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11-01-2016 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY NOVEMBER 01, 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 7:00 p.m. INVOCATION — Led by Pastor Kelly Dupee, West Covina Police Chaplain PLEDGE OF ALLEGIANCE — Led by Councilman Tony Wu ROLL CALL Present: Mayor James Tama, Mayor Pro Tern Corey Warshaw Councilmen Lloyd Johnson, Mike Spence, Tony Wu Staff present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Finance Director Cluista Buhagiar, Community Services Director Nikole Bresiani, Deputy City Manager Laura Minnich, Public Works Director Delfino "Chino" Consunji, Human Recourses Director Tom Bokosky, Planning Director Jeff Anderson, Police Chief Dave Faulkner, Fire Chief Larry Whithorn, Building Official Long Tang, and Assistant City Clerk Rosalia A. Butler. REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property:, 707 S. Lark Ellen Ave., West Covina, CA Tuesday November 01, 2016 Agency Negotiator: Freeland, Flail Barlow Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018 Agency Negotiator: Freeland, Hall Barlow, Morales Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 2400 Azusa Ave., West Covina, CA Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)f I): Sanchez v. West Covina, Los Angeles Superior Court Case No. BC634674 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code 54956.9(d)(1): WC Homes, LLC v. West Covina, Los Angeles Superior Court Case No. KC068261 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 the following regarding pending litigation of Sanchez v. City of West Covina: The City Council met with outside counsel, Marguerite Leoni with Nielsen Merksamer Law Firm, and the City Council had given direction to bring an ordinance for consideration to the next City Council meeting to comply with SB4I5 moving City Council municipal elections to even number years and to bring an ordinance for consideration for by-district voting for Councilmembers. 2 Tuesday November 01, 2016 City Attorney Barlow stated there was no other reportable action taken. CHANGES TO THE AGENDA City Manager Freeland stated that Item #2, City Investment Report, will be pulled from the Consent Calendar to allow City Treasurer Rozatti to present the report and a revised Investment report has been distributed and available for the public, and stated that Item #7 regarding the extension of Mariposa Landscape contract will be removed from the Consent Calendar and will be brought back to the November 15, 2016 agenda. PRESENTATIONS Mayor Toma called forward Police Chief Faulkner who introduced new West Covina Police Officers Joseph Mello and Carlos Gonzales. Mayor Toma and Police Chief Faulkner presented a Resolution of Commendation and City Tile recognizing Police Lieutenant Jerry Peannan on his retirement with over 27 years with the West Covina Police Department. Adjournment Motions Mayor Tama announced adjournment motions in memory of Ana Maria Aleman, mother of Public Works Department employee Toni Leon, longtime West Covina residents John and Margie Mordoff, and longtime resident Rosemary Butler. ORAL COMMUNICATIONS - Five (5) minutes per speaker Forrest Wilkins, West Covina resident, addressed his previous request for written response from the City Attorney for questions regarding Athens Disposal Services and the lack of response. Councilman Spence requested to agendize for Council consideration direction to the City Attorney to provide a written response to Mr. Wilkin's questions. Ralph Whitehead, West Covina resident, addressed an issue regarding the repaving of his street followed by the tearing up of the street for water pipe repairs and then repaving again. Colleen Rozatti, West Covina resident, expressed concerns with the City's purchase of a property adjacent to Cameron Park and possibly overpaying for the property. John Shewmaker, West Covina resident, addressed concerns with several previous comments made by the City Attorney and comments from Mayor Pro Tem Warshaw at the previous meeting. Elsie Messman, West Covina resident, addressed several of the City's expenditures for the payment of food for employees. 3 Tuesday November 01, 2016 Gary Gileno, West Covina resident, spoke on a transportation plan approved by Southern California Association of Governments (SCAG) and bureaucratic levels of government. Carolyn Arndt, representing West Covina Improvement Association, on behalf of the Association spoke in support of the sale of Sunset Field for the benefit of Queen of the Valley Hospital with the condition that revenue-be used for the purchase of new parkland only. Shirley Buchanan, West Covina resident, expressed concern with the closure of City Hall on October 31, 2016 for a Halloween event for the employees, concern with the property adjacent to Cameron Park, and was pleased with the many children out trick or treating on Halloween. William Elliott, West Covina resident, spoke in opposition to the pending California Voting Rights Act (CVRA) lawsuit which is forcing the City to district elections and spoke on benefits to the community if the City was to unincorporate. George Ogden, West Covina resident, addressed the CVRA lawsuit and spoke in opposition to voting districts. Andrew Lozano, West Covina resident, addressed the quality of like in his neighborhood and the lack of police presence. Fredrick Sykes, West Covina resident, spoke in opposition to the sale of Sunset Field. Dana Sykes, West Covina resident, expressed concerns with comments made by a speaker that have been degrading to other members of the public, Gail Zauss, West Covina resident, expressed her concern with CalTrans and their striping of lanes and elimination of lanes and the hazards created. Sandra Delahoussaye-Bonds, West Covina resident, spoke in favor and support of district voting and spoke in support of volunteers at Hurst Ranch. City Manager Freeland addressed several of the speakers concerns. Councilman Spence requested a report on Public Works issues, concerns of problems in Mr. Lozano's neighborhood and to have a CalTrans representative come to a meeting to address residents concerns. CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) April 27, 2016 Special City Council Meeting Minutes May 3, 2016 Regular City Council Meeting Minutes May 17, 2016 Regular City Council Meeting Minutes 4 Tuesday November 01, 2016 May 18, 2016 Special Budget Workshop Meeting Minutes Motion by Spence and seconded by Warshaw to receive and file the minutes as presented. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Warshaw, Wu, Toma NOES: None ABSENT: None CITY INVESTMENT REPORT (receive & file) 2) City Investment Report for the Month Ended September 30, 2016 It is recommended that the City Council receive and file the Investment Report for the month ended September 30, 2016. This item was pulled from the Consent Calendar to allow City Treasurer Rozatti to present the Investment Report for the month ended September 30, 2106. Motion by Warshaw and seconded by Johnson to approve the Investment Report as presented. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Warshaw, Wu, Toma NOES: None ABSENT: None CITY MANAGER'S OFFICE 3) Authorization to Purchase Property to Expand Cameron Park It is recommended that the City Council take the following actions: 1. Authorize the City Manager to execute the documents necessary for the property purchase of 707 South Lark Ellen Avenue, West Covina, for the expansion of Cameron Park, at a cost not to exceed $930,000; and 2. Make the necessary appropriations and fund transfers as outlined in the Fiscal Impact Section of the staff report, to facilitate the purchase. Motion by Spence and seconded by Warshaw to approve as presented. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Warshaw, Wu, Toma NOES: None ABSENT: None 5 Tuesday November 01, 2016 FINANCE DEPARTMENT 4) Amended Council Expense and Reimbursement Policy in Compliance with the Requirements of Assembly Bill 1234 It is recommended that the City Council adopt the amended Council Expense and Reimbursement Policy, which satisfies the requirements of Assembly Bill 1234. Motion by Spence and seconded by Warshaw to approve as presented. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Warshaw, Wu, Tama NOES: None ABSENT: None PUBLIC WORKS 5) Assignment of Advanced Electronics' Contract for Radio and Electronic Equipment Maintenance Services to BearCom Group, Inc. It is recommended that the City Council authorize the City Manager to execute an amendment to the contract with Advanced Electronics Inc. to assign all rights and obligations under the original contract to provide radio and electronic equipment maintenance from Advanced Electronics Inc. to BearCom Group, Inc. Motion by Spence and seconded by Warshaw to approve as presented. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Warshaw, Wu, Toma NOES: None ABSENT: None 6) Contract with GPS Insight for Implementation of a GPS Fleet Management System It is recommended that the City Council: 1. Authorize the City Manager to execute a two-year contract with three one-year renewal options with GPS Insight for a total amount not to exceed of $88,981 for implementation of a UPS Fleet Management System; and • 2. Waive formal bidding requirements as described in Section 2-330 of the West Covina Municipal Code. Motion by Spence and seconded by Warshaw to approve as presented. Motion carried 5-0 by the following vote: 6 Tuesday November 01, 2016 AYES: Johnson, Spence, Warshaw, Wu, Toma NOES: None ABSENT: None 7) Extension of Mariposa Landscapes, Inc.'s Contract for Landscape Maintenance Services at City Parks and Civic Center It is recommended that the City Council: 1. Approve a month-to-month extension of the current landscape maintenance contract for City Parks and Civic Center with Mariposa Landscapes, Inc. effective July 1, 2016, at the current contract monthly rate of $28,948.01 not to exceed six months; and 2. Authorize the City Manager to execute a contract extension with Mariposa Landscapes, Inc. for these services. This item pulled from the Consent Calendar by City Manager Freeland to be brought back to a subsequent meeting. 8) Update of Citywide Digital Aerial Maps through Los Angeles Regional Imagery Acquisition Consortium It is recommended that the City Council authorize the City Manager to execute a participant agreement with the County of Los Angeles for the update of citywide digital aerial maps as part of the Los Angeles Regional Imagery Acquisition Consortium 5 (LARIAC5) Project in an amount not to exceed $52,920. Motion by Spence and seconded by Warshaw to approve as presented. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Warshaw, Wu, Toma NOES: None ABSENT: None RECESS - Mayor Toma called for a recess at 8:35 p.m. The City Council reconvened at 8:45 p.m. with all members present. END OF CONSENT CALENDAR 7 Tuesday November 01, 2016 HEARINGS PUBLIC HEARINGS 9) Proposition 218 Public Hearing for Proposed Adjustments to Residential and Commercial Solid Waste Rates It is recommended that the City Council take the following actions: 1. Adopt the following rate increases: • Effective July 1, 2016 - 4% rate increase plus cumulative Consumer Price Index (CPI) from 2014-2016 of 3.05%; • Effective July 1, 2017 - 3% rate increase plus CPI increase from 2016-2017; • Effective July 1, 2018 - 3% rate increase plus CPI increase from 2017-2018; • Effective July 1, 2019 - CPI increase from 2018-2019; and • Effective July 1, 2020- CPI Increase from 2019-2020. 2. Approve the 10th Amendment and Settlement Agreement with Athens Services, and the deal points outlined in the staff report. Mayor Toma introduced the Public Hearing matter, Assistant City Clerk Butler verified proper legal notice was given and Mayor Torna opened the Public Hearing. City Manager Freeland presented the staff report. Assistant City Clerk announced that the City has received 62 written comments in opposition from property owners or customers that pay solid waste fees in West Covina and the City received no written comments in support from property owners or customers that pay solid waste fees in West Covina. Mayor Toma opened the Public Testimony hearing and called forward those in opposition to the proposed rate adjustment. The following members of the public spoke in opposition to the rate adjustment: Forrest Wilkins, Ralph Whitehead, Annette Daniels, John Shewmaker, Phillip Moreno, Hermando Harvey, Irene Fleck, Fredrick Sykes, Dana Sykes, David Shaw, Pauline Maxwell, Fabiola Wong, Gail Zauss, Giancarlo Massarotto, Andrew Lozano, Robert Torres, and Sheena Heng. Mayor Toma called forward those in support of the proposed rate adjustment. Gary Clifford and Christian Warner representing Athens Services presented a video portraying Athens Services and spoke in support of the rate increase. 8 Tuesday November 01, 2016 Mayor Toma asked if there were any additional written protests to be submitted prior to the close of the Public Hearing. Written protests were submitted to Assistant City Clerk Butler. Councilman Wu requested from the Athens Services representatives clarifications to questions and comments brought forth by the speakers. Council discussion ensued in lengthy discussion on various aspects of the proposed adjustment to residential and commercial solid wat rates with Mr. Clifford and Mr. Warner which included (not all topics noted) difference of fees in West Covina and neighboring cities, city services, sponsored events, Assembly Bill requirements, transparency of franchise fees, reduction of fees when gas prices are lowered, recycling revenues, senior citizens discount program, tipping fees at San Bernardino landfill vs. that of Puente Hills landfill, average costs per hour for hauling truck and related costs such as driver and miles to landfill, reported alleged price fixing, violation of contract by not implementing CPI fee increases since 2013 as described in the contract, impact if fees not being increased tonight, elimination of evergreen contract, Athens foresight of the closure of the Puente Hills landfill, Athens justification of rate increase and obligation of CPI rate increase. Motion by Warshaw and seconded by Johnson to approve the 10th Amendment and Settlement Agreement with Athens Services as presented with rate increase. Motion carried 4-1 by the following vote: AYES: Johnson, Spence, Warshaw, Wu NOES: Toma ABSENT: None Motion by Spence and seconded by Johnson to return the one time up-front Franchise Fee payment of $650,000 upon signing of a the 10 th Amendment and Settlement Agreement with Athens Services which will be paid by Athens Services back to the rate payers. City Manager Freeland requested the request be delayed to a future City Council meeting due to previous discussions of the $650,000 upon the approval of the 10th Amendment and Settlement Agreement be included as revenue in the next year's budget and to allow for public comment. Councilman Johnson withdrew his second upon further community input and Couneilman Spence's motion dies by lack of second. Motion by Toma and seconded by Warshaw for staff to return with a date to initiate a process to terminate evergreen clause of the Athens Services agreement. City Attorney Barlow stated both returning the $650,000 Franchise Fee returned to rate payers and initiating a process to terminate the evergreen clause will be agendized for a subsequent City Council meeting. 10) California Building Codes and California Fire Code Ordinance Introduction - Public Hearing It is recommended that the City Council introduce the following Ordinance: ORDINANCE NO. 2302 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II. IV, VI, 9 Tuesday November 01, 2016 AND VII; CHAPTER 9, ARTICLE I; AND CHAPTER 10, ARTICLE II OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 2016 EDITION OF THE CALIFORNIA BUILDING CODE, 2016 CALIFORNIA RESIDENTIAL CODE, 2016 CALIFORNIA MECHANICAL CODE, 2016 CALIFORNIA PLUMBING CODE, 2016 CALIFORNIA ELECTRICAL CODE, 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2016 CALIFORNIA ENERGY CODE, AND 2016 CALIFORNIA FIRE CODE Mayor Toma introduced the Public Hearing matter, Assistant City Clerk Butler verified proper legal notice was given and Mayor Toma opened the Public Hearing. Building Official Tang presented the staff report. Council questions and discussion included availability and of Building Codes and Fire Codes and effective date of new codes and requirement of sprinkler in family homes. Assistant City Clerk announced that there were no written protests, objections or comments received concerning the West Covina Building Standards Code, the 2016 Edition of the California Building Code and the 2016 California Fire Code; or other various codes. Mayor Toma opened the Public Testimony period. There was no one wishing to speak, therefore Mayor Toma closed the Public Testimony period. Motion by Warshaw and seconded by Wu to waive further reading of the Ordinance, approve as presented and introduce Ordinance No. 2302. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Warshaw, Wu, Toma NOES: None ABSENT: None DEPARTMENTAL REGULAR MATTERS FINANCE DEPARTMENT 11) Update on State Controller's Review Report of Administrative and Internal Accounting Controls and the Audit Report of the Special Gas Tax Street Improvement Fund, Traffic Congestion Relief Fund, and Proposition 1B Fund It is recommended the City Council receive and file the update on the State Controller's Review Report of Administrative and Internal Accounting Controls and the Audit Report of the Special Gas Tax Street Improvement Fund, Traffic Congestion Relief Fund, and Proposition 1B Fund. Finance Director Buhagiar presented the staff report and a PowerPoint presentation. Council questions and discussion included projected final completion date for all findings to be considered complete and current percentage completed, 10 Tuesday November 01, 2016 Motion by Spence and seconded by Warshaw to receive and file the report as presented. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Warshaw, Wu, Torna NOES: None ABSENT: None SUCCESSOR AGENCY Mayor Toma recessed the City Council meeting at 11:35 p.m. to convene the Successor Agency meeting. The City Council meeting reconvened at 11:37 p.m. with all members present. MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN TONY WU 12) City's Policy on Issuance of City Council Commendations It is recommended that the City Council direct staff accordingly. Councilman Wu presented a brief overview requesting that Councilmembers have an individual certificate they can present. Council discussion included support of an individual Councilmember certificate with the approval of the Mayor or the City Council prior to the issuance of an individual certificate, timeliness of procuring the Mayor's or Council approval before an events, promoting the city with a certificate presentation, distinction between individual certificate and individual certificate and whether a mayor certificate is individual or on behalf of the City. Motion by Wu and seconded by Johnson to allow a certificate presentation by an individual Councilmember. Motion failed 2-3 by the following vote: AYES: Johnson, Wu NOES: Spence, Warshaw, Toma ABSENT: None Motion by Warshaw and seconded by Johnson to allow certificates to be presented by individual Councilmembers with the approval of the Mayor or a majority of the City Council. Motion carried 4-1 by the following vote: AYES: Johnson, Warshaw, Wu, Toma NOES: Spence ABSENT: None AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall snake a brief report or file a written report on any meeting/event/conference attended at City expense.) 11 Tuesday November 01, 2016 Councilmen Spence, Johnson and Mayor Toma reported on their attendance at the Council of Governments (COG) summit 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.) MAYOR JAMES TOMA 13) Request on the Current Approval Process for Retail Liquor Sales in West Covina and Potential Alternatives It is recommended that the City Council direct staff accordingly. Mayor Toma presented a brief overview of his request of having liquor store permits approved through the conditional use permit process which would require approval by the Planning Commission. Councilman Spence expressed concern the conditional use permit process would politicize the process with elected official making the decisions of who would or would not be able to obtain a liquor store permit. Motion by Toma and seconded by Johnson to initiate a Code Amendment to consider requiring a conditional use permit process to approve liquor stores by adopting Resolution No. 2016-82 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATINGCODE AMENDMENTNO. 16-07 T CONSIDER REQUIRING DESCRETIONARY APPROVAL FOR OFF-SLAB ALCOHOL USES." Motion carried 4-1 by the following vote: AYES: Johnson, Warshaw, Wu, Toma NOES: Spence ABSENT: None CITY COUNCIL COMMENTS .Councilman Johnson announced a neighborhood watch meeting in the north side of the city beginning December 10, 2016, to be held at Monte Vista School between the hours of 10:00 a.m. and 12:00 p.m. and to continue to be held every three months. Mayor Pro Tern Warshaw commented on the Hurst Ranch Harvest Festival recently held and thanked all of volunteers to make the event a success. Councilman Wu commented on his attendance at an EEI event and commented on the employee Halloween event as a great event and great for employee morale. 12 Assistant CityClerk' • tr. -1 Rosalia.N.-Btillei,-TvIMC Tuesday November 01, 2016 Mayor Toma commented on the Hurst Ranch Harvest Festival, Friends of West Covina K9 fundraiser event, Congresswoman Napolitano's Military Academy Day, the Red Ribbon Rally, thanked the Community Services staff for the many citywide Halloween events, and commented on his attendance at the 35 th Annual Japanese drumming group event. Councilman Spence announced the opening of Food Hub on November 11, 2016. ADJOURNMENT Mayor Toma adjourned the meeting at 11:59 p.m. 13