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10-06-2015 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY OCTOBER 6, 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 6:15 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 Councilmembers Spence (arrived at 6:45 p.m.), Warshaw, Wong Others Present: Freeland, Bokosky, Barlow PUBLIC COMMENTS ON ITEMS ON THE AGENDA ►Ore"l a CLOSED SESSION Mayor Sykes commenced the closed session at 6:08 p.m. to discuss the following matter(s): PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957 Title: City Manager Tuesday October 6, 2015 CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Bokosky, Barlow • Employee Organizations - Confidential Employees - Maintenance & Crafts Employees - W.C. Police Officers' Association General Employees Mid -Management Employees W.C. Police Management Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, UA.F.F., Local 3226 - Department Heads ADJOURNMENT Mayor Sykes adjourned the meeting at 6:55 p.m. Submitted by: �,_, D R salia A. Conde, NI Assistant City Clerk Ja es Toma ayor 2 CITY OF WEST COVINA CITY COUNCIL TUESDAY OCTOBER 6, 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 7:09 p.m. INVOCATION — Led by Reverend Leslie Jena], Citrus Valley Hospice PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tern Toma ROLLCALL Present: Mayor Sykes, Mayor Pro Tern Toma, Councilmembers Spence, Wong Absent: Councilmember Warshaw REPORTING OUT FROM CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code $ 54957 Title: City Manager CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code 5 54957.6 City Negotiators: Freeland, Bokosky, Barlow 0 Employee Organizations Tuesday October 6, 2015 - Confidential Employees - General Employees - Maintenance & Crafts Employees - Mid -Management Employees - W.C. Police Officers' Association - W.C. Police Management Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 - Department Heads City Attorney Barlow stated direction was given to staff, there was no reportable action taken. CHANGES TO THE AGENDA None PRESENTATIONS Mayor Sykes called forward Police Chief Faulkner and recognized Sgt. Mike Barron who is retiring with over 29 years of service. Mayor Sykes called forward City Manager Chris Freeland who introduced the Special Olympics host town donors and committee members. ORAL COMMUNICATIONS - Five (5) minutes per sneaker Miriam Nakamura, West Covina resident, offered suggestions to the City in regards to standards for Wireless Telecommunication Facilities in public right-of—ways. Sheena Heng, West Covina resident, spoke in support of standards for Wireless Telecommunication Facilities in public right -of ways. Lola Finley, West Covina resident, congratulated Chris Freeland on his appointment to City Manager, thanked City staff for improvement in the City and spoke on various concerns within the City. Trudy Saltmarsh, West Covina resident, address gun violence and need for procedures when a shooting incident takes place. Elsie Messman, West Covina resident, addressed findings of the State audit and several issues presented on the agenda. Lloyd Johnson, West Covina resident, spoke on waiving City Council benefits if elected to the Council at the next election. John Shewmaker, West Covina resident, addressed his concerns with proposed audit committee. 2 Tuesday October 6, 2015 William Elliott, West Covina resident, spoke on gun violence, congratulated Chris Freeland on his appointment to City Manager, and expressed his opinions of the candidates in the upcoming election. Marie Powell, West Covina resident, addressed homelessness issues. Jerri Potras, West Covina resident, spoke on her support of a resolution supporting Proposition 13 and the formation of an audit committee. Forrest Wilkins, West Covina resident, spoke in support of gun possession at military recruitment centers. Dana Sykes, West Covina resident, spoke on concerns of mail theft in her Shadow Oak neighborhood. Luciano Curuchet, West Covina resident, also addressed mail theft and need to comply with leash laws. Bruce Leinbach, West Covina resident, addressed audio issues with the City's cable channel. Council Members and staff addressed concerns brought forth by residents. CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered lobe 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 at, action. APPROVAL OF MEETING MINUTES (receive & file) 1) March 17, 2015 Regular City Council Closed Session Meeting Minutes March 17, 2015 Regular City Council Meeting Minutes March 31, 2015 Special City Council Meeting Minutes April 7, 2015 Regular City Council Closed Session Meeting Minutes April 7, 2015 Regular City Council Meeting Minutes Motion by Spence and seconded by Toma to receive and file. Motion canned 4-1-1 as follows with Councilmember Wong abstaining since he was not on the Council on the dates submitted: AYES: Spence, Toma, Sykes NOES: None ABSENT: Warshaw ABSTAIN: Wong TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 2) Traffic Committee Minutes - Meeting of September 15, 2015 Tuesday October 6, 2015 L Request. - David Saucedo, West Covina Resident That Parking on the south side of Workman Avenue from 247 N. Phillips Avenue to 1950 E. Workman Avenue be restricted to permit only parking from Sunday through Saturday, from 12:00 a.m. to 6:00 p.m. Trafftc Committee Recommendation: That Parking on the south side of Workman Avenue from 247 N. Phillips Avenue to 1950 E. Workman Avenue be restricted to permit only parking from Sunday through Saturday, from 12:00 a.m. to 6:00 p.m. Motion by Spence and seconded by Toma to accept and file. Motion carried 4-1 as follows: AYES: Spence, Toma, Wong, Sykes NOES: None ABSENT: Warshaw CITY MANAGER'S OFFICE 3) Cancellation of November 3, 2015 City Council Meeting It is recommended that the City Council cancel the November 3, 2015 City Council meeting due to the West Covina Municipal Election. Motion by Spence and seconded by Toma to approve. Motion carried 4-1 as follows: AYES: Spence, Toma, Wong, Sykes NOES: None ABSENT: Warshaw PLANNING DEPARTMENT 4) Agreement with Architerra and David Evans and Associates for Landscape and Irrigation Plan Check Services It is recommended that the City Council take the following actions: 1. Authorize the City Manager to execute the agreement with Architerra Design Group in an amount not to exceed $30,000 annually to provide landscape and irrigation plan check services; and 2. Authorize the City Manager to execute the agreement with David Evans and Associates, Inc. in an amount not to exceed $30,000 annually to provide landscape and irrigation plan check services. This item was removed from the Consent Calendar for separate consideration. 4 Tuesday October 6, 2015 Councilmember Wong inquired as to staffs proposed amount for contract when historically expenditures have been much less. Planning Director Anderson stated that the City is considering the State's requirement for Water Efficient Landscaping for the increase which may require additional plan checking time and exceeding the amount during the lifespan of the contract. Council and staff discussion including threshold of contract amount over 5-year period; contract amount being within the City Manager's authority, and option to approver lower amount and ability to amend if necessary. Motion by Toma and seconded by Spence to reduce contract amount $30,000 to $15,000 annually and to take the following actions: 1. Authorize the City Manager to execute the agreement with Architerra Design Group in an amount not to exceed $15,000 annually to provide landscape and irrigation plan check services. 2. Authorize the City Manager to execute the agreement with David Evans and Associates, Inc. in an amount not to exceed $15,000 annually to provide landscape and irrigation plan check services. Motion carried 4-0 as follows: AYES: Spence, Toma, Wong, Sykes NOES: None ABSENT: Warshaw I01.13.11 [yli`[e] 31141 5) Release of Faithful Performance Guarantee and Labor and Material Bond for Precise Plan No. 12-03 Location: 501 S. Vincent Avenue It is recommended that the City Council accept all on -site and off -site improvements for Precise Plan No. 12-03 and authorize the release of Faithful Performance Letter of Credit No. 661948-40 by Comerica Bank and Labor and Material Bonds No. 4391094 by SureTec Insurance Company in the amounts of $232,734 and $18,600, respectively. Motion by Spence and seconded by Toma to approve. Motion carried 4-1 as follows: AYES: Spence, Toma, Wong, Sykes NOES: None ABSENT: Warshaw 6) Acceptance of Foothill Transit Grant for Bus Stop Enhancement Program It is recommended that the City Council take the following actions: E Tuesday October 6, 2015 1. Accept Foothill Transit's Bus Stop Enhancement Program (BSEP) Grant for Fiscal Year 2015-2016 in the amount of $35,000; and 2. Authorize the City Manager and City Clerk to sign an agreement with Foothill Transit for installation of bus stop improvements at four locations in the City; and 3. Increase the revenue and expenditure budget in the City's Capital Project Fund (160) by $35,000 to account for the reimbursable part of the grant; and 4. Appropriate $20,000 from Proposition A fund balance to provide for the City's matching portion. Motion by Spence and seconded by Tomato approve as presented. Motion carried 4-1 as follows: AYES: Spence, Toma, Wong, Sykes NOES: None ABSENT: Warshaw 7) Sewer System Management Plan 2015 Update It is recommended that the City Council approve a professional services agreement with Willdan Engineering to update the City of West Covina's Sewer System Management Plan. Councilman Spence stated for the record that he will vote no on this item. Motion by Spence and seconded by Toma to approve. Motion carried 3-1 as follows: AYES: Toma, Wong, Sykes NOES: Spence ABSENT: Warshaw END OF CONSENT CALENDAR RECESS - Mayor Sykes called for a recess at 8:45 p.m. The City Council reconvened at 9:40 p.m. with all members present with Warshaw as absent. HEARINGS PUBLIC HEARINGS 8) Code Amendment No. 14-01 Adult Oriented Businesses General Exemption The Planning Commission and staff recommend that the City Council introduce the following ordinance: ORDINANCE NO. 2283 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE 6 Tuesday October 6, 2015 WEST COVINA MUNICIPAL CODE RELATED TO ADULT ORIENTED BUSINESSES Mayor Sykes announced that the Public Hearing was continued from September 1, 2015, Assistant City Clerk Conde verified that proper legal notice was given and Mayor Sykes opened the Public Hearing. Planning director Anderson presented the staff report presenting an overview of the previously presented matter and highlighted the recommended changes to the Municipal Code as discussed at the September meeting. Discussion ensued regarding the proposed number of adult oriented business sites allowed with the proposed amendment; compliance with legal requirements while establishing standards appropriate for the City and protecting First Amendment rights; and separation of businesses. Mayor Sykes opened the Public Testimony portion of the hearing and with no one wishing to speak, closed the Public Testimony. Following discussion, motion by Wong and seconded by Spence to approve option 2 as presented at the September 1, 2015 meeting [Establish a 500-foot buffer to the sensitive uses sand a 750-foot separation between adult businesses, adult businesses would be allowed at approximately 26 sites] and to introduce Ordinance No. 2283 as presented. Motion carried 4-0 as follows: AYES: Spence, Toma, Wong, Sykes NOES: None ABSENT: Warshaw DEPARTMENTAL REGULAR MATTERS COMMUNITY DEVELOPMENT COMMISSION 9) West Covina Business Assistance Program It is recommended that the City Council approve the proposed guidelines for the Economic Development Job Creation Program. City Manager Freeland introduced the item and then turned the presentation over to Senior Project Manager Morales who explained the Economic Development Program through the use of funds through the Community Development Block Grant (CDBG) Funds. Following lengthy discussion, motion by Spence and seconded by Wong to continue this item to October 20, 2015. AYES: Spence, Toma, Wong, Sykes NOES: None ABSENT: Warshaw Tuesday October 6, 2015 FINANCE DEPARTMENT 10) Resolution Establishing an Audit Committee It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ESTABLISHING THE PROCEDURES, RULES AND REGULATIONS FOR THE AUDIT COMMITTEE City Manager Freeland presented an overview of the item. Council discussion included whether the committee is subject to Brown Act requirements, staggering the terms of the appointed Councilmembers, duties of the committee in relation to selection of the City's independent auditors, and the addition of two members of the public to the committee. Motion by Wong and seconded by Spence to approve Resolution 2015-73 establishing an audit committee with an amendment to add two members of the public to the committee, terms for Councilmembers and the members of the public to be staggering terms of two years, and change of the duties of the committee from selecting the independent financial auditor to recommending the independent financial auditor. Motion carried 4-0 as follows: AYES: Spence, Toma, Wong, Sykes NOES: None ABSENT: Warshaw MAYOR/COUNCILMEMBERS REPORTS 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) Councilman Spence, Council Member Wong and Mayor Pro Tern Toma reported on their attendance at the League of California Cities conference. (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.) None 0 Tuesday October 6, 2015 COUNCILMAN MIKE SPENCE 11) Request from Councilman Mike Spence Requesting the City Council's Consideration to Adopt a Resolution Supporting Proposition 13 - People's Initiative to Limit Property Taxation It is recommended that the City Council direct staff accordingly. Councilman Spence spoke in support of Proposition 13 as a protection for homeowner's and requested the consensus of the Council to adopt a resolution supporting Proposition 13 to have the support on record. Councilmember Wong and Mayor Pro Tern Toma stated they would not support the motion since there is no pending legislature action regarding the Proposition. Motion by Spence to have the City Council's consideration to adopt a resolution supporting Proposition 13. Motion failed due to a lack of a second. MAYOR FREDRICK SYKES 12) Request from Mayor Fredrick Sykes Requesting the City Council's Support to Instruct City Staff to Prepare a Staff Report Reviewing and Updating Regulations on Political Campaign Signs It is recommended that the City Council direct staff accordingly. Mayor Sykes stated he would like to review regulations since candidates currently are not following the current regulations, specifically the proper placement of signs, and to include issues of theft within the municipal code. Discussion ensued as to whether the request is to update regulations or to enforce the current code. City Attorney Barlow stated there are new laws regarding signage and will bring forth proposed amendments which incorporate the law. Motion by Sykes and seconded by Toma to have this item brought back after the upcoming municipal election to implement sanctions for violations of the signage code section. Motion carried 4-0 as follows: AYES: Spence, Toma, Wong, Sykes NOES: None ABSENT: Warshaw MAYOR PRO TEM JAMES TOMA 13) Request from Mayor Pro Tern James Toma to Discuss Establishing Standards for Wireless Telecommunication Facilities in the Public Right -of -Way 0 Tuesday October 6, 2015 It is recommended that the City Council direct staff accordingly. Motion by Toma and seconded by Sykes to have staff report back as to review current ordinance for standards for wireless telecommunication facilities in the public right of way. Motion carried 4-0 as follows: AYES: Spence, Toma, Wong, Sykes NOES: None ABSENT: Warshaw CITY COUNCIL COMMENTS Mayor Sykes announced on channel CW "My Crazy Ex -Girlfriend", Breast Cancer Awareness Month, and Domestic Violence Awareness Month. ADJOURNMENT Motion by Spence and seconded by Sykes to adjourn the meeting at 10:44 p.m. in memory of Kim Saltmarsh Dietz, step daughter of resident Turdy Saltmarsh. Submitted by: osalia A -'Conde, CMC Assistant City Clerk vyolr Toma 10