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03-21-2017 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 21, 2017, 6:30 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES Mayor Warshaw called to order the regular closed session meeting of the West Covina City Council at 6:32 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina, California. ROLL CALL Present: Mayor Corey Warshaw, Mayor Pro Tern Mike Spence Councilmen Lloyd Johnson, James Toma, Tony Wu Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City Manager Laura Minnich, Human, Resources Director Tom Bokosky, Assistant Fire Chief Bart Brewer PUBLIC COMMENTS ON ITEMS ON THE AGENDA None CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(3) Number of Cases: One (1) ROsalia,A. Butler,'MMC Astant City Cle'rk . 1 1 . \ Tuesday March 21, 2017 CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Bokosky, Hall Barlow Employee Organizations - Confidential Employees - Maintenance & Crafts Employees W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, Local 3226 Unrepresented Employee Group - Department Eleads ADJOURNMENT Mayor Warshaw adjourned the meeting at 7:01 p.m. Submitted by: - General Employees - Mid-Management Employees - W.C. Police Management Association Corey WAshaw Mayor 2 CITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 21, 2017, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER — Mayor Corey Warshaw called the meeting to order at 7:10 p.m. INVOCATION — Led by Associate Pastor Stephen Ichiriu from Faith Community Church PLEDGE OF ALLEGIANCE — Led by Councilman Lloyd Johnson ROLL CALL Present: Mayor Corey Warshaw, Mayor Pro Tern Mike Spence Councilmen Lloyd Johnson, James Toma, Tony Wu Staff present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Finance Director Christa 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, and Assistant City Clerk Rosalia A. Butler. REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(3) Tuesday March 21, 2017 Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Bokosky, Hall 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 no reportable action was taken during closed session, however the Council did provide direction. CHANGES TO THE AGENDA City Manager Freeland announced that there are no changes. PRESENTATIONS Mayor Warshaw introduced Torn Carter, General Manager of Penske Mercedes-Benz, and recognized them for their contribution to the Shop Local After School Program who then presented West Covina Unified School District representative with a $5,000 donation for their after school programs. Adjournment Motions Councilman Johnson requested to adjourn tonight's meeting in memory Rosalyn Haggai. ORAL COMMUNICATIONS - Five (5) minutes per speaker Vickie Scheliga and Jake Chik, representing the West Covina Lions, addressed the upcoming 'Night on the Town' event to be held on Wednesday May 24, 2017 at Edwards Cinema and requested the City's co-sponsorship. Daniel Luevanos, One Legacy ambassador, spoke on organ donation and the gift of life and announced April as Donor Awareness Month and the 15th annual Donate Life run/walk to be held on April 29, 2017 at Cal State Fullerton campus. Lisa Mayo, West Covina resident, thanked Councilman Toma for coming to the West Covina Woman's Club meeting and speaking on City events. 2 Tuesday March 21, 2017 Rainbow Young, representing the South Coast Air Quality Management District (AQMD), introduced herself as the City of West Covina's representative. An Ruiz, representing Assemblywoman Blanca Rubio, introduced himself and gave a brief overview of recent actions the Assemblywoman has taken. Fredrick Sykes, West Covina resident, expressed concerns with the mindset of the City Council as not promoting a heathy and safe environment and spoke in opposition to the appeal of Dunkin Doughnuts at the South Hills Plaza. City Manager Freeland responded to comments from the speakers. CONSENT CALENDAR All matters listed under CONSENT CA LEIVDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) December 6, 2016 Closed Session Meeting Minutes December 6, 2016 Regular City Council Meeting Minutes December 6, 2016 Regular Successor Agency Meeting Minutes December 13, 2016 Special Closed Session Meeting Minutes Motion by Torna and seconded by Johnson to receive and file. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None CLAIMS AGAINST THE CITY 2) Government Tort Claim Denial It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: Olga Bravo vs. The City of West Covina Jovo Castelan vs. The City of West Covina Perla Castelan vs. The City of West Covina Daniel Castelan vs. The City of West Covina Carlos Cordova vs. The City of West Covina Kasey Rios vs. The City of West Covina 3 Tuesday March 21, 2017 Motion by Toma and seconded by Johnson to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None ORDINANCES FOR ADOPTION 3) Ordinance Amending West Covina Municipal Code Regarding Restriction of Campaign Contributions by City Contractors, Subcontractors, and Vendors doing Business with the City, and Entitlement Applicants It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2312 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE VIII OF THE WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTIONS BY CONTRACTORS, SUBCONTRACTORS, VENDORS AND APPLICANTS FOR ENTITLEMENT Councilman Wu and Mayor Pro Tern Spence voiced their dissenting vote. Motion by Toma and seconded by Johnson to approve as recommended. Motion carried 3-2 by the following vote: AYES: Johnson, Toma, Warshaw NOES: Spence, Wu ABSENT: None COMMUNITY SERVICES DEPARTMENT 4) Award of Bid for Design & Print of Discover City Newsletter & Community Recreation Guide It is recommended that the City Council authorize the City Manager to execute a one (1) year agreement with three (3) one-year renewal options with The Sauce Creative Services to provide design and print services for the Discover City Newsletter & Community Recreation Guide in the amount of $51,055.12 per year, not to exceed $204,220.48 for the four years. This item was removed from the Consent Calendar by Councilman Wu. Community Services Director Bresiani presented a brief staff report. Council discussion included pros and cons of hi monthly vs. quarterly publications, and bid process and scoring. 4 Tuesday March 21, 2017 Motion by Wu and seconded by Toma to approve as recommended. Motion carried 4-1 by the following vote: AYES: Johnson, Toma, Wu, Warshaw NOES: Spence ABSENT: None HUMAN RESOURCES 5) Approval of Information Technology Analyst I/II Job Classification It is recommended that the City Council take the following actions: 1. Approve a new Job Classification for Information Technology Analyst I/II; and 2. Replace the Computer Systems Administrator position with the Information Technology Analyst I/1I position in Finance. Motion by Toma and seconded by Johnson to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 6) Appeal of Precise Plan No. 15-05, Conditional Use Permit No. 16-08 and Variance No. 16-52 to Remodel a 5,430-Square Foot Building and add a Drive-Through at South Hills Plaza It is recommended that the City Council hear the appeal from the denial of Precise Plan No. 16-05, Conditional Use Permit No. 16-08, and Variance No. 16-52, and adopt the appropriate resolutions. Mayor Warshaw introduced the Public Hearing matter, Assistant City Clerk Butler verified proper legal notice was given and Mayor Warshaw opened the Public Hearing. Mayor Warshaw announced that due to the number of speaker cards, the speaking time will be limited to three minutes per speaker. RECESS — Mayor Warshaw called for a recess at 8:02 p.m. to allow staff to deal with technical difficulties. The City Council reconvened at 8:12 p.m. with all Councilmembers present. 5 Tuesday March 21, 2017 Planning Director Anderson presented the staff report and a PowerPoint presentation. Council questions included queuing study of drive thru, Planning Commission findings with precise plan, use without drive-thru, and police and fire department review for concerns. Mayor Warshaw opened the public testimony period and announced that the applicant would speak first and be allowed 15 minutes. Wei Huang, applicant representing LTG South Hills, LLC, presented a PowerPoint presentation of the proposed project; requested the City Council overturn the Planning Commission's denial of January 24, 2017 and approve the Planning Department's recommended approval of the precise plan, conditional use permit and administrative use permit as presented at the December 13, 2016 Planning Commission meeting; stated there was no substantial evidence supporting the Planning Commission's denial findings; and presented evidence of community support. Josie Lee, Jeff Wang, Daniel Firtel, Dapeng Zhang, Christine Morton, Jim Vasconeellos, Steven Murray, Joana Irma, Hugo Guzman, John Drachman, Eric Becker, Miguel Paredes, Les Van Exel, Nevin Zhang, and Cervantes Lee spoke in favor of the appeal (in opposition to Planning Commission denial) citing competition good for business, revitalization of the center, convenience of a drive-thru, creation of jobs and a enticement to additional businesses. Steve Herfert, Robert Kirk, Barbara Shepherd, Ken Jacobs, Debra Kruger, Dana Sykes, Sean Yam, Leslie Martel, Hector Martel, Lester Leufrox, Dean Jones, James Sutanto, Tom House, Bill Cumming, Don Carman, Tom O'Donnell, Lisa Mayo, Kenny Taing, and Sing Yam spoke in opposition to the appeal (supports Planning Commission denial) citing parking issues, putting Rainbow donuts out of business, support of small businesses, and traffic issues. RECESS - Mayor Warshaw recessed the City Council meeting at 10:31 p.m. and reconvened the City Council meeting at 10:43 p.m. with all Councilmembers present. Wei Huang, applicant representing LTG South Hills, LLC, presented rebuttal comments and spoke in support of Rainbow Donuts and stated each business will attract different clientele, both Rainbow and Dunkin Donuts will succeed, stated queuing and parking studies had been conducted, and there is no request to shut down Rainbow as many speakers alluded to. Brian Marchetti, of KOA Corporation, consultant who prepared the queuing analysis, presented an overview of the queuing, parking, and traffic studies and responded to questions from Council regarding studies. Coby Sonenshine, President of Prell Restaurant Group, LLC, operator of Dunkin Donuts, addressed the studies and responded to questions from Council regarding site location and drive-thru as a condition of the lease agreement. Council engaged in lengthy questions/discussion with Ms. Huang, Mr. Marchetti, Mr. Sonenshine and staff regarding various aspects of the design of the project, drive-thru, surveys and studies done, 6 Tuesday March 21, 2017 Planning departments opinion of design, parking lot entrances/exits, and traffic exiting onto Azusa Ave. from drive-thru Councilmembers made closing remarks regarding the project with Couneilmember Toma stating he would not support. Motion by Johnson and seconded by Wu approve the appeal and adopt: 1) Resolution No. 2017- 10 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURING THE DECISION OF THE PLANNING COMMISSION AND APPROVING PRECISE PLAN NO. 16-05 ON APPEAL OF PLANNING COMMISSION ACTION", 2) Resolution No. 2017-11 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTRUNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. 16-08 ON APPEAL OF PLANNING COMMISSION ACTION,: and 3) Resolution No. 2017-12 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ADMINISTRATIVE USE PERMIT NO. 16-52 ON APPEAL OF PLANNING COMMISSION ACTION." Motion carried 4-1 by the following vote: AYES: Johnson, Spence, Wu, Warshaw NOES: Toma 'ABSENT: None RECESS — Mayor Warshaw recessed the City Council meeting at 12:02 a.m. and reconvened the City Council meeting at 12:05 a.m. with all Councilmembers present. City Manager Freeland stated he will defer the discussion of traffic and safety issues at the South Hills Plaza exit onto Azusa Avenue to the Traffic Committee for review. MAYORJCOUNCILMEMBERS REPORTS None AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Counciltnembers shall fnake a brief report or file a written report on any meeting/event/conference attended at City expense.) Mayor Pro Tern Spence reported that he along with Councilmernbers Johnson and Toma attended the Industry Manufacturers Council meeting with Supervisor Solis. Mayor Warshaw inquired into how cities receive Measure 1-1 funds and City Manager Freeland stated cities may be able to receive Measure H funds through grants. Councilmember Toma also reported on his attendance at a COG Energy and Environment Policy Committee in which the County gave a presentation on Measure A. 7 — ROsalia Butler,\MMC --it , • Assistant ,City Clerk : n Tuesday March 21, 2017 Mayor Warshaw reported on his attendance at a conference in Washington DC as a member of the Foothill Transit Executive Board. CITY COUNCIL COMMENTS None ADJOURNMENT Mayor Warshaw adjourned the meeting at 12:11 a.m. 8