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04-21-2015 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 21, 2015, 6:00 PM REGULAR MEETING — CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 MINUTES Mayor Sykes called to order the regular closed session meeting of the West Covina City Council at 6:05 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina. ROLL CALL Present: Mayor Sykes, Mayor Pro Tern Toma Councilmember, Warshaw Absent: Councilman Spence Others Present: Mauk, Freeland, Crown, Barlow PUBLIC COMMENTS ON ITEMS ON THE AGENDA No comments made. CLOSED SESSION Mayor Sykes commenced the closed session at 6:10 p.m. to discuss the following matter(s): Tuesday April 21, 2015 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code $ 54956.9(d)(1) CLUE v. City of West Covina CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code�54956.9(d)(3) Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code & 54957.6 City Negotiators: Mauk, Freeland • Employee Organizations W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 RECESS — Mayor Sykes called for a recess at 6:35 p.m. The meeting reconvened at 6:40 p.m. with all members present except Councilman Spence. ADJOURNMENT Mayor Sykes adjourned the meeting at 6:50 p.m. Submitted by: Tor saIia A. Conde, CMC Assistant City_ Clerk fr /-z� Fre ric ykes Mayor CITY OF WEST COVINA CITY COUNCIL TUESDAY, APRIL 212015, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER — Mayor Fredrick Sykes called the meeting to order at 7:05 p.m. INVOCATION — Led by Officer Jeff Mosley from the West Covina Police Department PLEDGE OF ALLEGIANCE — Led by Councilman Mike Spence ROLLCALL Mayor Sykes, Mayor Pro Tern Toma, Councilmembers Spence, Warshaw REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) CLUE v. City of West Covina CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(3) Number of Cases: One (1) Tuesday April 21, 2015 CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code & 54957.6 City Negotiators: Mauk, Freeland • Employee Organizations - W.C. Police Officers' Association - W,.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 City Attorney Kimberly Barlow stated there was no reportable action taken but direction was given. CHANGES TO THE AGENDA Interim City Manager Mauk stated there were no changes. PRESENTATIONS Mayor Sykes called forward Assistant City Manager Freeland who introduced Christina Buhagiar, the City's new Finance Director, and Carl Crown, the City's new Interim Human Resources Director. Mayor Sykes presented Caroline Salinas with a Certificate of Recognition for her community volunteerism. Caroline is a senior at I Poly High School and volunteers at the West Covina Senior Center. Mayor Sykes along with Community Services Director Nikole Bresciani recognized West Covina Beautiful for adopting Aroma Park as part of the Adopt -A -Park program. Mayor Sykes introduced Darleen Phares from Suburban Water, Barbara Rivera, advisor to West Covina High School Cheer Program and Marcos Quezada of EcoTech Services. Suburban Water presented the West Covina High School Cheerleaders with a check for their assistance at the City's Water Smart City Challenge held at West Covina High School. Mayor Sykes introduced Ben Wong, Southern California Edison Public Affairs Representative provided a brief presentation on the 2015 Emergency Response Plan for Local Government. ORAL COMMUNICATIONS - Five (5) minutes per speaker Colleen Rozatti, West Covina City Treasurer, provided a brief update of her recent attendance at the California Municipal Treasurers Association meeting. William Elliot, West Covina resident, addressed his reasons for selecting West Covina as his home and addressed his concerns regarding conduct at a recent General Plan Update meeting held at the Senior Center, and expressed his disappointment with the Mayor. William Worthy, West Covina resident, addressed bringing a community garden to the city. 2 Tuesday April 21, 2015 Peter Thornton, West Covina resident, spoke in support of Dave Stewart for appointment to the vacant Councilmember seat. Paul Blackburn, West Covina resident, spoke in support of Dave Steward to the vacant Councilmember seat. Dr. Newman, expressed his concerns of the Mayor's support of illegal immigrants and his offense of the term New Americans for illegal immigrants. Alfred Williams, West Covina resident, expressed his concern of vandalism at the cell tower located at Shadow Oak Park and difficulty in contacting the cell tower company, and other issues at the park. Sam Cianchetti, West Covina resident, spoke in support of appointing Dave Stewart to the vacant Councilmember seat. Carol Chappell, West Covina resident, spoke in support of Dave Stewart to fill the vacant Councilmember seat. Geneva Nixon, West Covina resident, spoke on the success of the Arbor Day event held on April 18`h. Robin Huidston, West Covina resident, expressed her disappointment of Mayor Sykes signing an Amicus Brief without the support of the Council which supported Presidents Obama's executive immigration plan. Gary Gileno, West Covina resident, addressed concerns regarding both SCAG and SANBAG, two regional planning boards. John Shewmaker, West Covina resident, expressed his concerns with the Mayor and supported Lloyd Johnson to fill the vacant Councilmember seat. James Baca, West Covina resident, addressed concerns of the Mayor Sykes signing an Amicus Brief in support of Presidents Obama's executive illegal amnesty order and thanked Councilmembers Spence, Toma and Warshaw for not supporting it. Phil Moreno, West Covina resident, spoke in support of Lloyd Johnson to fill the vacant Councilmember seat. Raul Rodriguez Jr., West Covina resident, spoke on his concerns of illegal aliens and American citizen rights and addressed a homeless family who needs help in the community. Robert Loutean, addressed the proposed smoking prohibition ordinance and water desolvelation plants. I Tuesday April 21, 2015 Mike McGetrick, spoke on the West Covina becoming a sanctuary city and helping the citizenry of the community. Ilene Ruiz, West Covina Resident, requested the City Council support of having her dog returned to her. Jefferson DeRoux, West Covina resident, addressed comments made regarding illegal immigrants. Shahrzad Shishagar, West Covina resident, spoke on campaign contributions and the impact on elections Bill Robinson, West Covina resident, addressed the implementation of a community garden; the Community Center not serving drinking water to seniors due to drought; and spoke in favor of Lloyd Johnson to fill the vacant Councilmember seat. Cesar Cervantes, West Covina resident, addressed comments made regarding illegal aliens and that the American Dream belongs to everyone. Robert Loutean, West Covina resident, supported a staff report on the role of Mayor [Item #16] and illegal immigration. Councilmembers commented on speakers comments. RECESS — Mayor Sykes called for a recess at 9:15 p.m. The City Council meeting reconvened at 9:24 p.m. with all members present. CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) December 13, 2014 Special City Council Meeting Minutes Motion by Warshaw and seconded by Toma to receive & file. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None COMMISSION SUMMARY OF ACTIONS (receive & file) 2) April 14, 2015 Planning Commission Meeting Summary of Actions Motion by Warshaw and seconded by Toma to receive & file. Motion carried 4-0. 11 Tuesday April 21, 2015 AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None ORDINANCES FOR ADOPTION 3) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) of Chapter 2, Article III of the West Covina Municipal Code Regarding Appointment and Terms of Commissioners It is recommended that the City Council adopt the following Ordinance: ORDINANCE NO. 2273 - AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING SECTIONS 2-67, 2-68 AND 2-69(a) OF CHAPTER 2, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE REGARDING APPOINTMENT AND TERMS OF COMMISSIONERS This item was removed from the consent calendar for separate consideration after Agenda Item 912. Motion by Warshaw and seconded by Toma to move Item 43 after Item 412. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None COMMUNITY SERVICES DEPARTMENT 4) Renewal of Maintenance and Operation Agreement with the San Gabriel Mountains Regional Conservancy It is recommended that the City Council continue the partnership with the San Gabriel Mountains Regional Conservancy and approve renewal of the maintenance and operations agreement. This item was removed from the Consent Calendar for separate consideration. Motion by Spence and seconded by Warshaw to hold renewal at this time to see if there are other groups/organizations that would like to provide programs at Galster Park. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 5 Tuesday April 21, 2015 FIRE DEPARTMENT 5) Amendment to Staffing for Adequate Fire and Emergency Response (SAFER) Grant No. EMW-2013-FH-00730 It is recommended that the City Council authorize City staff to submit an amendment to SAFER Grant No. EMW-2013-FH-00730 to the Federal Emergency Management Agency (FEMA). This item was removed./rom the Consent Calendar for separate consideration. Interim City Manager Mauk provided a brief overview for the purpose of the amendment. Motion by Toma and seconded by Warshaw to approve amendment. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None HUMAN RESOURCES 6) Appointment of the City of West Covina's Specific Representative and Alternate to the Big Independent Cities Excess Pool (BICEP) Governing Board It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING A SPECIFIC REPRESENTATIVE AND ALTERNATE TO THE BIG INDEPENDENT CITIES EXCESS POOL (BICEP) Motion by Warshaw and seconded by Toma to approve. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None 7) Adopting a New Memorandum of Understanding (MOU) and Amending Compensation and Benefits for the West Covina Mid -Management Employee Association It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A ONE-YEAR MEMORANDUM OF UNDERSTANDING (MOU) FOR THE WEST COVINA MID- 0 Tuesday April 21, 2015 MANAGEMENT EMPLOYEE ASSOCIATION AND AMENDING COMPENSATION AND BENEFITS FOR THE MID -MANAGEMENT EMPLOYEE ASSOCIATION This item was removed from the Consent Calendar for separate consideration. Discussion ensued regarding Appendix B, regarding Agency Shop for the unit employees. Assistant City Manager Freeland stated that Agency Shop, as outlined in Appendix B, is a provision the Association can impose amongst its members and not require by approval of the City Council. Councilman Spence opposed Agency Shop and since it is attached to the agreement is therefore is requiring the approval of the Council. Motion by Spence and seconded by Warshaw to remove with the removal of Appendix B Motion failed 2-2. AYES: Spence, Warshaw NOES: Toma, Sykes ABSENT: None Motion by Toma and seconded Sykes to approve as presented. Motion failed 2-2. AYES: Toma, Sykes NOES: Spence, Warshaw ABSENT: None Motion by Warshaw and Toma to continue to the next meeting. Motion carried 3-1. AYES: Toma, Warshaw, Sykes NOES: Spence ABSENT: None PUBLIC WORKS 8) Landscape Maintenance District No. 4 Preliminary Approval of the Engineer's Report It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 2, 2015 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2015-2016 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT This item was removed from the Consent Calendar for separate consideration. 7 Tuesday April 21, 2015 City Attorney Barlow stated that the Mayor has a conflict due to living within the Maintenance District and asked the Mayor to remove himself from the room and have Mayor Pro Tem Toma preside. Public Works Director Consunji answered questions from Council regarding use of funds within the districts and retrofitting for recycled water use. Motion by Toma and seconded by Warshaw to adopt resolution. Motion carried 3-0 with Sykes not voting due to conflict. AYES: Spence, Toma, Warshaw NOES: None ABSENT: None Mayor Sykes returned to the dais. 9) Landscape Maintenance District No. 6 Preliminary Approval of the Engineer's Report It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 2, 2015 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2015-2016 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT This item was removed from the Consent Calendar for separate consideration. Public Works Director Consunji Provided information specific to Maintenance District 6 stating most of the District is drought tolerant, however water is still potable. Councilman Spence requested information regarding Administrative Overhead costs. Motion by Toma and seconded by Warshaw to adopt resolution and to bring back information regarding Administrative Overhead costs and retro fitting for use of recycled water. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None Tuesday April 21, 2015 10) Landscape Maintenance District No. 7 Preliminary Approval of the Engineer's Report It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON NNE 2, 2015 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2015-2016 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT This item was removed from the Consent Calendar for separate consideration. Public Works Director Consunji stated the District is primarily drought resistant and that most of the District is retrofitted for recycled water and confirmed that the recommendation is proposing a rate increase. Motion by Toma and seconded by Warshaw to adopt resolution and bring back information regarding the Administrative Overhead. Motion carried 3-1. AYES: Toma, Warshaw, Sykes NOES: Spence ABSENT: None END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 11) Ordinance of the City Council of the City of West Covina, California, Amending Sections 16-17 and 16-18 of the West Covina Municipal Code to Prohibit Smoking in Public Parks and Public Places It is recommended that the City Council introduce, read by title and waive further reading of the following Ordinance: ORDINANCE NO. 2274 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 16-17 AND 16-18 OF THE WEST COVINA MUNICIPAL CODE TO PROHIBIT SMOKING IN PUBLIC PARKS AND PUBLIC PLACES E Tuesday April 21, 2015 City Attorney Barlow provided on overview of the proposed changes to the ordinance which expanded the definition of public places. Motion by Toma and seconded by Sykes to introduce the ordinance. Discussion ensued regarding issues with implementation process, banning smoking in all areas of the parks and health concerns. Motion fails 2-2. AYES: Toma, Sykes NOES: Spence, Warshaw ABSENT: None CITY CLERK'S OFFICE 12) Consideration of Appointment for City Council Vacancy or Alternatives Alternatives: 1. City Council may take action to fill the position by appointment during the April 21, 2015 City Council meeting. Applicants will be interviewed during this time and given three (3) minutes each to address the City Council during the discussion of this item. 2. City Council may take action not to fill the position at this time, call for a special election and leave the Council seat vacant until a qualified resident is voted into the position during the November 3, 2015 General Municipal Election. It is recommended that the City Council consider an appointment to fill the vacancy of the City Council seat. Mayor Sykes introduced the item and stated that each applicant will have three minutes to address the City Council and questions from the City Council will follow. The following applicants addressed Council stating their qualifications, reasons for seeking the appointment and responded to questions from Council: Lloyd Johnson Daniel Luna David Stewart Kimberly Caceres Ben Wong Dario Castellanos Robert Alan Kunza Cecilia Munoz Motion by Sykes to appoint Dave Stewart to the vacant Council seat. Motion dies due to a lack of second. IN Tuesday April 21, 2015 Motion by Warshaw and seconded by Spence to appoint Lloyd Johnson to the vacant Council seat. Motion failed 1-3. AYES: Warshaw NOES: Spence, Toma, Sykes ABSENT: None Motion by Toma and seconded by Warshaw to appoint Ben Wong to fill the vacant Council seat. Motion carried 3-1. AYES: Toma, Warshaw, Sykes NOES: Spence ABSENT: None Ben Wong was administered the Oath of Office by Assistant City Clerk Conde. Councilmember Wong took his seat at the dais. Consent Calendar Item #3 was pulled from the Consent Calendar for separate consideration after Agenda Item 912. CONSENT CALENDAR ORDINANCES FOR ADOPTION 3) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) of Chapter 2, Article III of the West Covina Municipal Code Regarding Appointment and Terms of Commissioners It is recommended that the City Council adopt the following Ordinance: ORDINANCE NO. 2273 - AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING SECTIONS 2-67, 2-68 AND 2-69(a) OF CHAPTER 2, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE REGARDING APPOINTMENT AND TERMS OF COMMISSIONERS This item was removed from the consent calendar for separate consideration after Agenda Item 12. City Attorney Barlow highlighted changes made at the direction of the Council at the previous meeting in which the ordinance was introduced. Council discussion ensued regarding language on the provisions of the terms of office and appointing/removing of commissioners. Motion by Spence and seconded by Warshaw to have the City Attorney incorporate new language and return the proposed ordinance for a first reading at a subsequent date. 11 Tuesday April 21, 2015 AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None THE FOLLOWING AGENDA ITEMS, NUMBERS 13 —17, WERE NOT HEARD DUE TO THE LATE HOUR. MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 13) Development of Policy/Code Amendment on Establishing Courtesy Notification Standards for Code Amendments It is recommended that the City Council direct staff accordingly. 14) Mitigation Fees for Commercial Development It is recommended that the City Council direct staff accordingly. 15) Review of Section 15-32 of the West Covina Municipal Code Related to Possession of Weapons at City Hall Being Prohibited It is recommended that the City Council direct staff accordingly. AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a briefreport or file a written report on any meeting/evendconference attended at City expense) Councilman Spence reported on recent LA Work meeting. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f- Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Community Development Commission agenda as items of business and must be approved by a majority of the City Council/Community Development Commission.) COUNCILMAN MIKE SPENCE 16) Request from Councilman Mike Spence Requesting the City Council's Support to Instruct City Staff to Prepare a Staff Report on the Role of the Mayor It is recommended that the City Council direct staff accordingly. MAYOR PRO TEM JAMES TOMA 17) Request from Mayor Pro-Tem James Toma for City Council's Consideration to Discuss the Recently Mandated Statewide Water Restrictions 12 Tuesday April 21, 2015 It is recommended that the City Council direct staff accordingly. CITY COUNCIL COMMENTS ADJOURNMENT Mayor Sykes adjourned the meeting at 12:15 a.m. Submitted by: Rosa ia.A: Conde, Assistant City Clerk redrick Sykes Mayor 13