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.
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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:
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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:
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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
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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
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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.
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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
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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
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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
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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
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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
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