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06-20-2017 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 20, 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 6:01 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 PUBLIC COMMENTS ON ITEMS ON THE AGENDA Members of the public Carlos Hidalgo, Justin Tinkers Ron Stayer, and Raphael, all representing West Covina Ford addressed the City Council. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: 825 South Sunset Avenue Agency Negotiator: Freeland, Hall Barlow Tuesday June 20, 2017 Negotiating Parties: West Covina Ford Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN: 8724-013-900 & 8724-013-901 Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: Brandywine Homes Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN: 8479-022-013 Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: City of West Covina Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) 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) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(2) Number of Cases: One (1) CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION Pursuant to Government Code § 54956.9(d)(4) Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, 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 Head 2 Mayor Warshaw adjourned the meeting at 7:00 p.m. ft Submittedi-Y" R salia A:Butler:1\4 Mc Assistant City Clerk Tuesday June 20, 2017 REPORTING OUT None ADJOURNMENT 3 CITY OF WEST COVINA CITY COUNCIL/SUCCESSSOR AGENCY TUESDAY JUNE 20, 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 7:14 p.m. INVOCATION — Led by Associate Pastor Jillian Lutes from West Covina Hills Seventh Day Adventist Church PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tern Mike Spence 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 Minnich, Planning Director Jeff Anderson, Public Works Director Delfino "Chino" Consunji, Police Captain Doug Murray, Assistant Fire Chief Mike Fountain, Economic Development and Housing Manager Paulina Morales, and Assistant City Clerk Rosalia A. Butler. REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Tuesday June 20, 2017 Pursuant to Government Code 54956.8 Property: 825 South Sunset Avenue Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: West Covina Ford Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN: 8724-013-900 & 8724-013-901 Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: Brandywine Homes Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: APN: 8479-022-013 Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: City of West Covina Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code 54956.9(d)(1) 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) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code 54956.9(d)(2) Number of Cases: One (1) CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION Pursuant to Government Code S 54956.9(d)(4) Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, 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 2 Tuesday June 20, 2017 - Department Heads City Attorney Barlow reported that no reportable action was taken and there is nothing further to report. CHANGES TO THE AGENDA City Manager Freeland requested that Item #5, Approval of Sixth Amendment to the Street Sweeping Contract between the City of West Covina and Nationwide Environmental Services, be re-scheduled for the July 18, 2017 meeting at the request of Nationwide Environmental Services to allow them addition time to review. PRESENTATIONS Mayor Warshaw with acting Police Chief Doug Murray, recognized Corporal Danny Armas, Corporal Eddie Gomez, Corporal Doug Weischedel, Corporal Stephen McLean, Officer Matt Sevilla, Officer Erich Hoefke, Office Ian Paparro Officer Anthony Huacuja, and Office Chris Quezasa who participated in the Policy Unity Tour which honors fallen officers which took place May 10-12, 2017. Mayor Warshaw with City Treasurer Colien Rozatti, called forward and recognized West Covina Beautiful Art Contest Winners Myriarn Khalil, P t place; Grey Montoya, 2nd place; Allea Hoyo, 3rd place; and Nicola Villa, merit award. Mayor Warshaw along with Susie Perez, Senior Center Recreation Supervisor recognized Beverly Bulthius as the City of West Covina's Outstanding Older American who will also be recognized as the City of West Covina Community Hero at the Los Angeles County Fair on September 21, 2017. Adjournment Motions Mayor Warshaw asked for adjournment motion in which there were none. ORAL COMMUNICATIONS - Five (5) minutes per speaker Wen Wen Zhang, West Covina Library Manager, announced upcoming extended library hours and library events. Carolyn Arndt, West Covina resident, spoke on swimming lessons and pool use at Bainbridge. Forrest Wilkins, West Covina resident, addressed the closure of the aquatics program; agenda item # 12, long range property management plan; and agenda item #15, award of bid for False Alarm Billing service; Dave Stewart, West Covina resident, addressed agenda item #12, long range property management plan; agenda item #15, award of bid for False Alarm Billing service; Charter Communication coverage of city meetings; and elimination of City Commissions. 3 Tuesday June 20, 2017 Herb Redholtz, West Covina resident, spoke in support of the cell tower co-location agreement with Verizon at Shadow Oak Park, and addressed lack of information on the agenda regarding Public Hearing item #18 as to address or appellant. Jessica Gonzalez, West Covina resident, spoke in favor of smoke free parks. Wadah Alhassen, West Covina resident, spoke in support of smoke free parks. Rodrigo Gonzalez, West Covina resident, spoke in support of smoke free parks. Darran Murphy, athletic director at South Hills High School, spoke in support of smoke free parks. Crystal Sanchez, American Lung Association, spoke in support of smoke free parks. Henry Torres, West Covina resident, spoke on the proposed elimination of the Community and Senior Services Commission and the Human Recourses Commission. Elsie Messman, West Covina resident, addressed budget shortfalls, smoking in parks, park lighting, and budget items. Dora Gomez, representing Project 29:11, spoke on the organization's food bank and clothing rack and thanked the City Council for Community Development Block Grant (CDBG) funding and its benefits. Phil Kaufman, West Covina resident, addressed the increased number of coyote sightings, the valued work of the City commissions, effectiveness of no smoking in parks ordinance due to lack of signage, and support to drought tolerant landscaping. Grace Pugh and Sharon Hall, West Covina residents, spoke in support of smoke free parks and addressed the hazards of second hand smoke. Alfred Mata, Baldwin Park resident, spoke in support of smoke free parks. Steven Gallegos, Vice Chair of the Coalition for a Tobacco Free LA County, spoke in support of smoke free parks and addressed hazards of smoking. Fredrick Sykes, West Covina resident, spoke in favor of sub terrain cell towers, addressed the trust of elected offices, suggested background checks of elected officials after taking their oath of office, and supported smoke free parks. Claudia Goytia, West Covina resident, spoke in support of not smoking in parks and the posting of signs. Dana Sykes, West Covina resident, addressed the co-locating of Verizon Wireless at Shadow Oak Park, and supported smoke free parks. 4 Tuesday June 20, 2017 Marisol Tones, West Covina resident, spoke in support of smoke free parks. Robert Tones, West Covina resident, spoke in support of smoke free parks. Norma Ingram, West Covina resident, addressed the environmental impact of an amusement park proposal at the BKK site. Jefferson DeRoux, West Covina resident, spoke in opposition to any revenue generating efforts regarding any commercial sale of marijuana. Lu Arredondo, West Covina resident, spoke in support of smoke free parks, community interaction and the time and work of the commissioners. Nickolas Lewis, West Covina resident, addressed the closure of the pool, enforcement of ban of smoking in city parks, and purpose of possibly eliminating the city commissions. RECESS — Mayor Warshaw recessed the City Council meeting at 8:38 p.m. and reconvened the City Council meeting at 8:46 p.m. with all members present. City Manager Freeland and staff responded to speaker's comments and announced a special City Council meeting on Thursday June 22, 2017 for the consideration of adopting the City's budget for FY 2017-2018. 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) March 21, 2017 Regular Closed Session Meeting Minutes March 21, 2017 Regular City Council Meeting Minutes April 4, 2017 Regular Closed Session Meeting Minutes April 4,2017 Regular City Council/Successor Agency Meeting Minutes Motion by Toma 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 CLAIMS AGAINST THE CITY 2) Rescind Government Tort Claim Denial 5 Tuesday June 20, 2017 It is recommended that the City Council rescind the following Government Tort Claim denial and maintain the denial of Late Claim Application: David Flores vs. The City of West Covina Motion by Toma 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 3) Reject Government Tort Claim of Late Claim Application It is recommended that the City Council reject the following Government Tort Claim of Late Claim Application: Julian Gutierrez vs. The City of West Covina Motion by Toma 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 4) Government Tort Claim Denial It is recommended that the City Council deny the following Government Tort Claim and the claimant be notified: William Crouch vs. The City of West Covina Motion by Toma 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 CITY ATTORNEY'S OFFICE 5) Approval of Sixth Amendment to the Street Sweeping Contract between the City of West Covina and Nationwide Environmental Services It is recommended that the City Council approve the Sixth Amendment to the Street 6 Tuesday June 20, 2017 Sweeping Contract between City of West Covina and Nationwide Environmental Service, subject to City Attorney approval. This item was removed from the agenda by City Manager Freeland and to be re-scheduled for the July 18, 2017 meeting at the request of Nationwide Environmental Services to allow them addition time to review. There was no objection by the City Council. CITY CLERK'S OFFICE 6) Destruction of Documents as Prescribed by Law It is recommended that the City Council adopt the following resolution authorizing the destruction of specific records: RESOLUTION NO. 2017-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW Motion by Toma and seconded by Wu to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Tonia, Wu, Warshaw NOES: None ABSENT: None CITY MANAGER'S OFFICE 7) Request for City Council to take a Formal Position Supporting both H.R. 2355 - Water Infrastructure Flexibility Act as well as H.R. 2510 - The Water Quality Protection and Job Creation Act It is recommended that the City Council take a formal position supporting both H.R. 2355-Water Infrastructure Flexibility Act as well as H.R. 2510 - The Water Quality Protection and Job Creation Act. This item was removed from the Consent Calendar by Mayor Pro Tern Spence who expressed concerns with the proposed use of the funds and subsidizing projects outside of the MS4 Permit. Motion by Toma and seconded by Warshaw approve as recommended. Motion carried 4-1 by the following vote: AYES: Johnson, Toma, Wu, Warshaw NOES: Spence ABSENT: None 7 Tuesday June 20, 2017 8) Award of Contract for Microsoft Enterprise Agreement with SoftvvareOne It is recommended that the City Council take the following actions: 1. Waive formal contract procedures, in accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (i)(2), which states that when successful bidder for a contract with another county, city, special district or other local agency makes the same written bid to the city, and the purchasing officer finds that the other local agency originally obtained the bid pursuant to formal contract procedures at least as rigorous those of the city, that the formal contract procedures may be waived; and 2. Authorize the City Manager, subject to City Attorney approval, to execute a three year agreement with SoftwareOne in the amount of $90,363.25 per year (a total of $271,089.75) to provide a Microsoft Enterprise Agreement for the City of West Covina based on the terms and conditions of the County of Riverside Enterprise Licensing Agreement #01E73970 with Microsoft Licensing GP. Motion by Toma 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 9) Cell Tower Agreement with Crown Castle to Co-Locate Verizon Wireless on their Existing Cell Tower It is recommended that the City Council approve the proposed lease agreement between the City of West Covina and Crown Castle to Verizon Wireless to co-locate on an existing cell tower at Shadow Oak Park. Motion by Toma 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 COMMUNITY AND ECONOMIC DEVELOPMENT .10) Auto Plaza Business Improvement District It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-47 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF CITY OF WEST COVINA TO LEVY ASSESSMENTS WITHIN 8 Tuesday June 20, 2017 THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTIRCT AREA FOR FISCAL YEAR 2017-18, AND PROVIDNG NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JULY 18.2017 Motion by Toma 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 11) Successor Agency to the West Covina Redevelopment Agency Renewal of Professional Services Agreement with Rincon Environmental, LLC It is recommended that the City Council, acting as the Successor Agency to the former West Covina Redevelopment Agency, authorize the Executive Director to execute a one- year agreement renewal to the Professional Services Agreement with Rincon Environmental, LLC in the amount not to exceed $30,000 to provide regulatory compliance services for the Successor Agency properties located at the BKK Landfill. Motion by Toma and seconded by Wu to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Torna, Wu, Warshaw NOES: None ABSENT: None 12) Long Range Property Management Plan (LRPMP) - Disposition of Agency Assets #28 and #29 (APN: 8735-001-933, 8735-001-934) to M&A Gabaee It is recommended that the City Council, acting as the Successor Agency, authorize the City Manager, or his designee, to execute an Exclusive Negotiation Agreement with M&A Gabaee for the Sale of Agency Parcels (APN: 8735-001-933 and 8735-001-934). This item was removed from the Consent Calendar by Councilman Toma who opined the sale as being premature for infrastructure improvements to support future development without any such development plans. Councilman Wu also expressed concerns with the low sell price. City Manager Freeland gave a brief overview of the proposed project followed by discussion. Motion by Spence and seconded by Warshaw to approve as recommended. Motion carried 3-2 by the following vote: AYES: Johnson, Spence, Warshaw NOES: Toma, Wu ABSENT: None 9 Tuesday June 20, 2017 FINANCE DEPARTMENT 13) February 27, 2017, Special Audit Committee Meeting Minutes It is recommended that the City Council receive and file the Minutes of the Special Audit Committee meeting on February 27, 2017. Motion by Tema 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 FIRE DEPARTMENT 14) Amendment to Services Agreement between Regents of the University of CA and the City of West Covina It is recommended that the City Council authorize the City Manager, or his designee, to sign the amendment to the services agreement with the Regents of the University of California, to extend the current contract through June 30, 2018. This item was removed from the Consent Calendar by Councilman Wu for further clarification of the proposed amendment. A brief staff report was presented by Assistant Fire Chief Fountain. Motion by Warshaw 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 POLICE DEPARTMENT 15) Award of Bid - False Alarm Billing Service It is recommended that the City Council authorize the City Manager to execute a three- year contract (with optional renewals for two additional years) for false alarm billing services with PM AM Corporation, subject to City Attorney approval. This item was removed from the Consent Calendar by Councilman Wu who inquired as to the current use of city resources in responding to false alarms and follow up with billing and collection. 10 Tuesday June 20, 2017 Police Captain Murray provided an overview of the current process. Council discussion included explanation of false alarm, number of current billable false alarms, and projected revenue. Motion by Warshaw and seconded by Wu to approve as recommended. Motion carried 4-1 by the following vote: AYES: Johnson, Toma, Wu, Warshaw NOES: Spence ABSENT: None PUBLIC WORKS 16) Adoption of Guidelines and Standards for Drought Tolerant Landscaping and Water-Wise Irrigation in the Public Right-of-Way, City Parks and Facilities Policy It is recommended that the City Council adopt the Guidelines and Standards for Drought Tolerant Landscaping and Water-Wise Irrigation in the Public Right-of-Way, City Parks and Facilities Policy. This item was removed from the Consent Calendar by Mayor Pro Tern Spence who expressed concerns of the implementation costs, followed by brief discussion. Motion by Johnson 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 17) Release of Faithful Performance Guarantee for Administrative Use Permit (AUP) 14-12 (1223 S. Sandy Hill Drive) It is recommended that the City Council accept all on-site and off-site improvements for Administrative Use Permit No. 14-12 located at 1223 S. Sandy Hill Drive and authorize release of Performance Security Assignment of Deposit in the amount of $23,910. Motion by Toma and seconded by Wu to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Torna, Wu, Warshaw NOES: None ABSENT: None END OF CONSENT CALENDAR 11 Tuesday June 20, 2017 HEARINGS PUBLIC HEARINGS 18) Appeal of Tentative Parcel Map No. 72097, Variance No. 13-05, Subcommittee for Design Review No. 17-09, and Mitigated Negative Declaration of Environmental Impact to Subdivide an Existing 1.02-Acre Residentially Zoned Parcel into Two Lots It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2017-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE PARCEL MAP NO. 72097, VARIANCE NO. 13-05, AND SUBCOMMITTEE FOR DESIGN REVIEW NO. 17-09 ON APPEAL OF PLANNING COMMISSION ACTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED RESOLUTION NO. 2017-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE PARCEL MAP NO. 72097 ON APPEAL OF PLANNING COMMISSION ACTION RESOLUTION NO. 2017-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING VARIANCE NO. 13-05 ON APPEAL OF PLANNING COMMISSION ACTION Councilman Wu announced that due to possible conflict of interest he would recuse himself from participating in the public hearing and left the dais and Council Chambers at 9:27 p.m. Mayor Warshaw introduced the Public Hearing matter, Planning Director Anderson verified proper legal notice was given and Mayor Warshaw opened the Public Hearing. Planning Director Anderson presented the staff report. Council questions included whether the project would meet setback requirements if there was access to the property from Quail Valley Road and if owners of Quail Valley Road would give permission for access to proposed second parcel. RECESS — Mayor Warshaw recessed the City Council meeting at 9:49 p.m. and reconvened the City Council meeting at 9:53 p.m. Mayor Warshaw opened the Public Testimony period. 12 Tuesday June 20, 2017 Appellant/Applicant Peter Wang, West Covina resident speaking on behalf of the appellant P.K. Schrieffer LLP, presented concerns with the fire department not having reviewed the subdivision map, meeting code compliance, lack of grading review, need for approval by County Formation Committee, and requested the City Council to revoke Planning Commission decision and approval the appeal if they felt the Planning Commission was misled by the Planning Department staff findings. Mr. Wang then reviewed the findings of the Planning Department staff. Peter Young, West Covina resident and applicant of project, spoke in opposition to the appeal and requested Council to uphold the Planning Commission Decision and approve his project and stated he would work with neighbors to mitigate their concerns. William Shen, El Monte resident, presented a visual presentation of design changes to address grading concerns and fire truck turn around. In Favor of Appeal Nancy Navarro, West Covina resident, spoke in favor of the appeal and opposed the project. In Opposition to the Appeal Joyce Young, Michael Young, Kenneth Larson, Michael Alarcon, Jaime Iglesias, Ida Young, Jeff Espino, and Melinda Powell, West Covina residents spoke in opposition to the appeal supporting Mr. Youngs desire to subdivide the lot allowing for his son to build on the second lot. Rebuttal Peter Wang, West Covina resident speaking on behalf of the appellant P.K. Schrieffer LLP, stated his support of family values but reiterated that the subdivision is not in conformance with City standards and citied West Covina Municipal Code (WCMC) section 20-31(0 and issues with fire department turn around. With no else wishing to speak Mayor Warshaw closed the Public Testimony period. Council discussion included proposed new driveway and fire truck access, duo taxing agency of subject property with the property in both an unincorporated portion of Los Angeles County and the City of West Covina, conforming to city standards (WCMC 20-31(0), number of flag lots that variances have previously been granted to, lots divided by County/City/School District boundaries, direction of the frontage of the house, fencing between second house and Quail Valley Lane, and plans presented to the Planning Commission vs. plan presented to the City Council. Motion by Johnson and seconded by Spence to uphold the decision of the Planning Commission and adopt Resolution No. 2017-42, Resolution No. 2017-43 and Resolution No. 2017-44 with the addition of a fence between subject property and Quail Valley Lane and a fire department turn 13 Tuesday June 20, 2017 around. Motion carried 4-0-1 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: Wu (recused) Councilman Wu returned to the dais at 10:52 p.m. DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 19) Prohibition of Smoking in Public Parks and Public Facilities It is recommended that the City Council provide staff with direction on this matter. City Attorney Barlow presented the staff report. Council discussion included enforceability of state law regarding smoking restriction near playgrounds and sports fields, enforceability of city imposed restrictions requiring posting of signs, resources for enforcement, and utilizing bike patrols for enforcement. Motion by Johnson and seconded by Toma to ban smoking in all parks and to post proper signage. Motion carried 3-2 by the following vote: AYES: Johnson, Toma, Warshaw NOES: Spence, Wu ABSENT: None PUBLIC WORKS 20) West Covina Landscape Maintenance District No. 1 Setting of Fiscal Year 2017-18 Assessment Rate It is recommended that the City Council adopt the following resolution, which provides for the assessment rates to be maintained at their current rate of 11.88 cents per 100 dollars of assessed valuation: RESOLUTION NO. 2017-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ASSESSMENT FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1,2017 Public Works Director Consunji presented the staff report. 14 Tuesday June 20, 2017 Motion by Toma 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 21) West Covina Landscape Maintenance District No. 2 Setting of Fiscal Year 2017-18 Assessment Rate It is recommended that the City Council adopt the following resolution, which provides for the assessment rate to be increased from the current rate of 6.43 cents per $100 to 6.60 cents per $100 of assessed valuation: RESOLUTION NO. 2017-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ASSESSMENT FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1,2017 Public Works Director Consunji presented the staff report. Council discussion included to lower funding for proposed drought tolerant landscaping and water-wise irrigation improvements capital improvement project (CIP) in order to maintain current assessments. Motion by Spence and seconded by Johnson to amend Resolution 2017-74 to reflect maintaining current assessment rate of $6.43 cents per $100 of assessed valuation and reduce funding for drought tolerant landscaping and water-wise irrigation improvements CIP project from $150,000 to $140,000. Motion carried 4-1 by the following vote: AYES: Johnson, Spence, Toma, Wu NOES: Warshaw ABSENT: None MAYOR/COUNCILMEMBERS REPORTS MAYOR COREY WARSHAW 22) Request by Mayor Warshaw and Mayor Pro Tern Spence for City Council to Consider the Elimination of the Community and Senior Services Commission as well as the Human Resources Commission. It is recommended that that the City Council consider this report and provide direction to staff. 15 Tuesday June 20, 2017 Mayor Warshaw discussed the cost effectiveness of the Human Resources Commission with the lack of scheduled business and the cost of the attendance of an outside attorney at such meetings but concluded eliminating the commission would not reduce the attorney fees in order to manage necessary personnel issues. Motion by Warshaw 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 Mayor Pro Tern Spence expressed concerns with the operation and purpose of the Community and Senior Services Commission and the stipend, supported retaining the commission if stipend is eliminated. Motion by Spence to eliminate the stipend for the Community and Senior Services Commission. Motion dies due to a lack of second. Council discussion included evaluating all Commission budgets, continuing Community and Senior Services stipends, Commission budgets amounts not significant to overall City budget, and need of commissioner participation. Motion by Warshaw 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 MAYOR PRO TEM MIKE SPENCE 23) Request from Mayor Pro Tern Spence for City Council to take a Formal Position Opposing SB 620 (Bradford) - Firearms: Crimes: Enhancements It is recommended that the City Council take a formal position opposing SB 620 (Bradford), as well as, direct staff to send a letter to the author and our local legislators. Mayor Pro Tern Spence expressed his opposition as the bill reduces enhancements for gun crimes. Motion by Spence and seconded by Wu to take a formal position to oppose SB 620 and 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 16 Rdsalia A: 134i1e. MMC Assistant CityTierk Tuesday June 20, 2017 AB1234 Conference and Meeting Report (verbal, i [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 Pro Tern Spence reported on his attendance at Supervisor Hilda Solis' roundtable discussion. Councilman Tama also reported on his attendance at Supervisor Hilda Solis' roundtable discussion and his attendance at the Council of Governments (COG) meeting held last week. Councilman Wu reported that he sent a representative to Supervisor Hilda Solis' roundtable discussion on his behalf. CITY COUNCIL COMMENTS Councilman Johnson commented on his trip to China with Councilmember Wu and thanked Council Wu for inviting him. Councilman Wu commented on his trip to China with Councilman Johnson at the invitation of the US China Entrepreneurs Association, Inc. Mayor Pro Tern Spence announce tomorrows last LA Works meeting to be held at 3:30 p.m. and thanked the Council for being able to represent the City at the meetings. Mayor Warshaw reminded everyone of the 4 th of July event to be held on July LI th, at Edgewood High School and starting with a pancake breakfast held at Hurst Ranch at 8:00 a.m. ADJOURNMENT Mayor Warshaw adjourned the meeting at 11:52 p.m. 17