Loading...
08-16-2016 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY AUGUST 16, 2016, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER — Mayor James Toma called the meeting to order at 7:15 p.m. INVOCATION — Led by Pastor Mason Okubo, Immanuel 1' Lutheran Church PLEDGE OF ALLEGIANCE — Led by Councilman Lloyd Johnson ROLL CALL Present: Mayor James Toma Councilmen Lloyd Johnson, Mike Spence, Tony Wu Absent: Mayor Pro Tern Warshaw REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: Water Tank Properties — APN's: 8735-001-933/8735-001-934 Agency Negotiator: Freeland, Hall Barlow •Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement Tuesday August 16, 2016 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Promenade Apartments — APN: 8457-019-004 Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 2121 Shadow Oak Drive Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement 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: Freeland, Bokosky, Barlow • Employee Organizations - 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 • Unrepresented Employee Group - Department Heads City Attorney Barlow reported that direction was given but there was no reportable action taken. CHANGES TO THE AGENDA City Manager Chris Freeland stated no changes to the agenda. PRESENTATIONS Citrus Valley Health Partners representatives, Martin Kleinbart and Donna Townsend, presented Fire Chief Whithorn and the West Covina Fire Department with a check to offset the costs for several new ZOLL Defibrillators. The West Covina Lions Club presented a check to the City for use to make improvements at the West Covina Senior Center. 2 Tuesday August 16, 2016 Mayor Toma presented former Community and Senior Services Commissioner with a Resolution of Commendation for his services on the Commission. Mayor Toma and Police Chief Dave Faulkner recognized retired Police Department Detective Irene Meza for over 30 years of service to the City. Recognition of retired Fire Engineer Todd Khmer and Fire Engineer William Gnuse have been postponed to a subsequent meeting. Adjournment Motions Mayor Toma announced that the meeting will adjourn in memory of David Donald Arndt. ORAL COMMUNICATIONS - Five (5) minutes per speaker John Shewmaker, West Covina resident, addressed the request to overturn the Planning Department decision to deny a cell tower at Shadow Oak Park, and opposed an agreement with Citrus Valley Health Partners with the sale of Sunset Field for hospital expansion. Steve Gresham, MKL Industries, supported the City allowing marijuana dispensaries within the City for revenue Elsie Messman, West Covina resident, thanked the police department for keeping the City safe, suggested the City revert to opening five days a week and addressed concerns of the City's expenditures. Philip Moreno, West Covina resident, addressed a City lawsuit and the misuse of public funds. Jerri Potras, West Covina resident, address the MS4 Storrnwater permit compliance regulations and the costs to cities for compliance urging the City to get involved with the current lawsuits with the cities of Duarte and Gardena opposing the regulations. William Elliott, West Covina resident, addressed concerns of current race relations, diversity and disappointment of recent country music concert and interpretation of the culture of country music. Martin Kleinbart, representing Citrus Valley Health Partners, announced the upcoming open house for the new emergency room at Inter Community Hospital on August 26 at 10:00 a.m. Jean Barrymore, West Covina resident, announced he upcoming food and wine event supporting Citrus Valley Health Foundation to be held on October 8, 2016 at South Hills Country Club and on October 9, 2016 at Hurst Ranch. Fredrick Sykes, West Covina resident, requested the Council revisit no smoking in city parks. Tuesday August 16, 2016 Carolyn Arndt, West Covina resident, addressed rule of decorum in the Council Chambers and the conduct of a school board member Steve Cox at the last Candidates forum held and concerns of Mr. Cox's appointment to a City Commission. Dana Sykes, West Covina resident, spokes on concerns of smoking and support of no smoking in public places. Royall Brown, West Covina resident, addressed the argument in favor of ballot measure on discontinuance of use of Sunset Field drafted by Councilmembers. Jefferson DeRoux, West Covina resident, requested the City post a sign of a canceled meeting at the entrance of the Chambers when a meeting is canceled, a tax increase proposed by Councilman Spence following his election to his Council seat and police department staffing levels. City Manager Freeland, City Attorney Barlow and Councilmembers addressed several of the speakers' comments. CONSENT CALENDAR All mailers 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. CLAIMS AGAINST THE CITY 1) Government Tort Claim Denials (receive & file) It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: James Schniep vs. The City of West Covina John Kakos vs. The City of West Covina Roque Salinas vs. The City of West Covina Jazzlyn Alyssa Sandoval vs. The City of West Covina Maria Lydia Frescas vs. The City of West Covina City of San Dimas vs. The City of West Covina Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 2) July 20,2016 Traffic Committee Meeting Minutes 4 Tuesday August 16, 2016 A) Request for additional red curb on East Garvey Avenue south at the east side of McDonald's driveway The Committee concurred with the findings and approved the request. B) Request for red curb on the east side of North Baymar Avenue at the corner of East Garvey Avenue North The Committee concurred with the findings and approved the request. Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw CITY ATTORNEY'S OFFICE 3) Option Agreement with Citrus Valley Health Partners for Sale of Sunset Field Hospital Expansion It is recommended that the City Council approve an Option Agreement with Citrus Valley . Health Partners (CVHP) to give CVHP the right to purchase Sunset Field if voters approve abandonment, and to obtain a loan/advance from CVHP to the City in the amount of $500,000 to pursue purchase of property to expand the City's parkland. This item was removed from the Consent Calendar by Councilman Spence for separate consideration. Councilman Spence inquired into how long the regulatory process would take following the certified election results, in which the City Attorney responded anywhere from 6 to 18 months. Martin Kleinbart, representing Citrus Valley Health Partners, stated they are in the beginning stages of design and interviewing firms for expansion. Councilman Spence discussed options of paying back the advance if the ballot measure failed. Motion by Wu and seconded by Johnson to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw CITY MANAGER'S OFFICE 4) Appointment of City Commissioner It is recommended that the City Council receive and file the informational report. 5 Tuesday August 16, 2016 Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw FINANCE DEPARTMENT 5) Fiscal Year 2015-2016 and Fiscal Year 2016-2017 Budget Amendments It is recommended that the City Council approve the proposed Fiscal Year 2015-16 Budget Amendments: • Appropriate General Fund Expenditures in the amount of $28,532.20 to service contracts (Acct # 110.41.4153.6130) for Street Sweeping contract increases and authorize the accompanying increase to purchase order (P0)4 16-00170; and • Close the design phase of the Orangewood Soccer Complex Project (Acct 06204.172.7700) and move $100,000 of the remaining funds into the construction phase of the Orangewood Soccer Complex Project (Acct 16018.172.7700); and It is recommended that the City Council approve the proposed Fiscal Year 2016-17 Budget Amendment: • Appropriate General Fund expenditures in the amount of $35,000 to professional services (Acct 110.22.2230.6110) for the establishment of two Enhanced Infrastructure Financing Districts (EIFD). This item was removed from the Consent Calendar by Councilman Wu for separate consideration and he inquired into Athens Services interest in the street sweeping contract and proposed street sweeping increases. Motion by Johnson and seconded by Toma to approve as presented. Motion carried 3-1 by the following vote: AYES: Johnson, Spence, Toma NOES: Wu ABSENT: Warshaw PUBLIC WORKS 6) Acceptance of Public Improvements for Project No. BP-15304 - Roof Replacement at the Police Department Building It is recommended that the City Council take the following actions: 6 Tuesday August 16, 2016 I. Accept the Public improvements construction for Project No. BP-15304; and 2. Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 3. Authorize the release of retention funds 35 days after recordation of the Notice of Completion. Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw 7) Summary Vacation of a Portion of a Sanitary Sewer Easement at 1117 S. Serena Drive It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2616-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUMMARILY VACATING AND ABANDONING EASEMENT FOR SANITARY SEWER PURPOSES THAT IS NO LONGER REQUIRED FOR PUBLIC USE WITHIN THE CITY OF WEST COVINA AND AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 8) Appeal of Conditional Use Permit No. 15-08, Variance No. 15-08, and Tree Removal Permit No. 15-06 The Planning Commission recommends that the City Council adopt the following resolution: 7 Tuesday August 16, 2016 RESOLUTION NO. 2016-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING CONDITIONAL USE PERMIT NO. 15- 08, VARIANCE NO. 15-08, AND TREE REMOVAL PERMIT NO. 15-06 ON APPEAL OF PLANNING COMMISSION ACTION Planning Director Anderson presented the staff report. Mayor Toma announced the Public Hearing matter and Assistant City Clerk Butler verified that proper legal notice was given. Mayor Toma stated that the Council would hear first from those in support of the appeal, followed by those opposed, and finally the appellant would be allow to give rebuttal to any testimony received in opposition. Mayor Toma requested questions from Council in which there were none. Mayor Torna opened the Public Testimony period and invited the appellant to speak. Paul Albritton, representing Verizon Wireless, spoke in support, discussed the demands for service for cell phones and wireless equipment, the gap in service, and discussed an appeal package submitted to the Council to support the appeal and overturn the Planning Commission decision which demonstrates the proposed facility will fill a gap in Verizon Wireless service, is the least intrusive feasible alternative and that denial of the project would violate the Federal Telecommunications Act. Mayor Toma invited any additional speakers to speak in favor of the appeal. With no one wishing to speak in favor of the appeal, Mayor Toma invited speakers who wished to speak in opposition of the appeal. Residents Dana Sykes, Fredrick Sykes, Alfred Williams, Jefferson DeRoux, Elsie Messman and Robert Torres spoke in opposition to the appeal citing reasons of why cell tower in Shadow Oak Park and not in other areas of the City or in neighboring cities, threat to birds from cell towers, aesthetics of cells towers, lack of need, lack of proof of necessity by Verizon Wireless, loss of property values, lack of information regarding dropped calls, proof of gap of service, threat of litigation by Verizon Wireless, and lack of benefit to West Covina residents. Mr. Albritton, representing Verizon Wireless, made rebuttal comments to opposition statements. RECESS — Mayor Toma recessed the City council meeting at 9:51 p.m. and reconvened the meeting at 10:03 p.m. with all members present. Mayor Toma closed the Public Testimony period. Councilman Wu requested the City Attorney to clarify the requested motion. City Attorney Barlow suggested that whether the Council 'votes to uphold the Planning Commission or overturn the Planning commission decision a resolution will be brought forward at the next City Council meeting outlining such motion. 8 Tuesday August 16, 2016 Council questions and discussion included why Planning Department recommended approval of project prior to Planning Commission consideration; origin of tower design; gap coverage issues with residents stating no need for coverage while Verizon stated a need for gap coverage; number of times a variance of requiring one-half mile separation between wireless facilities not granted; requirement of underground vaulting vs. above ground structures; option of returning item to Planning Commission with additional information received during City Council public hearing; and lack- of proof by Verizon that additional coverage is needed. Motion by Johnson and seconded by Wu to uphold the Planning Commission decision denying Conditional Use Permit No. 15-08, Variance no. 15-08 and Tree Removal Permit No. 15-06. Councilman Spence expressed his opposition to the appeal. Motion carried 3-1 by the following vote: AYES: Johnson, Wu, Toma NOES: Spence ABSENT: Warshaw DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 9) Argument in Favor of Ballot Measure on Discontinuance of Use of Sunset Field in Order to Sell Property for Hospital Expansion and Potential Rebuttal Argument It is recommended that the City Council take the following actions: 1. Consider and discuss a proposed argument in favor of the Ballot Measure to Discontinue use of Sunset Field to allow the property to be sold to Citrus Valley Health Partners (CVHP) and for proceeds to be placed in a New Park Acquisition Fund with the proceeds to be used only to acquire and develop new parkland; and 2. Consider and discuss preparation and submission of a rebuttal to any primary argument against the measure which may be timely submitted; and 3. Appropriate General Fund balance in the amount of $90,000 to Elections (Acct 110.12.1210.6118) for the cost of the special election. City Manager Freeland introduced the item and stated that the Mayor will present a proposed argument in favor of the ballot measure for review and discussion for submittal to the City Clerk's office no later than August 19, 2016. Mayor Torna presented a draft ballot argument drafted by Mayor Pro Tern Warshaw and himself. City manager Freeland clarified that the Ballot Measure designation will be changed from Measure Q to Measure H. 9 Tuesday August 16, 2016 Council engaged in discussion regarding changes to the argument which included including verbiage stating the expansion of the hospital's emergency facility to save more lives to promote a positive service; adding more medical services and more parks to add the sense of more'; and pros and cons of argument and suggestions. Following lengthy discussion, the City Council amended the proposed argument in support of Ballot Measure H and will submit the argument in support to the City clerk's Office no later than August 19, 2016. Motion by Spence and seconded by Johnson to approve as ballot argument in favor of Ballot Measure drafted by the City Council. Motion canied 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw Motion by Johnson and seconded by Wu to authorize Councilman Spence to co-author a rebuttal argument to any primary argument against the measure if one is submitted. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw FINANCE DEPARTMENT 10) Comprehensive Information Technology Assessment It is recommended that the City Council: 1. Receive and file the Comprehensive Information Technology (IT) Assessment developed by ClientFirst Technology Consulting and authorize staff to work on implementing the IT Master Plan initiatives; and 2. Authorize the City Manager to execute a Professional Services Agreement with ClientFirst Technology Consultant in an amount not-to-exceed $280,000 to perform consulting and software selection services to implement the IT Master Plan initiatives. Finance Director Christa Buhagiar presented the staff report and introduced ClientFirst Senior Partner Tom Jacobson and Managing Partner David Krout who presented a PowerPoint presentation of the IT Master Plan. Council questions included vision of telephone systems, frequency of review of goals and objectives of plans due to changing technology, cost of agreement for consulting and software selection and future maintenance fees, 10 Tuesday August 16, 2016 Motion by Toma and seconded by Spence to approve as presented. Motion carried 4-0. by the following vote: AYES: Johnson, Spence, Wu, Torna NOES: None ABSENT: Warshaw MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN LLOYD JOHNSON 11) City Commissioner Stipends It is recommended that the City Council direct staff accordingly. City Manager Freeland presented a brief staff report. Councilman Johnson requested Council support to increase all commissioner stipend to $75 per meeting, not to exceed $150 per month. Councilman Spence stated his opposition citing surrounding cities in which commissioners receive no stipend. Motion by Johnson and seconded by Wu to increase all commissioners stipends to $75 per meeting ant not to exceed $150 per month, and adopted Resolution No. 2016-72 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING RESOLUTION NO. 2012-34, RELTING TO STIPENDS OF NON- ELECTED CITY COMMISSIONERS. Motion carried 3-1 by the following vote: AYES: Johnson, Wu, Toma NOES: Spence ABSENT: Warshaw 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 in attended at City expense.) Mayor Toma and Councilman Wu reported on the trip to Japan to visit the City of West Covina's sister city. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4f - 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.) 11 Tuesday August 16, 2016 COUNCILMAN MIKE SPENCE 12) Request from Councilman Mike Spence Requesting the City Council's Consensus to Direct Staff to Author an Opposition Letter Regarding SB 1298 (Hertzberg): Local Government Fees and Charges It is recommended that the City Council direct staff accordingly: Councilman Spence requested Council consensus to have staff author a letter of opposition regarding SB 1298 (Hertzberg): Local Government Fees and Charges and have the letter support that the governor veto the bill. Mayor Toma stated he would not support opposition. Motion by Spence and seconded by Johnson to have staff author a letter of opposition to SB 1298 (Hertzberg): Local Government Fees and Charges and have the letter support that the governor veto the bill. Motion carried 3-1 by the following vote: AYES: Johnson. Spence. Wu, Toma NOES: Toma ABSENT: Warshaw 13) Request from Councilman Mike Spence Requesting the City Council's Consensus to Direct Staff to Author an Opposition Letter Regarding AB 1217 (Daly): Orange County Fire Authority Councilman Spence requested this item be removed from the Agenda as he wished to have Council consensus to oppose AB 1362 and not AB 1217. ADJOURNMENT Mayor Toma adjourned the meeting at 11:49 p.m. R salia A:.BiitlMMC, ...Y - Assistant City/Cleik' ' , 12 CITY OF WEST COVINA CITY COUNCIL TUESDAY AUGUST 16, 2016, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER — Mayor James Toma called the meeting to order at 7:15 p.m. INVOCATION — Led by Pastor Mason Okubo, Immanuel I St Lutheran Church PLEDGE OF ALLEGIANCE — Led by Councilman Lloyd Johnson ROLL CALL Present: Mayor James Toma Councilmen Lloyd Johnson, Mike Spence, Tony Wu Absent: Mayor Pro Tern Warshaw REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Water Tank Properties — APN's: 8735-001-933/8735-001-934 Agency Negotiator: Freeland, Hall Barlow •Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement Tuesday August 16, 2016 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Promenade Apartments — APN: 8457-019-004 Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 2121 Shadow Oak Drive Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement 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: Freeland, Bokosky, Barlow • Employee Organizations - 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 • Unrepresented Employee Group - Department Heads City Attorney Barlow reported that direction was given but there was no reportable action taken. CHANGES TO THE AGENDA City Manager Chris Freeland stated no changes to the agenda. PRESENTATIONS Citrus Valley Health Partners representatives, Martin Kleinbart and Donna Townsend, presented Fire Chief Whithorn and the West Covina Fire Department with a check to offset the costs for several new ZOLL Defibrillators. The West Covina Lions Club presented a cheek to the City for use to make improvements at the West Covina Senior Center. 2 Tuesday August 16, 2016 Mayor Toma presented former Community and Senior Services Commissioner with a Resolution of Commendation for his services on the Commission. Mayor Toma and Police Chief Dave Faulkner recognized retired Police Department Detective Irene Meza for over 30 years of service to the City. Recognition of retired Fire Engineer Todd Kliewer and Fire Engineer William Gnuse have been postponed to a subsequent meeting. Adjournment Motions Mayor Toma announced that the meeting will adjourn in memory of David Donald Arndt. ORAL COMMUNICATIONS - Five (5) minutes per speaker John Shewmaker, West Covina resident, addressed the request to overturn the Planning Department decision to deny a cell tower at Shadow Oak Park, and opposed an agreement with Citrus Valley Health Partners with the sale of Sunset Field for hospital expansion. Steve Gresham, MKL Industries, supported the City allowing marijuana dispensaries within the City for revenue Elsie Messman, West Covina resident, thanked the police department for keeping the City safe, suggested the City revert to opening five days a week and addressed concerns of the City's expenditures. Philip Moreno, West Covina resident, addressed a City lawsuit and the misuse of public funds. Jerri Potras, West Covina resident, address the MS4 Stormwater permit compliance regulations and the costs to cities for compliance urging the City to get involved with the current lawsuits with the cities of Duarte and Gardena opposing the regulations. William Elliott, West Covina resident, addressed concerns of current race relations, diversity and disappointment of recent country music concert and interpretation of the culture of country music. Martin Kleinbart, representing Citrus Valley Health Partners, announced the upcoming open house for the new emergency room at Inter Community Hospital on August 26 at 10:00 a.m. Jean Barrymore, West Covina resident, announced he upcoming food and wine event supporting Citrus Valley Health Foundation to be held on October 8, 2016 at South Hills Country Club and on October 9, 2016 at Hurst Ranch. Fredrick Sykes, West Covina resident, requested the Council revisit no smoking in city parks. 3 Tuesday August 16, 2016 Carolyn Arndt, West Covina resident, addressed rule of decorum in the Council Chambers and the conduct of a school board member Steve Cox at the last Candidates forum held and concerns of Mr. Cox's appointment to a City Commission. Dana Sykes, West Covina resident, spokes on concerns of smoking and support of no smoking in public places. Royall Brown, West Covina resident, addressed the argument in favor of ballot measure on discontinuance of use of Sunset Field drafted by Councilmembers. Jefferson DeRoux, West Covina resident, requested the City post a sign of a canceled meeting at the entrance of the Chambers when a meeting is canceled, a tax increase proposed by Councilman Spence following his election to his Council seat and police department staffing levels. City Manager Freeland, City Attorney Barlow and Councilmembers addressed several of the speakers' comments. 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 removedfrom the Consent Calendar for sepal-ate discussion or action. CLAIMS AGAINST THE CITY 1) Government Tort Claim Denials (receive & file) It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: James Schniep vs. The City of West Covina John Kakos vs. The City of West Covina Roque Salinas vs. The City of West Covina Jazzlyn Alyssa Sandoval vs. The City of West Covina Maria Lydia Frescas vs. The City of West Covina City of San Dimas vs. The City of West Covina Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 2) July 20,2016 Traffic Committee Meeting Minutes 4 Tuesday August 16, 2016 A) Request for additional red curb on East Garvey Avenue south at the east side of McDonald's driveway The Committee concurred with the findings and approved the request. B) Request for red curb on the east side of North Baymar Avenue at the corner of East Garvey Avenue North The Committee concurred with the findings and approved the request. Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw CITY ATTORNEY'S OFFICE 3) Option Agreement with Citrus Valley Health Partners for Sale of Sunset Field Hospital Expansion It is recommended that the City Council approve an Option Agreement with Citrus Valley Health Partners (CVHP) to give CVHP the right to purchase Sunset Field if voters approve abandonment, and to obtain a loan/advance from CVHP to the City in the amount of $500,000 to pursue purchase of property to expand the City's parkland. This item was removed from the Consent Calendar by Councilman Spence for separate consideration. Councilman Spence inquired into how long the regulatory process would take following the certified election results, in which the City Attorney responded anywhere from 6 to 18 months. Martin Kleinbart, representing Citrus Valley Health Partners, stated they are in the beginning stages of design and interviewing firms for expansion. Councilman Spence discussed options of paying back the advance if the ballot measure failed. Motion by Wu and seconded by Johnson to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw CITY MANAGER'S OFFICE 4) Appointment of City Commissioner It is recommended that the City Council receive and file the informational report. 5 Tuesday August 16, 2016 Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw FINANCE DEPARTMENT 5) Fiscal Year 2015-2016 and Fiscal Year 2016-2017 Budget Amendments It is recommended that the City Council approve the proposed Fiscal Year 2015-16 Budget Amendments: • Appropriate General Fund Expenditures in the amount of $28,532.20 to service contracts (Acct 110,41.4153.6130) for Street Sweeping contract increases and authorize the accompanying increase to purchase order (P0)# 16-00170; and • Close the design phase of the Orangewood Soccer Complex Project (Acct # 06204.172.7700) and move $100,000 of the remaining funds into the construction phase of the Orangewood Soccer Complex Project (Acct # 16018.172.7700); and It is recommended that the City Council approve the proposed Fiscal Year 2016-17 Budget Amendment: • Appropriate General Fund expenditures in the amount of $35,000 to professional services (Acct if 110.22.2230.6110) for the establishment of two Enhanced Infrastructure Financing Districts (EIFD). This item was removed from the Consent Calendar by Councilman Wu for separate consideration and he inquired into Athens Services interest in the street sweeping contract and proposed street sweeping increases. Motion by Johnson and seconded by Toma to approve as presented. Motion carried 3-1 by the following vote: AYES: Johnson, Spence, Toma NOES: Wu ABSENT: Warshaw PUBLIC WORKS 6) Acceptance of Public Improvements for Project No. BP-15304 - Roof Replacement at the Police Department Building It is recommended that the City Council take the following actions: 6 Tuesday August 16, 2016 1. Accept the Public improvements construction for Project No. BP-15304; and 2. Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 3. Authorize the release of retention funds 35 days after recordation of the Notice of Completion. Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Torna NOES: None ABSENT: Warshaw 7) Summary Vacation of a Portion of a Sanitary Sewer Easement at 1117 S. Serena Drive It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2016-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUMMARILY VACATING AND ABANDONING EASEMENT FOR SANITARY SEWER PURPOSES THAT IS NO LONGER REQUIRED FOR PUBLIC USE WITHIN THE CITY OF WEST COVINA AND AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 8) Appeal of Conditional Use Permit No, 15-08, Variance No. 15-08, and Tree Removal Permit No. 15-06 The Planning Commission recommends that the City Council adopt the following resolution: 7 Tuesday August 16, 2016 RESOLUTION NO. 2016-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING CONDITIONAL USE PERMIT NO. 15- 08, VARIANCE NO. 15-08, AND TREE REMOVAL PERMIT NO. 15-06 ON APPEAL OF PLANNING COMMISSION ACTION Planning Director Anderson presented the staff report. Mayor Toma announced the Public Hearing matter and Assistant City Clerk Butler verified that proper legal notice was given. Mayor Toma stated that the Council would hear first from those in support of the appeal, followed by those opposed, and finally the appellant would be allow to give rebuttal to any testimony received in opposition. Mayor Toma requested questions from Council in which there were none. Mayor Toma opened the Public Testimony period and invited the appellant to speak. Paul Albritton, representing Verizon Wireless, spoke in support, discussed the demands for service for cell phones and wireless equipment, the gap in service, and discussed an appeal package submitted to the Council to support the appeal and overturn the Planning Commission decision which demonstrates the proposed facility will fill a gap in Verizon Wireless service, is the least intrusive feasible alternative and that denial of the project would violate the Federal Telecommunications Act. Mayor Toma invited any additional speakers to speak in favor of the appeal. With no one wishing to speak in favor of the appeal, Mayor Toma invited speakers who wished to speak in opposition of the appeal. Residents Dana Sykes, Fredrick Sykes, Alfred Williams, Jefferson DeRoux, Elsie Messman and Robert Torres spoke in opposition to the appeal citing reasons of why cell tower in Shadow Oak Park and not in other areas of the City or in neighboring cities, threat to birds from cell towers, aesthetics of cells towers, lack of need, lack of proof of necessity by Verizon Wireless, loss of property values, lack of infolmation regarding dropped calls, proof of gap of service, threat of litigation by Verizon Wireless, and lack of benefit to West Covina residents. Mr. Albritton, representing Verizon Wireless, made rebuttal comments to opposition statements. RECESS — Mayor Toma recessed the City council meeting at 9:51 p.m. and reconvened the meeting at 10:03 p.m. with all members present. Mayor Toma closed the Public Testimony period. Councilman Wu requested the City Attorney to clarify the requested motion. City Attorney Barlow suggested that whether the Council -votes to uphold the Planning Commission or overturn the Planning commission decision a resolution will be brought forward at the next City Council meeting outlining such motion. 8 Tuesday August 16, 2016 Council questions and discussion included why Planning Departnient recommended approval of project prior to Planning Commission consideration; origin of tower design; gap coverage issues with residents stating no need for coverage while Verizon stated a need for gap coverage; number of times a variance of requiring one-half mile separation between wireless facilities not granted; requirement of underground vaulting vs. above ground structures; option of returning item to Planning Commission with additional information received during City Council public hearing; and lack of proof by Verizon that additional coverage is needed. Motion by Johnson and seconded by Wu to uphold the Planning Commission decision denying Conditional Use Permit No. 15-08, Variance no. 15-08 and Tree Removal Permit No. 15-06. Councilman Spence expressed his opposition to the appeal. Motion carried 3-1 by the following vote: AYES: Johnson, Wu, Toma NOES: Spence ABSENT: Warshaw DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 9) Argument in Favor of Ballot Measure on Discontinuance of Use of Sunset Field in Order to Sell Property for Hospital Expansion and Potential Rebuttal Argument It is recommended that the City Council take the following actions: 1. Consider and discuss a proposed argument in favor of the Ballot Measure to Discontinue use of Sunset Field to allow the property to be sold to Citrus Valley Health Partners (CVHP) and for proceeds to be placed in a New Park Acquisition Fund with the proceeds to be used only to acquire and develop new parkland; and 2. Consider and discuss preparation and submission of a rebuttal to any primary argument against the measure which may be timely submitted; and 3. Appropriate General Fund balance in the amount of $90,000 to Elections (Acct # 110.12.1210.6118) for the cost of the special election. City Manager Freeland introduced the item and stated that the Mayor will present a proposed argument in favor of the ballot measure for review and discussion for submittal to the City Clerk's office no later than August 19, 2016. Mayor Toma presented a draft ballot argument drafted by Mayor Pro Tern Warshaw and himself. City manager Freeland clarified that the Ballot Measure designation will be changed from Measure Q to Measure H. 9 Tuesday August 16, 2016 Council engaged in discussion regarding changes to the argument which included including verbiage stating the expansion of the hospital's emergency facility to save more lives to promote a positive service; adding more medical services and more parks to add the sense of more'; and pros and cons of argument and suggestions. Following lengthy discussion, the City Council amended the proposed argument in support of Ballot Measure II and will submit the argument in support to the City clerk's Office no later than August 19, 2016. Motion by Spence and seconded by Johnson to approve as ballot argument in favor of Ballot Measure drafted by the City Council. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw Motion by Johnson and seconded by Wu to authorize Councilman Spence to co-author a rebuttal argument to any primary argument against the measure if one is submitted. Motion carried 4-0 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw FINANCE DEPARTMENT 10) Comprehensive Information Technology Assessment It is recommended that the City Council: 1. Receive and file the Comprehensive Information Technology (IT) Assessment developed by ClientFirst Technology Consulting and authorize staff to work on implementing the IT Master Plan initiatives; and 2. Authorize the City Manager to execute a Professional Services Agreement with ClientFirst Technology Consultant in an amount not-to-exceed $280,000 to perform consulting and software selection services to implement the 1T Master Plan initiatives. Finance Director Christa Buhagiar presented the staff report and introduced ClientFirst Senior Partner Torn Jacobson and Managing Partner David Krout who presented a PowerPoint presentation of the IT Master Plan. Council questions included vision of telephone systems, frequency of review of goals and objectives of plans due to changing technology, cost of agreement for consulting and software selection and future maintenance fees, 10 Tuesday August 16, 2016 Motion by Toma and seconded by Spence to approve as presented. Motion carried 4-0. by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: None ABSENT: Warshaw MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN LLOYD JOHNSON 11) City Commissioner Stipends It is recommended that the City Council direct staff accordingly. City Manager Freeland presented a brief staff report. Councilman Johnson requested Council support to increase all commissioner stipend to $75 per meeting, not to exceed $150 per month. Councilman Spence stated his opposition citing surrounding cities in which commissioners receive no stipend. Motion by Johnson and seconded by Wu to increase all commissioners stipends to $75 per meeting ant riot to exceed $150 per month, and adopted Resolution No. 2016-72 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVfNA, CALIFORNIA, REPEALING AND REPLACING RESOLUTION NO. 2012-34, RELTING TO STIPENDS OF NON- ELECTED CITY COMMISSIONERS. Motion carried 3-1 by the following vote: AYES: Johnson, Wu, Toma NOES: Spence ABSENT: Warshaw 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 Toma and Councilman Wu reported on the trip to Japan to visit the City of West Covina's sister city. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 41- 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.) 11 Mayor Tama adjourned the meeting at 11:49 p.m. , Submitted by: Tuesday August 16, 2016 COUNCILMAN MIKE SPENCE 12) Request from Councilman Mike Spence Requesting the City Council's Consensus to Direct Staff to Author an Opposition Letter Regarding SS 1298 (Hertzberg): Local Government Fees and Charges It is recommended that the City Council direct staff accordingly: Councilman Spence requested Council consensus to have staff author a letter of opposition regarding SB 1298 (Hertzberg): Local Government Fees and Charges and have the letter support that the governor veto the bill. Mayor Toma stated he would not support opposition. Motion by Spence and seconded by Johnson to have staff author a letter of opposition to SB 1298 (Hertzberg): Local Government Fees and Charges and have the letter support that the governor veto the bill. Motion carried 3-1 by the following vote: AYES: Johnson, Spence, Wu, Toma NOES: Toma ABSENT: Warshaw 13) Request from Councilman Mike Spence Requesting the City Council's Consensus to Direct Staff to Author an Opposition Letter Regarding AB 1217 (Daly): Orange County Fire Authority Councilman Spence requested this item be removed from the Agenda as he wished to have Council consensus to oppose AB 1362 and not AB 1217. ADJOURNMENT R salia A."-Bittlei-%.MMC Assistant Cityilei.1(' 12 CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ HOUSING AUTHORITY TUESDAY AUGUST 16, 2016, 6:00 PM REGULAR MEETING-CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES Mayor Toma called the order the regular closed session meeting of the West Covina City Council, Successor Agency and Housing Authority at 6:00 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina, California. ROLL CALL Present: Mayor James Toma Councilmen Lloyd Johnson, Mike Spence, Tony Wu Absent: Mayor Pro Tern Warshaw Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City Manager Laura Minnich PUBLIC COMMENTS ON ITEMS ON THE AGENDA None Tuesday August 16, 2016 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Water Tank Properties — APN's: 8735-001-933/8735-001-934 Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Promenade Apartments — APN: 8457-019-004 Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 2121 Shadow Oak Drive Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement 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: Freeland, Bokosky, Barlow • Employee Organizations Confidential Employees Maintenance & Crafts Employees - W.C. Police Officers' Association - W.0 Firefighters' Management Assoc. W.C. Firefighters' Association, I.A.F.F., Local 3226 • Unrepresented Employee Group - Department Heads ADJOURNMENT Chairman Torna adjourned the meeting at 6:47 p.m. - General Employees - Mid-Management Employees - W.C. Police Management Association 2 Tuesday August 16, 2016 Submitted by:1 ,. V BL3-1-L, Rosaliar,A.;13t1-(1r, NINIC AssiStait',City.lCjerk. ' Corey W haw Mayor 3