members present. Public Hearing Code Amendment No. 14-02 Guest Houses 18 General Exemption Guest Houses Mayor Pro Tern Sykes announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Pro Tem Sykes then proceeded to open the hearing and Planning Director Anderson provided a brief report describing the current Municipal Code requirement for guest houses and explained how this matter came to the City's attention. In addition, he said the code allows for two types of accessory living quarters; guest houses and secondary dwelling units and that only guest houses are being reviewed at this time. He stated that the Planning Commission initiated a code amendment to consider revising the standards for guest houses on February 11, 2014 and held a study session on March 11, 2014 and a public hearing on April 22, 2014 during which the Planning Commission approved the proposed code amendment. Anderson reviewed the current standards in detail for guest houses and the proposed standards approved by the Planning Commission. Some of the new standards related to number of guest houses permitted per lot; windows location; detailed clarification of definitions of bedrooms/bathrooms and qualifying uses of 10 City Council Minutes of June 03, 2014 bathroom/bedrooms; size of guest house; expansion or alteration requirements; parking; architectural style; privacy concerns; exclusions; and, review by the Subcommittee to name a few. Anderson then offered to answer questions. Council discussion Councilmembers Warshaw and Toma inquired about certain structures such as a pool bathroom/pool house. Anderson gave the definition of each and what the Code allows. Councilmember Spence addressed concern of the effect of the Code on property owners who will no longer have the same opportunities to construct guest houses on their properties. Anderson responded to his questions. Open testimony Mayor Pro Tern Sykes proceeded to open the public comment portion of the hearing and called for public comment. Wendy Duncan, West Covina resident, stated the Planning Commission amendment addresses most of her concerns with guest houses and addressed Councilmember Spence's concern that property owners' opportunities are being lost. Ms. Duncan responded that due to the current code, her right to privacy has been infringed upon and when guest houses are used for more permanent uses, the neighborhood and new owners then have to bear the results of the violation to the Municipal Code. Marietta Spillone, West Covina resident, spoke on the elevation in her area that caused concern when a neighbor installed a tuff shed and because the current code does not address issues on elevated properties, asked the Council to please consider. Lloyd Johnson, West Covina resident, spoke in favor of the proposed amendment and addressed privacy issues be taken into consideration. Irene Fleck, West Covina resident, commended the Planning Commission and residents and spoke in favor of the proposed amendment. Ray Bulthuis, West Covina resident, addressed concern for residents who already have a guest house. Close testimony Mayor Pro Tern Sykes proceeded to close the public comment portion of the hearing. Council discussion Council engaged in discussion raising questions regarding lot size limitations and setbacks, windows on second story units and location from setback to protect privacy of neighboring property, grandfathering of existing units, reconstruction issues of existing units in the event of their unforeseen loss, re -appraisal of property for tax purposes. Motion Motion by Warshaw and seconded by Spence to re -open the hearing, bring back to the June 17 meeting with the changes to include: • Change the terms to accessory living quarters • Eliminate 15,000 square foot lot requirement • Include changes regarding rebuild of structure Motion carried 4 — 0 by the following Roll Call vote: AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: Herfert 11 City Council Minutes of June 03, 2014 Public Hearing 19) West Covina Landscape Maintenance District No. 4 20) West Covina Landscape Maintenance District No. 6 21) West Coving Landscape Maintenance District No. 7 Maintenance Districts 4, 6, 7 Mayor Pro Tem Sykes announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Pro Tem Sykes proceeded to open the hearings. Public Works Director Shannon Yauchzee presented the staff report that covered the three districts briefly explaining their history, operation and funding. Yauchzee reported that Maintenance Districts 4 and 6 are capped by Proposition 218 and are therefore recommended to remain the same. Future increases would require a majority vote of the property owners due to the passage of Proposition 218. He reported there currently is sufficient funding in these districts to pay for ongoing maintenance for minor improvements. He reported that staff is recommending a 2% increase in District No. 7 to cover ongoing costs of maintenance and improvements representing a 75 cent increase per month to help keep the reserve balance steady and allow for future repairs, improvements, emergencies to cover the cash flow. He then offered to answer questions. Council discussion Councilmember Warshaw inquired about maintenance contracts and Yauchzee responded to his questions. Councilmember Spence inquired about the request for an increase in District No. 7 in view of the sufficiency in the reserve. Yauchzee stated an emergency or landslide in the hilly area in District No. 7 could cost the District $40-$80,000 dollars and the need to fund the reserves for a future emergency. Councilmember Warshaw inquired about the last time there was an emergency and Yauchzee responded. Assistant City Clerk Rush verified that no written comments were submitted. Open testimony Mayor Pro Tem Sykes proceeded to open the public comment portion of the hearing and called for public comment. Close testimony There being no one wishing to address Council, Mayor Pro Tem Sykes closed the public comment portion of the hearing. Motion Motion by Spence and seconded by Warshaw to maintain the current rates in all three Districts Nos. 4, 6, and 7 and adopt the following resolutions: Resolution No. 2014-21 RESOLUTION NO. 2014-21 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2014 Resolution No. 2014-22 RESOLUTION NO. 2014-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING LANDSCAPING MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2014 12 City Council Minutes of June 03, 2014 Resolution No. 2014-23 RESOLUTION NO. 2014-23 — A RESOLUTION OF THE CITY COUNCIL CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING LANDSCAPING MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2014 Motion carried 4 — 0. MAYOR/COUNCILMEMBERS REPORTS Councilmember Mike Spence Report Regarding the Process and Cost of an Audit by State 22) Controller's Office for the City of West Covina State Controller's Audit Councilmember Spence requested to either carry this item over to July 1, 2014 or approve it now to move forward with the request. Councilmember Warshaw asked what issues were to be included in the audit and costs. Councilmember Spence referred to the Successor Agency/Redevelopment Agency, General Fund cash and fund balance; bonds and refinancing. City Manager Chung responded to questions regarding cost. Motion Motion by Spence and seconded by Warshaw to proceed with the request for the audit. Motion carried by 4 — 0. City Manager Chung requested clarification as to whether to include items brought forth by a speaker. Discussion ensued regarding action already taken and council agreed that much of the residents request to be audited do fall under their action taken. AB 1234 Conference and Meeting Report Councilmember Spence reported on an ICSC Conference he and Councilmember Warshaw attended. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION Councilmember Toma would like to have a policy and procedure established for internal staff or outside people to report questionable financial practices, fraud or abuse specifically with financial expenditures and to include that it can be reported in a confidential manner. Councilmember Warshaw requested to have a policy established on the management of the City's reserves with a policy on how much should be set aside for reserves. City Manager Chung stated staff will be presenting a reserves policy as part of the budget adoption process. ADJOURNMENT Motion by Spence and seconded by Toma to adjourn the meeting at 12:09 a.m. Motion carried 4 — 0. Submi�ed by: siant City'Clerk Susan Rush 13