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06-02-2015 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 02, 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 6:00 p.m. in the City Manager's Conference Room at City Flail, 1444 W. Garvey Avenue, West Covina. ROLL CALL Present: Mayor Sykes, Mayor Pro 'rem Toma Councilmembers Spence (arrived at 6:30 p.m.), Warshaw, Wong Others Present: Freeland, Franco, Barlow PUBLIC COMMENTS ON ITEMS ON THE AGENDA Assistant Chief Brewer commented on the Fire Management Association negotiations. CLOSED SESSION Mayor Sykes commenced the closed session at 6:05 p.m. to discuss the following matter(s): CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code S 54956.8 Property: Cell Tower on Valley Boulevard (APN# 8724-013-900) Agency Negotiator: Mauk, Freeland Negotiating Parties: City of West Covina & Crown Castle Under Negotiation: Both price and terms of lease Tuesday June 2, 2015 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code ' 54956.9 Property: Shadow Oak Park Agency Negotiator: Mauk, Freeland Negotiating Parties: City of West Covina & Verizon Wireless Under Negotiation: Both price and terms of lease CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Clue v. City of West Covina CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Debbie Dominguez v. City of West Covina 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 ADJOURNMENT Mayor Sykes adjourned the meeting at 7:05 p.m. \''t, Submitted GY: Rosalia'A:: Coi"ide„CMG Assistant City -clerk, redricc Sykes Mayor 2 CITY OF WEST COVINA CITY COUNCIL TUESDAY, YUNE 02 2015, 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 7:14 p.m. INVOCATION — Led by Pastor Samuel Martinez, Christian Faith Center PLEDGE OF ALLEGIANCE — Led by Councilmember Warshaw ROLLCALL Mayor Sykes, Mayor Pro Tern Toma, Councilmembers Spence, Warshaw, Wong REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code & 54956.8 Property: Cell Tower on Valley Boulevard (APN# 8724-013-900) Agency Negotiator: Mauk, Freeland Negotiating Parties: City of West Covina & Crown Castle Under Negotiation: Both price and terms of lease Tuesday June 2, 2015 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code $ 54956.8 Property: Shadow Oak Park Agency Negotiator: Mauk, Freeland Negotiating Parties: City of West Covina & Verizon Wireless Under Negotiation: Both price and terms of lease CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code & 54956.9(d)(1) Clue v. City of West Covina CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Debbie Dominguez v. City of West Covina 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, LA.F.F., Local 3226 City Attorney Kimberly Barlow stated direction was provided on all items but there was no reportable action taken during closed session but direction was given. CHANGES TO THE AGENDA Assistant City Manager Freeland stated an amended ordinance has been provided for Item #2, an ordinance pertaining to the appointment, removal, vacancies and terms of Commissioners. PRESENTATIONS Mayor Sykes, assisted by Community Services Commissioner Luanne Arredondo, recognized Don Scheliga for receiving the Presidential Volunteer Award for his outstanding community service. ORAL, COMMUNICATIONS - Five (5) minutes per speaker Herb Redholtz, West Covina resident, addressed proposed amendment to gun possession ordinance supporting current and/or retired peace officer to carry weapons but not others. Forrest Wilkins, West Covina resident, addressed proposed gun possession ordinance supporting the amendment. Lola Finely, West Covina resident, addressed the usage of CDBG funds and the need to use the fund on a sidewalk at the Heights shopping center, addressed comments from Councilman Spence Tuesday June 2, 2015 regarding his comments at a previous meeting regarding who CDBG funds benefits and issues that should be the priority of the city. Craig Delahoussaye, West Covina resident, addressed an issue on Meeker Avenue in which multiple families are residing in a single family home that is not being addressed requesting assistance. Don Overlin, West Covina resident, addressed the issue of gun control and gun violence. Richard Wolcott, addressed clean energy and the drought requesting government support. William Elliot, West Covina resident, spoke in support of the Constitution 2nd amendment, gun control and constitutional rights. Elsie Messman, West Covina resident, addressed campaign contributions of former councilmembers and contributions received from Nationwide street sweeping. Phil Kaufinan, West Covina resident, spoke on gun violence awareness and asked Council to not support the amendment to the weapon possession ordinance. Atu Samuelian, Vice President of Nationwide Environmental Services, stated she would be happy to meet with staff or the Council regarding any concerns they may have with their contract. Phillip Moreno, West Covina resident, congratulated Don Scheliga for receiving the Presidential Volunteer Award, and addressed the city budget. Lloyd Johnson, West Covina resident, addressed the recent Memorial Day Event and offered suggestions for an improved event and the meaning of Memorial Day. Lisa Mayo, West Covina resident, addressed a fundraising event in support of domestic violence. Joe Gardner, West Covina resident, addressed the City's budget and suggest compiling a budget oversight committee. Shahrzad Shishegar, West Covina resident, spoke on National Gun Violence Awareness Day and requested the Council not vote in favor of the weapon possession amendment. Resident Gary Gileno submitted a letter and requested his comments be read into the record since he was not able to attend. Council discussion ensued as to policy or guidelines with letters submitted to the Council. Consensus that the practice is not common and the Mayor will determine when the practice becomes abused and then to not allow. Assistant City Clerk Conde read Mr. Gileno comments into the record. Mr. Gileno's letter addressed items number 11, 12 and 22. i1 Tuesday June 2, 2015 Councilman Spence addressed the issue of offensive comments made towards him making wrong insinuations. Councilmember Warshaw requested that staff address the issues brought forth on Meeker Street. Councilman Spence inquired as to why only the Nationwide Environmental Services contract is agendized for discussion and not all evergreen contracts. 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. COMMISSION SUMMARY OF ACTIONS (receive & file) 1) March 10, 2015 Community and Senior Services Commission Meeting May 12, 2015 Planning Commission Meeting May 26, 2015 Planning Commission Meeting Motion by Wong and seconded by Warshaw to receive & file. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None ORDINANCES FOR ADOPTION 2) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) and Adding Section 2-69(e) of the West Covina Municipal Code Regarding Appointment, Removal, Vacancies and Terms of Commissioners This ordinance was introduced at the West Covina City Council meeting of May 5, 2015. The purpose of this ordinance is to amend the current Municipal Code regulations regarding the appointment, removal, vacancies and terms of City Commissioners. The ordinance will take effect 30 days after its adoption on June 2, 2015. It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. 2273 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-67, 2-68 AND 2-69(a) AND ADDING SECTION 2-69(e) OF CHAPTER 2, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE REGARDING APPOINTMENT AND TERMS OF COMMISSIONERS Tuesday June 2, 2015 Motion by Wong and seconded by Warshaw to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None Councilmember Wong stated for the record that he would like to see applications received for consideration of his appointments by June 15"i. TREASURER'S REPORT (receive & file) 3) City Treasurer's Report for the Quarter Ended March 31, 2015 It is recommended that the City Council receive and file the report. Motion by Wong and seconded by Warshaw to receive & file. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None CITY CLERK'S OFFICE 4) November 3, 2015 General Municipal Election Resolutions Calling for Election and Requesting Consolidation Services with Los Angeles County It is recommended that the City Council adopt the following resolutions related to the November 3, 2015 General Municipal Election to fill the two (2) Councilmember seats whose terms will expire: 1. RESOLUTION NO. 2015-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; AND 2. RESOLUTION NO. 2015-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015, WITH THE LOCAL AND MUNICIPAL CONSOLIDATED ELECTIONS TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; AND 5 Tuesday June 2, 2015 3. RESOLUTION NO.2015-36 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2015 This itens was removed from the Consent Calendar for separate consideration. Councilman Spence inquired as to when discussion regarding potential ballot measures will be brought back for discussion and expressed his concern of a proposed ballot measure being brought forth timely and the added cost to the election. Assistant City Manager Freeland responded that discussion regarding the City Manager's Ordinance and a potential sales tax measure will be brought forth for discussion at a subsequent meeting. Councilmember Wong expressed his concerns with the County's ballot counting which stemmed from the ballot number inaccuracies following the recount from the last election and requested assurance by the County regarding proper certification of the ballots counted. Motion by Wong and seconded by Warshaw to hold item over to the next meeting. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None CITY MANAGER'S OFFICE 5) AB 1234 Conference and Meeting Report - International Council of Shopping Centers (ICSC) Meeting and Conference Report It is recommended that the City Council receive and file the report. Motion by Wong and seconded by Warshaw to receive and file. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 6) Legislative Positions on California State Senate & Assembly Bills It is recommended that the City Council instruct City staff to send position letters of support or opposition to legislation pending with the California State Senate and Assembly, as outlined in this report. 0 Tuesday June 2, 2015 Motion by Wong and seconded by Warshaw to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None COMMUNITY DEVELOPMENT COMMISSION 7) Auto Plaza Business Improvement District It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-41 - 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 2015-2016, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 16, 2015 Motion by Wong and seconded by Warshaw to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None COMMUNITY SERVICES DEPARTMENT 8) Bus Purchase for Transit Program It is recommended that the City Council take the following actions: 1. Approve the purchase of two new propane fueled buses through the CalACT Cooperative Contract in the amount of $254,429.35; and 2. Confirm the Finance Department/Purchasing Officer's findings that the purchase of the new buses through the CalACT Cooperative Contract satisfies West Covina's bid process as stated in the West Covina Municipal Code - Chapter 2, Article VII, Division 2, Sec. 2-333 (i)(2); and 3. Appropriate funds not to exceed $265,000 from the Prop C fund balance to purchase the buses and brand with the Go West logo. Motion by Wong and seconded by Warshaw to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 7 Tuesday June 2, 2015 FINANCE DEPARTMENT 9) Amendment for the FY 2014-2015 General Fund Budget It is recommended that the City Council approve the General Fund budget amendments for FY 2014-2015. Motion by Wong and seconded by Warshaw to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None FIRE DEPARTMENT 10) Acceptance of 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 affirm acceptance of the SAFER Grant No. EMW-2013-FH-00730 to the Federal Emergency Management Agency (FEMA) as outlined in the staff report and proceed with further implementation. This item was removed from the Consent Calendar for separate consideration. Discussion ensued regarding the staffing levels and the funding received from the grant. Fire Chief Whithorn addressed the grant. Motion by Spence and seconded by Toma to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None POLICE DEPARTMENT 11) Asset Forfeiture Funds for Vehicles and Computer Items It is recommended that the City Council take the following actions: 1. Appropriate a total of $376,000 in federal asset forfeiture funds from the fund balance of Fund 117, as follows: • $50,000 into 117.31.3110.6120 for comprehensive website services • $28,000 into 117.31.3110.6272 for online police reporting software • $298,000 into 117.31.3110.7170 for the purchase and equipping of seven non -patrol vehicles 0 Tuesday June 2, 2015 2. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 ©, which states that the certain services (including computer consultant services) are exempt from all bidding procedures, authorize a purchase order agreement with Epic Productions LLC of Tucson, AZ, totaling $50,000 from account 117.31.3110.6120, to create a customized website (including video content) for the West Covina Police Department, and authorize the Mayor to execute any related agreements. This item was removed from the Consent Calendar for separate consideration. Councilman Spence requested future information regarding the operations in which the city receives such funds.. Police Chief Faulkner addressed the types of operations and disbursements of funds. Motion by Spence and seconded by Warshaw to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 12) 2015 Justice Assistance Grant from U.S. Department of Justice It is recommended that the City Council approve the 2015 Justice Assistance Grant and authorize the appropriation of an estimated $19,513 for future grant purchases, as follows: • $8,013 into 13 0.3 1.3 114.6220 for law enforcement supplies e $11,500 into 130.31.3114.6215 for police computer supplies Motion by Wong and seconded by Warshaw to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None PUBLIC WORKS 13) Halon Fire Suppression Systems It is recommended that the City Council amend Majestic Fire Protection, Inc.'s contract in the amount $42,300 (including 15% contingencies) for additional work related to repairs of the Halon Fire Suppression Systems and authorize the Mayor and City Clerk to execute a contract for the full amount of $62,320. Motion by Wong and seconded by Warshaw to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None E Tuesday June 2, 2015 14) West Covina Citywide Sewer Service Charge Setting a Public Hearing Date on the Method of Collection and Fee Increase It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-32 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO ADOPT A SCHEDULE OF SEWER FEE INCREASES AND COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING JULY 7, 2015 FOR A PUBLIC HEARING ON THE METHOD OF COLLECTION AND FEEINCREASES This item vvas removed from the Consent Calendar for separate consideration. Councilman Spence addressed his concerns of collection of funds for services not allowed by sewer funds. Public Works Director Consunji addressed concerns. Councilman Spence stated he would not support an increase if funds collected for services are not an allowed service. Motion by Wong and seconded by Warshaw to approve. Motion carried 4-1. AYES: Toma, Warshaw, Wong, Sykes NOES: Spence ABSENT: None END OF CONSENT CALENDAR RECESS — Mayor Sykes recessed the meeting at 9:14 p.m. The City Council meeting reconvened at 9:20 p.m. with all members present. HEARINGS PUBLIC HEARINGS 15) Zone Change No. 14-03 Tentative Tract Map No. 73043 Mitigated Negative Declaration of Environmental Impact Applicant: CV West Covina I INV, LLC (Kim Hesse, City Venture) Location: 424 S. Lark Ellen Avenue (Formerly South Hills Church of Christ) The Planning Commission and Planning staff recommend that the City Council adopt the following resolutions: 1. RESOLUTION NO. 2015-42 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ZONE 10 Tuesday June 2, 2015 CHANGE NO. 14-03 AND TENTATIVE TRACT MAP NO. 73043 A PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED 2. RESOLUTION NO.2015-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 73043 The Planning Commission and Planning staff further recommend that the City Council introduce the following ordinance: ORDINANCE NO. 2277 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 14- 03 Mayor Sykes introduced the hearing matter, Assistant City Clerk Conde verified proper legal notice was given and Mayor Sykes opened the hearing. Planning Director Anderson presented the staff report. Mr. Anderson described the project and stated the applicant is requesting a Zone Change from Single Family Residential to Specific Plan 29 and to subdivide the parcel into 22 lots to construct 21 single family homes and one common lot. Mr. Anderson responded to questions from Council. Mayor Sykes opened the public testimony portion of the hearing and requested to hear from speakers in favor of the Zone change. In Favor: Phil Kerr, CEO of City Ventures, thanked staff and the residents for their involvement with the project and spoke on the green energy efficient elements of the project. Kim Hesse, Project Manager at City Ventures, provided an overview and history of the project. In opposition: Eugena Papengara, West Covina resident, addressed issues with walls around her neighboring property. Jefferson DeRoux, West Covina resident, stated that the notification area should have been expanded further than what is legally required and spoke on issues with the density of the project. Rebuttal: Kim Hesse, City Ventures, addressed issues regarding the surrounding walls. Councilmembers commented on the project and Planning Director Anderson answered questions. 11 Tuesday June 2, 2015 Motion by Warshaw and seconded by Toma to approve Resolution No. 2015-42 and Resolution No. 2015-43 to and introduce Ordinance No. 2277. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 16) West Covina Landscape Maintenance District No. 4 - Public Hearing It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-38 - 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 DULY 1, 2015 Due to a conflict of interest due to the proximity of his residence, Mayor Sykes left the dais and did not participate. Mayor Pro Tern Toma presided over the meeting. Mayor Pro Tern Toma introduced the hearing matter, Assistant City Clerk Conde verified proper legal notice was given and Mayor Pro Tern Tomas opened the hearing. Public Works Director Consunji presented the staff report. Mr. Consunji stated the proposed resolution confirms the Engineer Report and Assessment for Maintenance District 4, provided an overview of the report and stated the recommendation is to maintain current assessment rate. Mr. Consunji answered questions regarding proposed Capital Improvement projects with the expenditure of funds. Assistant City Clerk Conde verified that there has been no written opposition received. Mayor Pro Tern Toma opened the public testimony portion of the hearing. Elsie Messman, West Covina resident, spoke on her property tax bill and assessed fees within the maintenance district. Alfred Williams, West Covina resident, inquired into what the expenditures of the funds will take care of. Mayor Pro Tern closed the public testimony portion of the hearing and asked for City Council discussion. Council discussed approving the rates and to have the Capital Improvement projects return for their approval once specific costs are established and benefits are reviewed. Motion by Wong and seconded by Warshaw to approve Resolution No. 2015-38 but to withhold the $400,000 Capital Improvement Plan. Motion carried 4-0. Mayor Sykes did not participate. 12 Tuesday June 2, 2015 AYES: Spence, Toma, Warshaw, Wong NOES: None ABSENT: None Mayor Sykes returned to the dais. 17) West Covina Landscape Maintenance District No. 6 - Public Hearing It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALFORNIA, 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, 2015 Mayor Sykes introduced the hearing matter, Assistant City Clerk Conde verified proper legal notice was given and Mayor Sykes opened the hearing. Public Works Director Consunji presented the staff report. Mr. Consunji stated the proposed resolution confirms the Engineer Report and Assessment for Maintenance District 6, provided an overview of the report and stated the recommendation is to maintain current assessment rate. Mr. Consunji answered questions regarding usage of funds. Assistant City Clerk Conde verified that there has been no written opposition received. Mayor Sykes opening the public testimony portion of the hearing with no one wishing to speak and asked for City Council discussion. Councilmember Wong expressed the same concern of the expenditure of funds for the proposed Capital Improvement projects. Motion by Wong and seconded by Spence to approve Resolution No. 2015-39 but to withhold the Capital Improvement Plan. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 18) West Covina Landscape Maintenance District No. 7 - Public Hearing It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-40 - 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. 7; ORDERING LANDSCAPING 13 Tuesday June 2, 2015 MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2015 Due to a conflict of interest due to the proximity of his residence, Councilmember Wong left the dais and did not participate, however, he did request the City Attorney's as to whether he may address the council as member of the public. City Attorney Barlow stated he may. Mayor Sykes introduced the hearing matter, Assistant City Clerk Conde verified proper legal notice was given and Mayor Sykes opened the hearing. Public Works Director Consunji presented the staff report. Mr. Consunji stated the proposed resolution confirms the Engineer Report and Assessment for Maintenance District 7, provided an overview of the report and stated the recommendation is a rate increase of 2% to stabilize the reserves. Mr. Consunji answered questions. Assistant City Clerk Conde verified that there has been no written opposition received. Mayor Sykes opened the public testimony portion of the hearing. Ben Wong, West Covina resident, requested the Council be cautious in approving the Capital Improvement Program budget and stated he is not opposed to the rate increase. Mayor Sykes closed the public testimony portion of the hearing. Councilmember Warshaw inquired as to what the current fiscal year CIP project was and if the budgeted funds have been spent and suggested to hold item over until provided information as to whether the funds have been expended. Motion by Spence and seconded by Warshaw to continue hearing to June 16, 2015. Motion carried 4-0 with Wong not participating. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 19) Ordinance Repealing Section 15-19 (Sex Offender Residency and Loitering Restrictions) of Article I (General) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety), Relating to Sex Offenders It is recommended that the City Council introduce, give first reading, waive further reading of the following proposed ordinance amending Article I of Chapter 15 of the West Covina Municipal Code: 14 Tuesday June 2, 2015 ORDINANCE NO. 2275 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING SECTION 15-19 (SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY), RELATING TO SEX OFFENDERS City Attorney Barlow addressed current state law and the enforceability of local ordinances recommending the Council introduce the proposed ordinance. Councilman Spence requested that an ordinance be drafted that would allow some local control. Motion by Toma and seconded by Warshaw to give first reading, waive further reading of the ordinance and introduce Ordinance No. 2275 with direction to the City Attorney or draft an ordinance related to sex offenders allowing some local control. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None FINANCE DEPARTMENT 20) Proposed Bid Limit Changes as Established in the West Covina Municipal Code It is recommended that the City Council introduce, give first reading, and waive further reading of the following ordinance that will raise the dollar threshold limits as defined in the West Covina Municipal Code: ORDINANCE NO. 2276 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE VII (PURCHASES AND SALES) INCREASING THE DOLLAR THRESHOLDS AS DEFINED IN SEC. 2-333 AND SEC. 2-334 OF THE WEST COVINA MUNICIPAL CODE Finance Director Christa Buhagiar presented brief staff report to increase bid limit thresholds. Councilmember Wong expressed concern with no required written documentation for purchases of $20,000 - $50,000. Motion by Warshaw and seconded by Wong to give first reading, waive further reading of the ordinance and introduce Ordinance No. 2276 as amended to include only: • No bids are required for the purchase of goods, services and equipment that is less than $2,500, and • For purchases of more than two thousand five hundred dollars ($2,500) that do not exceed twenty thousand dollars ($20,000) a minimum of three quotes shall be obtained and in written format. Revised Ordinance will brought back for second reading at the next meeting. Motion carried 4- 1. 15 Tuesday June 2, 2015 AYES: Warshaw, Wong, Sykes NOES: Spence, Toma ABSENT: None SUCCESSOR AGENCY The City Council meeting recessed at 11:28 p.m. to conduct the Successor Agency meeting. The City Council reconvened at 1 l: 30 p.m. with all members present. MAYORICOUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 21) Ordinance Amending the West Covina Municipal Code Regarding Possession of Weapons at City Hall It is recommended that the City Council introduce, give first reading, and waive further reading of the following proposed ordinance: ORDINANCE NO. 2278 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 15-32 (POSSESSION OF WEAPONS AT CITY HALL PROHIBITED) OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY), RELATING TO POSSESSION OF WEAPONS Councilman Spence stated he would like to follow California law as it would be easier to enforce rather than a local ordinance as most people would not be aware of local ordinance. Motion by Councilman Spence and seconded by Sykes to follow State law. Discussion ensued with motion by Mayor Pro Tern Toma and seconded by Warshaw to amend to allow police officers or retired officers to carry weapons on City property. Following discussion as to State Law, Mayor Sykes would not allow amendment and determined for a vote on original vote. Following further discussion as to what motion is allowed, motion made by Wong and seconded by Warshaw to table item to next meeting to allow State Law to be brought forth for Council review. Motion carried 3-2. AYES: Toma, Warshaw, Wong NOES: Spence, Sykes ABSENT: None HN Tuesday June 2, 2015 MAYOR PRO TEM JAMES TOMA 22) Emergency Water Regulations Adopted by the State Water Resources Control Board It is recommended that the City Council direct staff accordingly. Mayor Pro Tern Toma discussed item and also announced information session being held by Suburban Water tomorrow at West Covina High School. Toma also expressed concern with City municipal code which allows residents to be cited for brown lawns and proposed some type of moratorium against citing residents with brown lawns. Discussion included that maintenance is still required even though residents are to cut back on watering. City Attorney Barlow stated a policy can be brought back regarding not citing residents for brown lawns, however yard maintenance needs to be continued. No motion required, City Attorney's will act on direction. 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.) MAYOR PRO TEM JAMES TOMA & COUNCILMEMBER COREY WARSHAW 23) Request from Mayor Pro Tem James Toma and Councilmember Corey Warshaw for City Council's Consideration to Discuss the Nationwide Environmental Services Contract It is recommended that the City Council direct staff accordingly. Mayor Pro Tern Toma discussed item and proposed to agendize review of contract and evergreen clause. Motion by Toma and seconded by Warshaw to have staff bring back a report to review of contracts with evergreen clauses. Motion carried 5-0. AYES: Spence, Sykes, Toma, Warshaw, Wong NOES: None ABSENT: None AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) Mayor Sykes reported on his attendance to the ICSC conference. Tuesday June 2, 2015 Councilman Spence shared information from the San Gabriel Valley Mosquito Control District and the spraying of mosquitoes. Councilmember Wong commented on his attendance at Assemblywoman Napolitano's public safety prayer breakfast. CITY COUNCIL COMMENTS Councilmember Wong commented on a Police Officers Association flyer being circulated and some facts that are being misrepresented. ADJOURNMENT Motion by Warshaw and seconded by Toma to adjourn the meeting at 12:15 a.m. �Submnitted by- , A._ Conde,-,CMC Assistant City'Clerk Mayor In