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09-03-2019 - Regular Meeting - Minutesx CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY SEPTEMBER 3, 2019, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER A Regular Meeting was called to order by Mayor Johnson on Tuesday, September 3, 2019 at 7:10 p.m. in the Council Chamber,1444 West Garvey Avenue South, West Covina, California. ROLL CALL Councilmembers Present: Council Members Dario Castellanos, Letty Lopez-Viado, Jessica C. Shewmaker, Mayor Pro Tem Tony Wu, Mayor Lloyd Johnson Councilmembers Absent: None City Staff: David Catmany City Manager, Nikole Bresciani Assistant City Manager/Public Services Director/Acting Personnel Officer, Thomas P. Duarte City Attorney, Carrie Gallagher Assistant City Clerk; other city staff presented reports and responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Mayor Pro Tern Tony Wu led the Pledge of Allegiance. REPORTING OUT FROM CLOSED SESSION 09/03/19 CC Regular Meeting Minutes CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code 6 54956.9(d)(4) Briley v. City of West Covina (LA Superior Court Case No. BC30552) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code & 54956.9(d)(1) West Covina Firefighter's Association IAFF Local 3226, et al., v. City of West Covina, et al., (US District Court, Case No. 2:19-cv-01466) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code $ 54956.8 Property: 811 S. Sunset Ave APN No. 8468016904 Agency Negotiator: Carmany, Bresciani, Duarte Negotiating Parties: Carolina Ruiz Under Negotiation: Price and Terms PUBLIC EMPLOYEE APPOINTMENT Title: Fire Chief CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code & 54957.6 City Negotiators: Carmany, Bresciani, Duarte Employee Organizations - Confidential Employees - Maintenance & Crafts Employees - Non -Sworn - W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 Unrepresented Employee Group - Department Heads General Employees Mid -Management Employees W.C. Police Management Association City Attorney Thomas P. Duarte reported that no reportable action was taken. PRESENTATIONS None ORAL COMMUNICATIONS Speaker: Frank Williams Page 2 of 8 09/03/19 CC Regular Meeting Minutes Wen Wen Zhang Kun Chung Ryan (No last name provided) Patrick Bacich Jim Grivich Brian Tabatabui Colleen Rozatti ---End of Public Comment Mayor Johnson invited staff to respond to public comment. City Manager Carmany responded to questions raised by West Covina City Treasurer Colleen Rozatti. Police Chief Bell responded to concern over West Covina Police social media postings. CONSENT CALENDAR ACTION: MOTION BY MAYOR PRO TEM WU AND SECONDED BY COUNCILMAN CASTELLANOS, CARRIED 5-0 to: approve Consent Calendar Items 1 thru 3 & Items 5 thru 7. ACTION: MOTION BY COUNCIL MEMBER SHEWMAKER AND SECONDED BY MAYOR JOHNSON, CARRIED 5-0 to: approve Consent Calendar Item 4 as amended to: have all legislative bills on the Councils platform which are up for consideration routed to the City Council. (Item 4 was pulled by Council Member Shewmaker for separate discussion.) APPROVAL OF MEETING MINUTES 1) AUGUST 20, 2019, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AUGUST 20, 2019, CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES CARRIED 5-0 to: receive and file the minutes of August 20, 2019 Closed Session Meeting Minutes and August 20, 2019 Regular Meeting Minutes. COMMISSION SUMMARY OF ACTIONS 2) SUMMARY OF ACTIONS FOR THE HUMAN RESOURCES COMMISSION MEETING OF JUNE 12, 2019 CARRIED 5-0 to: receive and file the Summary of Actions for the June 12, 2019 Regular Meeting of the Human Resources Commission. INVESTMENT REPORT (receive & file) Page 3 of 8 09/03/19 CC Regular Meeting Minutes 3) INVESTMENT REPORT FOR THE MONTH ENDED JULY 31, 2019 CARRIED 5-0 to: receive and file the Investment Report for the month ended July 31, 2019. CITY MANAGER'S OFFICE 4) CONSIDERATION OF 2019 LEGISLATIVE PLATFORM CARRIED 5-0 to: take the following actions as amended to: have legislative bills on the Councils platform which are up for consideration routed to the City Council. 1. Adopt the proposed 2019 Legislative Platform to support/oppose county, state, and federal legislation as appropriate; and 2. Process letters of support/opposition. COMMUNITY DEVELOPMENT 5) CONSIDERATION OF MEMORANDUM OF AGREEMENT WITH THE COUNTY OF LOS ANGELES AND THE CITIES OF BALDWIN PARK, COVINA, GLENDORA, INDUSTRY, LA PUENTE, AND SOUTH EL MONTE REGARDING IMPLEMENTATION OF THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER SAN GABRIEL RIVER WATERSHED CARRIED 5-0 to: authorize the City Manager to execute the Memorandum of Agreement with the County of Los Angeles, the Los Angeles Flood Control District, and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente and South El Monte, regarding the administration and cost sharing for implementation of the Coordinated Integrated Monitoring Program for the Upper San Gabriel River Watershed. FIRE DEPARTMENT 6) CONSIDERATION OF LEASE PURCHASE OF FIRE DEPARTMENT MUTUAL AID VEHICLES CARRIED 5-0 to: take the following actions: 1. Approve a five-year lease agreement with Lease Servicing Inc., dba National Cooperative with a lease fee in the amount of $24,006 to purchase thru National Auto Fleet Group in the amount of $196,758.72 (including sales tax, delivery, and options) three 2019 Crew Cab 4x4 pick-up trucks with bed covers, up -fit, mobile radios and graphics. Waive formal contract procedures in accordance with the Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333(i)(2); 2. Approve a purchase order with Lease Servicing Inc., dba National Cooperative in the amount of $22,076.40 for FY 2019-2020 lease payments; Page 4 of 8 09/03/19 CC Regular Meeting Minutes 3. Approve a purchase order to Acura Systems International Inc., in the amount of $18,479.90 (including sales tax and delivery) for the purchase of a mobile data computer ("MDC") and related accessories for the vehicles. Waive formal contract procedures in accordance with the Municipal Code Chapter 2, Article VII, Division 2, See. 2-333(i)(2); 4. Adopt the following resolution: RESOLUTION NO.2019-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING DULY 1, 2019, AND ENDING JUNE 30, 2020 (Purchase of Fire Mutual Aid Vehicles). HUMAN RESOURCES 7) CONSIDERATION OF NEW CLASS SPECIFICATION AND SALARY — CODE ENFORCEMENT MANAGER CARRIED 5-0 to: approve the new class specification and salary range for Code Enforcement Manager. END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF ADMINISTRATIVE USE PERMIT (AUP) NOS. 19-25,19-26,19- 27,19-28, AND 19-29 FOR THE REMOVAL AND REPLACEMENT OF EXISTING LIGHT POLES AND THE INSTALLATION OF SMALL WIRELESS FACILITIES (SWFS) ALSO KNOWN AS SMALL CELL SITES, CONSISTING OF SHROUDED ANTENNAS ON TOP OF LIGHT POLES AND UNDERGROUND EQUIPMENT IN THE PUBLIC RIGHT-OF-WAY NEAR/IN FRONT OF THE FOLLOWING ADDRESSES: 1631 E. NANETTE AVENUE, SCE POLE # 4279155E (AUP NO. 19-25); 2539 TEMPLE AVENUE, SCE POLE # 1918455E (AUP NO.19-26); 1689 NATALIE AVENUE, SCE POLE # 2079805E (AUP NO. 19-27); 2634 TEMPLE AVENUE, SCE POLE # 1918457E (AUP NO. 19- 28); 1722 NATALIE AVENUE, SCE POLE # 2271977E (AUP NO.19-29) Mayor Johnson announced the Public Hearing matter, Assistant City Cleric Gallagher verified that proper legal notice was given, and Mayor Johnson opened the Public Hearing at 7:40 p.m.. Community Development Director Jeff Anderson introduced the item and Planning Manager Jo - Ann Burns presented the report with the use of a Power Point presentation. Deputy City Attorney Baron Bettenhausen provided legal review and City staff responded to questions from Council. Public Comments in Favor of Appeal Page 5 of 8 09/03/19 CC Regular Meeting Minutes Applicant Ian Pike addressed the City Council requesting they reject the proposal to install new cell sites proving aesthetics as the reasoning behind the appeal in addition to his belief that there is no real need for them in the City. Angie Gillingham Christopher Bout Audrey& Ashley Henry Wong Fredrick Sykes Rick Heng Mimi Quan Opposition of Appeal Applicant Robert Jystad, Government Relations Manager of Crown Castle, with the use of a Power Point presentation provided an overview of proposed small cell site design specifications; he responded questions from City Council, Mayor Pro Tem Wu departed the dais at 9:01 p.m., he returned at 9:06 p.m. Applicant Ian Pike spoke to rebut testimony offered in opposition to the appeal. ---End of Public Comment --- City Council added additional comments. Applicant has agreed to toll the "shot clock" and continue the item until October 1, 2019. ACTION: MOTION BY MAYOR JOHNSON AND SECONDED BY COUNCILWOMAN LOPEZ-VIADO, CARRIED 5-0 to: continue the item to October 1, 2019 and direct the applicant to contact residents near proposed cell sites and revise plans as requested. The City Council took no action on the proposed resolutions associated with this appeal. DEPARTMENTAL REGULAR MATTERS PUBLIC SERVICES 9) CONSIDERATION OF SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) COYOTE MANAGEMENT PLAN/EDUCATION PROGRAM ACTION: MOTION BY COUNCIL MEMBER SHEWMAKER AND SECONDED BY MAYOR JOHNSON, CARRIED 5-0 to: not adopt the SGVCOG Coyote Management Plan/Education Program. Page 6 of 8 09/03/19 CC Regular Meeting Minutes MAYOR/COUNCILMEMBERS REPORTS AB 1234 Conference and Meeting Report (verbal, if any) Mayor Johnson stated that there were no AB 1234 reports. 10) DISCUSSION REGARDING CODE ENFORCEMENT PROCESS - COUNCILMEMBER JESSICA SHEWMAKER ACTION: MOTION BY COUNCIL MEMBER SHEWMAKER AND SECONDED BY MAYOR JOHNSON, CARRIED 5-0 to: receive and file. Councilmember Shewmaker requested that a discussion reviewing appropriate fines be brought up at a later date under City Council Requests for Reports, Studies or Investigations. ACTION: MOTION BY COUNCILMEMBER SHEWMAKER AND SECONDED MAYOR JOHNSON, CARRIED 5-0 to: agree to bring this item back in the future. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION 11) REQUEST FROM COUNCILMAN DARIO CASTELLANOS REQUESTING THE CITY COUNCIL'S CONSIDERATION TO DIRECT STAFF TO EXPLORE REMOVAL OF NEWSPAPER/ADVERTISING KIOSKS IN THE PUBLIC RIGHT OF WAY ACTION: BY CONCENSUS, Council directed the City Manager to remove abandoned newspaper/advertising kiosks located in the public right of way. CITY COUNCIL COMMENTS None (THIS SPACE HAS BEEN INTENTIONALLY LEFT BLANK) Page 7 of 8 09/03/19 CC Regular Meeting Minutes ADJOURNMENT The Regular Meeting was adjourned at 10:40 p.m., by Mayor Johnson. The next regularly scheduled Regular City Council Meeting will be held on Tuesday, September 17, 2019 at 7:00 p.m. in the Council Chamber, 1444 West Garvey Avenue South, West Covina, California. Submitted by: Carrie Gallagher, CMC Assistant City Clerk i Lloyd Johns n Mayor Page 8 of 8