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06-06-2017 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 06, 2017, 6:00 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 6:00 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 Tom, Tony Wu Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City Manager Laura IVtinnich, Human, Resources Management Analyst Eva Sahagun, Assistant Police Chief Doug Murray, D. Spradling, K. Plunkett, D. Barwald, and A. Mendoza. PUBLIC COMMENTS ON ITEMS ON THE AGENDA None CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: APN: 8474-003-940 & 8474-003-918 Tuesday June 06, 2017 Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: Starwood Capital and Foothill Transit Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Charles Yee vs. City of West Covina (U.S. District Court Case No. CV16-02233-JVS) Matt Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-MRW) Freeman, et al. vs. city of West Covina (U.S. District Court Case No. 2:17-cv-03738) Arthur Ewing vs. City of West Covina — Workers' Compensation Appeals Board Pomona (Case No.'s ADJ10419093, ADJ10418405) Irene Meza vs. City of West Covina — Workers' Compensation Appeals Board Van Nuys (Case No. ADJ10124166) Sam Ling vs. City of West Covina — Workers' Compensation Appeals Board Van Nuys (Case No. ADJ9493090) 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 REPORTING OUT None . 2 Tuesday June 06, 2017 ADJOURNMENT Mayor Warshaw adjourned the meeting at 7:12 p.m. Submitted by: Rosalia A. Buffer, MMC Assitarit City Clerk Corey Warshaw Mayor 3 CITY OF WEST COVINA CITY COUNC1L/SUCCESSSOR AGENCY TUESDAY JUNE 06, 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 7:15 p.m. INVOCATION — Led by Reverend Nobuko Miyoshi from the West Covina Buddhist Temple 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, Community SerVices Director Nikole Bresciani, Deputy City Manager Laura Minnick, Planning Director Jeff Anderson, Public Works Director Delfino "Chino" Consunji, Fire Chief Larry Whithom, and Assistant City Clerk Rosalia A. Butler. REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN: 8474-003-940 & 8474-003-918 Agency Negotiator: Freeland, Hall Barlow Tuesday June 06, 2017 Negotiating Parties: Starwood Capital and Foothill Transit Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code 54956.9(d)(1) Charles Yee vs. City of West Covina (U.S. District Court Case No. CV16-02233-JVS) Matt Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-MRW) Freeman, et al. vs. city of West Covina (U.S. District Court Case No. 2:17-cv-03738) Arthur Ewing vs. City of West Covina — Workers' Compensation Appeals Board Pomona (Case No.'s ADJ10419093, ADJ10418405) Irene Meza vs. City of West Covina — Workers' Compensation Appeals Board Van Nuys (Case No. ADJ10124166) Sam Ling vs. City of West Covina — Workers' Compensation Appeals Board Van Nuys (Case No. ADJ9493090) 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 direction was given on the item discussed in closed session that no reportable action was taken and there is nothing further to report. CHANGES TO THE AGENDA City Manager Freeland requested that Item 416, West Covina Citywide Lighting and Maintenance District Public Hearing, a Proposition 218 hearing requiring the tabulation of ballots, be moved forward to follow Presentations. PRESENTATIONS • Recognition of the Edgewood High School Academic Decathlon Team for making it to the National Championships three years in a row. 2 Tuesday June 06, 2017 • Recognition of Edgewood High School for being awarded the Gold Distinguished Award for Academics by the California Department of Education. • Recognition of Edgewood High School Boys Swim Team for achieving their third consecutive League Champion title. • Recognition of Edgewood High School Girls Softball Team for being this year's League Champions. • A Proclamation proclaiming June 14, 2017 as the United States Army 242 nd birthday was presented to U.S. Army Staff Sergeant Alfred Gernon. RECESS- Mayor Warshaw recessed the City Council meeting at 7:40 p.m. and reconvened the meeting at 8:09 p.m. with all Councilmember present. Adjournment Motions Mayor Warshaw requested to adjourn the meeting in memory of Katherine Jones, long time resident of West Covina, mother of Human Resources Commissioner Ian Jones. Item #16 was move forward under Changes to the Agenda. HEARINGS PUBLIC HEARINGS 16) West Covina Citywide Lighting and Maintenance District Public Hearing It is recommended that the City Council take the following actions: 1. Conduct the public hearing to receive public input on the proposed assessment for the Citywide Lighting and Maintenance District; and 2. Direct staff to tabulate the ballots this evening to determine if a majority protest against the proposed changed assessment exist; and 3. Adopt either RESOLUTION NO. 2017-52, RESOLUTION NO. 2017-53 or RESOLUTION NO. 2017-54 depending on the vote of the majority protest. Mayor Warshaw introduced the Public Hearing matter, Assistant City Clerk Butler verified proper legal notice was given and Mayor Warshaw opened the Public Hearing. City Attorney Barlow presented on overview of the procedures for property owners voting on the assessment as required by law, and stated ballots will be accepted through the close of the Public Hearing followed by tabulation of the ballots will be conducted in the Community Room. Public Works Director Consunji presented the staff report. Assistant City Clerk Butler announced that three written letters of protest were received in the City Clerk's Office. 3 Tuesday June 06, 2017 Mayor Warshaw opened the Public Testimony portion of the hearing. Darlene Rutberg, West Covina resident, spoke in protest to the proposed tax assessment. Patricia Choate, West Covina resident, stated information regarding the hearing was not available on the website. Jay Choate, West Covina resident, spoke in protest to the proposed tax assessment. Sherri Salmans, West Covina resident, spoke in protest to the proposed tax assessment and commented on the trees in Summer Place Village in which the resident must take care of and not the City. Robert Torres, West Covina resident, stated that due to no increase since 1996 an increase is warranted and suggested phasing in the 12% increase and requested a replacement ballot. John Shewmaker, West Covina resident, addressed the tree trimming cycle, and the proposed increase. With no else wishing to speak, Mayor Warshaw closed the public testimony portion of the hearing. Council discussion included how to receive a replacement ballot, clarification that proposed increase would be $6.15 per year and not $50 as implied under public comment, increased maintenance costs due to state mandates, and clarification that the proposed 12% increase is a one- time increase and not yearly. Mayor Warshaw RECESSED the Public Hearing at 8:40 p.m.to allow those who requested a duplicate ballot to obtain those ballots and submit for tabulation and moved to Oral Communication. Mayor Warshaw CONTINUED the public Hearing at 9:03 p.m. Mayor Warshaw asked if there was anyone who wished to submitted or change their property assessment ballot. Mayor Warshaw declared the Public Hearing CLOSED and City Attorney Barlow provided an overview of the ballot tabulation process. Mayor Warshaw RECESSED the Public Hearing at 9:06 p.m. to allow for the tabulation of the ballots and continued with Oral Communications. Mayor Warshaw CONTINUED the Public Hearing at 12:13 a.m. Assistant City Clerk Butler announced the results of the ballots received from property owners as 33% in the affirmative to increase the proposed assessment for the Citywide Lighting and Maintenance District as recommended and 67% in opposition to increasing the assessment for the Citywide Lighting and Maintenance District. 4 Tuesday June 06, 2017 City Attorney Barlow announced that with a majority of the vote in opposition, the Council may either increase the assessment by voter approved rates for Citywide District of not more than 2% based on the Consumer Price Index (CPI) or maintain rates at their current level and impose no assessment increase. Motion by Spence to adopt Resolution No. 2017-54 for rates to be maintained at their current level with no assessment increase. Motioned failed due to lack of second. Motion by Warshaw and seconded by Johnson to increase the assessment by 2% based on CPI and adopt Resolution No. 2017-53 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALFIRNIA, FINDING THAT THIS ACTION IS STATUTORILY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO SECTION 15273 OF THE GUIDELINES, CONFIRMING THE ENGINEER'S SREPORT AND THE PLANS, SPECIFICATINS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER STREET REES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITIYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, AND FIXING THE ASSESSMENTS FOR THE FISCAL YEAR 2017-2018 IN THE AMOUNT BASED ON THE EXISTING FISCAL YEAR 2016-2017 ASSESSMENT RATES WITH A 2.0%CONSUMER PRICE INDEX BASED ASSESSMENT INCREASE." Motion carried 4-1 by the following vote: AYES: Johnson, Toma, Wu, Warshaw NOES: Spence ABSENT: None Mayor Warshaw CONTINUED with Public Hearing No. 20. ORAL COMMUNICATIONS - Five (5) minutes per speaker Eugene Wong, West Covina resident, address marijuana and drinking activity at Shadow Oak Park after 9:00 p.m. Primo Castro, representing the American Cancer Society Cancer Network, requested the Council to ban designated smoking areas in City parks. Dana Sykes, West Covina resident, spoke in support of no designated smoking areas in parks, addressed the traffic impacts of the proposed Singpoli project and commended the graffiti abatement staff. Adriana Aylion, West Covina resident, opposed the sale of property as identified in Item #10, supported, opposed designated smoking areas in city parks, and addressed the lack of maintenance of the park restrooms. 5 Tuesday June 06, 2017 Valerie Munoz, Mayor of the City of La Puente, representing the San Gabriel Basin Water Quality Authority, stated her availability and her commitment to the cities she represented and invited the City Council to attend a tour and see the various clean-up activities at the Water Quality Authority on Monday July 17,2017 at 10:30 a.m. Claudia Goytia, West Covina resident and representing the American Heart Association, spoke in support of the San Gabriel Valley Greenway Network, supports smoke free parks, and requested Council consider the negative impacts of the proposed development by Singpoli. Robert Tones, West Covina resident, spoke in support of the San Gabriel Valley Greenway Network, spoke in support of the Council supporting the San Gabriel Valley Council of Governments regarding Measure H funding, requested the City provide a GIS application on their website to assist residents with the creation of voting district boundaries, opposed smoking in public parks, and the parks needs assessment plan. Shahrzad Shishegar, West Covina resident, spoke in support of the San Gabriel Valley Greenway Network and supported banning of smoking in parks. Mayor Warshaw RECESSED Oral Communications at 9:03 p.m. and returned to Item #16, Public Hearing regarding Citywide Lighting and Maintenance Districts. Mayor Warshaw CONTINUED with Oral Communications at 9:06 p.m. Elsie Messman, West Covina resident, addressed the City's finances, thanked Police Chief Faulkner and staff for their work, congratulated City Treasurer Rozatti for being recognized by the West Covina High School, addressed various budget issues. Forrest Wilkins, West Covina resident, spoke on the closure of the City's pool at Edgewood and ways to raise funds to keep the pool open. Carolyn Arndt, West Covina resident, addressed the importance of swimming programs and announced upcoming event highlighting the West Covina Library. Council Member Wu left the dais at 8:20 p.m. Jim Grivich, West Covina resident, spoke as a member of the audit Committee and the use of financial resources and opposed to the San Gabriel Valley Greenway network as proposed on the agenda Phil Kaufman, West Covina resident, addressed designated smoking areas in City parks and the San Gabriel Valley Greenway Network. Alisha Lopez, representing the Covina Tobacco Prevention Coalition and Dayone, spoke in support of smoke free parks and in support of the San Gabriel Valley Greenway Network. Jessica Gonzales, West Covina resident, spoke in support of smoke free parks and spoke in support of the San Gabriel Valley Greenway Network. 6 Tuesday June 06, 2017 Lola Finely, West Covina resident, addressed the closure of the aquatics program, several concerns at Shadow Oak Park, sale of property to Singpoli Group LLC, and agendized Councilmember reports opposing Assembly and Senate bills. Trudy Saltmarsh, West Covina resident, spoke in opposition to designated smoking areas in City parks. Cathi Hilario-Alvarado, West Covina resident, addressed the progression of speeding in her neighborhood and the suggestion of speed bumps or speed postings. Wen Wen Zhang, West Covina Library Manager, announced library events. Heidi Freeman, West Covina resident, addressed the sale of property to the Singpoli Group and lack of community information. Andrew Yip, representing Bike San Gabriel Valley, spoke in support of San Gabriel Valley Greenway Network. Brian Jobst, West Covina resident, addressed the sale of property to the Singpoli Group and lack of input from the community. Herb Redholtz, West Covina resident, spoke in support of no smoking in all City parks. Lynn Bubbert, West Covina resident, spoke in support of no smoking in city parks, and Addressed the proposed sale of land to the Singpoli Group. John Shewmaker, West Covina resident, addressed the sale of Successor Agency property to the City, smoking in the parks, and bike paths. Fredrick Sykes, West Covina resident, addressed emergency and no-emergency phone numbers to contact West Covina Police Department and dispatch, smoking in the parks, sale of Successor Agency property located in the BKK area and the San Gabriel Valley Greenway Network. Jefferson DeRoux, West Covina resident, addressed an incident with a phone call to police dispatch in regards to an issues at the high school, and lack of police department personnel and response time. RECESS — Mayor Warshaw recessed the City Council meeting at 10:25 p.m. and reconvened the City Council meeting at 10:42 p.m. with all councilmembers present. City Manager Freeland staff responded to speaker's comments. 7 Tuesday June 06, 2017 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) 1) -February 21, 2017 Regular Closed Session Meeting Minutes -February 21, 2017 Regular City Council/Public Financing Authority Meeting Minutes -March 7, 2017 Regular Closed Session Meeting Minutes -March 7, 2017 Regular City Council/Successor Agency/Housing Authority Meeting Minutes -March 20, 2017 Special Closed Session Meeting Minutes Motion by Johnson and seconded by Warshaw to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Summary of Actions for the Community and Senior Services Commission Meetings It is recommended that the City Council receive and file the Summary of Actions for the Community and Senior Services Commission Meetings of January 10, 2017, and March 14, 2017. Motion by Johnson and seconded by Warshaw to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None CLAIMS AGAINST THE CITY 3) Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: Anabel Gonzalez vs. The City of West Covina Roberto Villatoro vs. The City of West Covina 8 Tuesday June 06, 2017 Motion by Johnson and seconded by Warshaw 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 4) Ordinance No. 2318 Amending Sections 2-50 and 2-51 Regarding Rules of Decorum It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2318 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING WEST COVINA MUNICIPAL CODE SECTIONS 2-50 ("DECORUM-REQUIRED") AND 2-51 ("SAME-ENFORCEMENT OF DECORUM") OF CHAPTER 2 ("ADMINISTRATION"), ARTICLE II ("CITY COUNCIL"), DIVISION 2 ("MEETINGS AND RULES OF PROCEDURE") Motion by Johnson and seconded by Warshaw to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 5) May 17, 2017 Traffic Committee Meeting Minutes It is recommended that the City Council receive and file the minutes of the Traffic Committee meeting held on May 17, 2017. This item was removed from the Consent Calendar by Mayor Pro Tern Spence and inquired into having the "No Right Turn" restriction at Lark Ellen and Cameron exempt during non-school days. It was the consensus of the City Council to have the Traffic Committee review the request at their next meeting in two weeks and return with a report to Council. Motion by Spence and seconded by Warshaw to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None 9 Tuesday June 06, 2017 INVESTMENT REPORT (receive & file) 6) City Investment Report for the Month Ended April 30, 2017 It is recommended that the City Council receive and file the Investment Report for the month ended April 30, 2017. Motion by Johnson and seconded by Warshaw to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Torna, Wu, Warshaw NOES: None ABSENT: None 7) Successor Agency Investment Report for the Month Ended April 30, 2017 It is recommended that the Chair and Board Members of the Successor Agency to the former West Covina Redevelopment Agency, receive and file the Investment Report for the month ended April 30, 2017. Motion by Johnson and seconded by Warshaw to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Tom., Wu, Warshaw NOES: None ABSENT: None CITY MANAGER'S OFFICE 8) San Gabriel Valley Greenway Network It is recommended that the City Council take the following actions: 1. Support the San Gabriel Valley Greenway Network; and 2. Authorize City staff to partner with the San Gabriel Valley Council of Governments, the County of Los Angeles, and other entities in the funding, design, construction, and development of the San Gabriel Valley Greenway Network through West Covina. This item was removed from the Consent Calendar by Mayor Pro Tern Spence. Council discussion included concerns with lack of security plan, no Environmental Impact Report, parking, traffic, lack of notification of possible Council action without notification to the affected residents along the Walnut Creek Wash, and idea is in preliminary stages with no commitment of funding, 10 Tuesday June 06, 2017 Motion by Johnson and seconded by Toma to approve as recommended. Motion carried 3-2 by the following vote: AYES: Johnson, Toma, Warshaw NOES: Spence, Wu ABSENT: None Motion by Spence and seconded by Wu to notify the residents in the area of the Walnut Creek Wash and pathways when City meetings are held regarding this. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None COMMUNITY AND ECONOMIC DEVELOPMENT 9) Long Range Property Management Plan (LRPMP) - Disposition of Agency Parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) to the City of West Covina (BKK Site) It is recommended that the City Council, acting as the Successor Agency, adopt the following resolution to sell three Successor Agency assets (APN's: 8735-002-906, 8735- 002-909, 8735-002-910) to the City of West Covina: RESOLUTION NO. 2017-59 - A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE SALE OF THREE (3) AGENCY PARCELS (APN's: 8735-002- 906, 8735-002-909, 8735-002-910) TO THE CITY OF WEST COVINA It is recommended that the City Council adopt the following resolution to purchase three (3) Agency parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) to the former West Covina Redevelopment Agency: RESOLUTION NO. 2017-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND AUTHORIZING THE PURCHASE OF THREE (3) PARCELS (APN's: 8735-002-906, 8735-002-909, 8735-002-910) FROM THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY This item was removed from the Consent Calendar by Councilman Toma for more information for the benefit of the public. A brief staff report was presented by City Manager Freeland. City Attorney Barlow explained sale process which would also include the approval of the Oversight Board. 11 Tuesday June 06, 2017 Motion by Wu and seconded by Warshaw to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Tom, Wu, Warshaw NOES: None ABSENT: None 10) Long Range Property Management Plan (LRPMP) - Disposition of Agency Asset (APN: 8735-001-912) to Singpoli Group LLC (Singpoli) It is recommended that the City Council, acting as the Successor Agency, take the following actions: 1. Authorize the City Manager, or his designee, to execute a Purchase and Sale Agreement of the Successor Agency asset (APN: 8735-001-912) to Singpoli Group LLC (Singpoli); and 2. Determine that the Project is Categorically Exempt under the California Environmental Quality Act pursuant to 14 California Code of Regulations, sections 15312 (Surplus Government Property Sales) and 15332 (Infill Development); and 3. Adopt the following resolution approving and authorizing the sale of the property: RESOLUTION NO. 2017-61 - A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE SALE OF PARCEL (APN: 8735-001-912) TO THE SINGPOL1 GROUP LLC This item was removed from the Consent Calendar by Councilman Toma for more information for the benefit of the public. A brief staff report was presented by City Manager Freeland, followed by brief discussion by the City Council. Motion by Wu 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 COMMUNITY SERVICES DEPARTMENT 11) Taking a Formal Position Supporting the San Gabriel Valley Council of Governments (SGVCOG) regarding Measure H Funding - Los Angeles County Plan to Prevent and Combat Homelessness 12 Tuesday June 06, 2017 It is recommended that the City Council send a formal letter to the Los Angeles County Board of Supervisors in support of the Sari Gabriel Valley Council of Governments (SGVCOG) regarding Measure H funding - Los Angeles County Plan to Prevent and Combat Homelessness. This item was removed from the Consent Calendar by Councilman Toma and requested to amend the letter to add addition language regarding use of funding for police bike patrol and police services. Community Services Director Bresciani presented an overview of the position of the SGVCOG and Measure H funding. Motion by Johnson and seconded by Toma to approve as recommended with additional language added to Strategy E6. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None FINANCE DEPARTMENT 12) Fiscal Year 2016-17 Budget Amendment It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1,2016 AND ENDING TUNE 30, 2017 (Election Bill) Motion by Johnson and seconded by Warshaw to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None 13) Second Amendment to the Accounting Consulting Services Agreement It is recommended that the City Council authorize the City Manager to execute a second amendment to the Lance, Soil & Lunghard, LLP Professional Services Agreement to expand the scope of services of the Financial Consultant to the City Manager, for an amount not to exceed $75,000. 1.3 Tuesday June 06, 2017 This item was removed from the Consent Calendar by Councilman Wu who stated the importance of the Finance Director position and inquired as to the how the proposed consultant will be beneficial to the City. City Manager Freeland gave a brief overview of the consulting firm and proposed duties. Motion by Wu 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 POLICE DEPARTMENT 14) Authorize the Purchase of Trade-In Hand Guns by West Covina Police Department Officers It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE PURCHASE OF TRADE IN HAND GUNS BY POLICE OFFICERS AND RESERVE POLICE OFFICERS Motion by Johnson and seconded by Warshaw to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None PUBLIC WORKS 15) Lot Line Adjustment No. 193 1116 and 1132 S. Spring Meadow Drive It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 193 LOCATED AT 1116 AND 1132 S. SPRING MEADOW DRIVE AND DIRECTING THE RECORDATION THEREOF Motion by Johnson and seconded by Warshaw to approve as recommended. Motion carried 5-0 by the following vote: 14 Tuesday June 06, 2017 AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 16) West Covina Citywide Lighting and Maintenance District Public Hearing it is recommended that the City Council take the following actions: 1. Conduct the public hearing to receive public input on the proposed assessment for the Citywide Lighting and Maintenance District; and 2. Direct staff to tabulate the ballots this evening to determine if a majority protest against the proposed changed assessment exist; and 3. Adopt either RESOLUTION NO. 2017-52, RESOLUTION NO. 2017-53 or RESOLUTION NO. 2017-54 depending on the vote of the majority protest. This item was moved forward and heard before Oral Communications. 17) West Covina Citywide Sewer Service Charge Public Hearing It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE RATE AND AUTHORIZING THE COLLECTION OF THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL Mayor Warshaw introduced the Public Hearing matter, Assistant City Clerk Butler verified proper legal notice was given and Mayor Warshaw opened the Public Hearing. Public Works Director Consunji presented the staff report. _Council questions and discussion included revenue projections and use of funds on needed Capital Improvement Projects. Assistant City Clerk Butler announced that seventeen (17) written letters of were received in the City Clerk's Office. Mayor Warshaw opened the Public Testimony period. There was no one wishing to speak, therefore; Mayor Warshaw closed Public Testimony period. 15 Tuesday June 06, 2017 Council discussion included fees as being moderate as compared to surrounding cities, deferment of maintenance on infrastructure and Capital Improvement Projects, current revenues covering operating budget, increase methodology, past revenue used for ongoing maintenance and need for the replacement of a portion of the sewer main with revenues from projected revenues. Motion by Toma and seconded by Johnson to approve as recommended. Motion carried 4-1 by the following vote: AYES: Johnson, Toma, Wu, Warshaw NOES: Spence ABSENT: None Items 418 and #19 were heard out of order. 19) West Covina Landscape Maintenance District No. 6 Public Hearing It is recommended that the City Council adopt the following resolution, which provides for assessment rates in Landscape Maintenance District No. 6 to be maintained at their current levels: RESOLUTION NO. 2017-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING LANDSCAPING MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 2017 Mayor Warshaw introduced the Public Hearing matter, Assistant City Clerk Butler verified proper legal notice was given and Mayor Warshaw opened the Public Hearing. Public Works Director Consunji presented the staff report. Council questions included whether the hillside area in need of clean-up is encompassed within Maintenance District 6 and funds can be used for clean-up, and budgeting of Capital Improvement Project within the District (i.e. drought tolerant plants), and whether there are supplemental fees of residents for hillside clean-up. Assistant City Clerk Butler, stated that no written protests or objections were received. Mayor Warshaw opened the Public Testimony period. Robert Trevino, West Covina resident, addressed the City Council regarding hearing procedures. There was no one else wishing to speak, therefore; Mayor Warshaw closed Public Testimony period. 16 Tuesday June 06, 2017 Motion by Johnson and seconded by Wu to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None 18) West Covina Landscape Maintenance District No. 4 Public Hearing It is recommended that the City Council adopt the following resolution, which provides for the assessment rates in Landscape Maintenance District No. 4 to be maintained a their current levels: RESOLUTION NO. 2017-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 2017 Mayor Warshaw introduced the Public Hearing matter, Assistant City Clerk Butler verified proper legal notice was given and Mayor Warshaw opened the Public Hearing. Public Works Director Consunji presented the staff report. Assistant City Clerk Butler stated that no written protests or objections were received. Mayor Warshaw opened the Public Testimony period. There was no one wishing to speak, therefore; Mayor Warshaw closed Public Testimony period. 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 Mayor Warshaw CONTINUED with Item 416, West Covina Citywide Lighting and Maintenance District Public Hearing, at 12:13 p.m. 20) West Covina Landscape Maintenance District No. 7 Public Hearing It is recommended that the City Council adopt the following resolution, which provides for the assessment rates in Landscape Maintenance District No. 7 to be maintained at their current levels: 17 Tuesday June 06, 2017 RESOLUTION NO. 2017-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING LANDSCAPING MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1,2017 Mayor Warshaw introduced the Public Hearing matter, Assistant City Clerk Butler verified proper legal notice was given and Mayor Warshaw opened the Public Hearing. Public Works Director Consunji presented the staff report. Council questions regarded the scope of basic maintenance. Assistant City Clerk Butler stated that no written protests or objections were received. Mayor Warshaw opened the Public Testimony period. There was no one wishing to speak, therefore; Mayor Warshaw closed Public Testimony period. Motion by Johnson and seconded by Wu to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 21) Community Participation Plan for the Creation of District Boundaries for District Based City Council Elections It is recommended that the City Council approve the Community Participation Plan regarding the creation of City Council District boundaries for District based City Council elections. City _Attorney Barlow presented .the. staff report. Council questions and discussion included school district boundaries, interactive mapping with residents, and community meetings vs. City Council public hearing. Motion by Toma and seconded by Johnson to approve as recommended. Motion carried 4-1 by the following vote: AYES: Johnson, Spence, Tom, Warshaw NOES: Wu 18 Tuesday June 06, 2017 ABSENT: None COMMUNITY SERVICES DEPARTMENT 22) Designated Smoking Areas in Parks It is recommended that the City Council take the following actions: 1. Designate no smoking in all parks due to the cost of installation and enforcement issues for designated smoking areas; and 2. Provide staff direction regarding designated smoking sections at the West Covina Civic Center. Community Service Director Bresciani presented the staff report. Council discussion included inability to find smoking areas in all parks, rights of smokers, enforcement issues, reversing decision to ban smoking in parks with the inability to locate designated smoking areas in all parks, inclusion of e-cigarettes (electronic smoking devises) as smoking, difficulty to enforce state mandated smoking laws, Motion by Warshaw to ban smoking in all parks except for a designated area in the lower level of Shadow Oak Park when the area is upgraded for the parking lot and restrooms. Motion dies due to a lack of a second. Motion by Toma and seconded by Johnson for a complete ban of smoking in all City parks. Motion failed 2-3 by the following vote: AYES: Johnson, Toma NOES: Spence, Wu, Warshaw ABSENT: None Motion by Warshaw and seconded by Toma to ban smoking in all parks except for a designated area in the lower level of Shadow Oak Park when the area is upgraded for the parking lot and restrooms. Motion failed 2-3 by the following vote: AYES: Toma, Warshaw NOES: Johnson, Spence, Wu ABSENT: None Council discussion included previous approval of banning smoking in public parks and current mandated state laws. Mayor Warshaw asked if there was any interest to address smoking areas at the Civic Center. Motion by Toma and seconded by Warshaw to designate smoking areas at the Civic Center as recommended by staff (space between the Library and City Hall and at City Hall behind the elevators on the first floor). Motion carried 4-1 by the following vote: 19 Tuesday June 06, 2017 AYES: Johnson, Torna, Wu, Warshaw NOES: Spence ABSENT: None MAYOR/COUNCILMEMBERS REPORTS MAYOR PRO TEM MIKE SPENCE 23) Request from Mayor Pro Tern Mike Spence for City Council to take a Formal Position Opposing AB 1455 (Bocanegra) - The California Public Records Act: Exemptions It is recommended that the City Council take a formal position opposing AB 1455 (Bocanegra), as well as, direct staff to send a letter to the author and our local legislators. Mayor Pro Tern Spence expressed his opposition to AB 1455 as it decreases transparency. Council discussion included whether communications in negotiations with developers or companies subject to the Public Records Act and lack of record in opposition. Motion by Spence and seconded by Warshaw to formally oppose AB 1455 and to direct staff to send a letter to the author and appropriate legislators. Motion carried 4-0-1 by the following vote: AYES: Johnson, Spence, Wu, Warshaw NOES: None ABSENT: None ABSTAIN: Toma 24) Request from Mayor Pro Tern Mike Spence for City Council to take a Formal Position Opposing SB 268 (Mendoza) - Los Angeles County Metropolitan Transportation Authority It is recommended that the City Council take a formal position opposing SB 268 (Mendoza), as well as, direct staff to send a letter to the author and our local legislators. Mayor Pro Tern Spence requested support to oppose SB 268 as proposed as Los Angeles County cities will lose representation. Motion by Warshaw and seconded by Spence to formally oppose SB 268 and direct staff to send a letter to the author and appropriate legislators. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None 20 4 17 Tuesday June 06, 2017 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 Pro Tern Spence reported on his attendance at the International Council of Shopping Centers (ICSC) conference held in Las Vegas. Mayor Warshaw also reported on his attendance the ICSC conference. CITY COUNCIL COMMENTS Mayor Warshaw thanked staff for promoting Movies in the Park and Summer Concert series on fans and announced the next Audit Committee meeting to be held June 7, 2017 at 4:00 p.m. in the MRC. ADJOURNMENT Mayor Warshaw adjourned the meeting at 1:04 a.m. Corey Warshaw Mayor 21