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08-15-2017 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY AUGUST 15, 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 Toma, Tony Wu Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City Manager Laura Minnich, Human Resources Director Edward Macias PUBLIC COMMENTS ON ITEMS ON THE AGENDA The following members of the public addressed, Conference with Real Property Negotiators for the properties located at 1340 East Puente Avenue, 1433 West Puente Avenue, and 1305 East Cameron Avenue: David Duncan, Lloyd Heald, Janice Hartman, Deborah Kuruthers, Gene Manners, Jim Grivich, Roberto Rios, Margie Messing, Michelle Kosner, Craig Melaker, Chris Miller, Daryl Shimmel, Jesus Carrillo, Arturo Gonzalez, Jeanie Johnson, Jerri Potras, Joe Silva, Arthur Glacier and Theresa Kozad. Tuesday August 15, 2017 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 1320 East Puente Avenue; 1433 West Puente Avenue; 1305 East Cameron Avenue Agency Negotiator: Freeland, Bresciani, Hall Barlow Negotiating Parties: City of West Covina Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Freeman, et al. vs. City of West Covina (U.S. District Court Case No. 2:17-cv-03738) Matt Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF- MRW) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(2) Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Sahagun, 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 RECESS — Mayor Warshaw recessed the closed session meeting at 7:00 p.m. in order to call to order the regular meeting of the City Council, and reconvened the closed session meeting at 11:10 p.m. with all members present. REPORTING OUT None ADJOURNMENT Mayor Warshaw adjourned the meeting at 12:12 a.m. 2 Tuesday August 15, 2017 Submitted by: osalia A. Butler, MMC Assistant City Clerk 3 CITY OF WEST COVINA CITY COUNCIL/SUCCESSSOR AGENCY TUESDAY AUGUST 15, 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 Reverend Leslie Jernal from Citrus Valley Hospice PLEDGE OF ALLEGIANCE — Led by Councilmember Toma ROLL CALL Present: Mayor Corey Warshaw, Mayor Pro Tern Mike Spence, Councilmen Lloyd Johnson, James Tom, Tony Wu Staff present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Assistant City Manager/Community Services Director Nikole Bresciani, Deputy City Manager Laura Minnich, Planning Director Jeff Anderson, Public Works Director Delfino "Chino" Consunji, and Assistant City Clerk Rosalia A. Butler. REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: 1320 East Puente Avenue; 1433 West Puente Avenue; 1305 East Cameron Avenue Tuesday August 15, 2017 Agency Negotiator: Freeland, Bresciani, Hall Barlow Negotiating Parties: City of West Covina Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Freeman, et al. vs. City of West Covina (U.S. District Court Case No. 2:17-cv-03738) Matt Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF- MRW) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.90)(2) Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Sahagun, 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 direction was given regarding Real Property Negotiations at 1320 East Puente Avenue, 1433 West Puente Avenue, and 1305 East Cameron Avenue, to return with more information in response to the many public comments received prior to the closed session discussion and, the City Council will reconvene the closed session meeting at the conclusion of the regular meeting to hear the remaining items. At the request of the City Attorney, by a motion by Johnson and seconded by `roma and approved on a 5-0 vote, Conference with Legal Counsel regarding Anticipated Litigation pursuant to Government Code § 54956.9(d)(2)-one case was added to the closed session agenda for discussion. PRESENTATIONS Mayor Warshaw recognized LT Global Investments for their donation to the Shop Local After School Program by their donation of $2,500 to the West Covina Unified School District and $2,500 to the Covina Valley Unified School District and presented Wei Huang, Vice President of Acquisition and Asset Manager for LT Global Investments with a Certificate of Recognition. Mayor Warshaw, along with Recreation Superintendent Mike Cresap, recognized Brad Manning as the Community Services Adult Volunteer of the Year awardee, Isabella Johnston as the 2 Tuesday August 15, 2017 Community Services Youth Volunteer of the Year awardee, and Robert Scothom as the Recreation Services Volunteer of the Year awardee. CHANGES TO THE AGENDA City Manager Freeland announced that Item #4, City Treasurers Report, will be pulled from the Consent Calendar to allow City Treasurer Rozatti to present the report and requested that Item #17, Approval of Marketing Agreement with XG Communities, LLC, clba 5 Bars Communities fOr Wireless Telecommunications Facilities Consulting Services in the Public Right-of-Way and City- Owned Buildings and Facilities, be pulled from the Consent Calendar at the request of Councilmembers for discussion by the City Council. Adjournment Motions Mayor Warshaw requested that tonight's meeting by adjourned in memory of Private First Class Marine Ruben Velasco, a West Covina High School 2016 graduate and City of West Covina resident. ORAL COMMUNICATIONS - Five (5) minutes per speaker William Elliot, West Covina resident, spoke on the Police Chief recruitment and conceal carry permits. Frank Williams, West Covina resident and representing the West Covina Bruins, promoted the West Covina Bruins opening day at Cortez Park on August 19, 2017 starting at 1:00 p.m. Fredrick Sykes, West Covina resident, supported proposed change to West Covina Municipal Code relating to sex offenders, supported parking restriction on street sweeping days, and addressed the transfer of the Community Enhancement Division from the Police Department to the Public Works Department. Dana Sykes, West Covina resident, addressed no parking on street sweeping days, and suggested increasing Community Enhancement staff. Chris Miller, West Covina resident, spoke on no parking on street sweeping day, requested to limit blowers, addressed cultivation of marijuana and supported north/south districts. Jim Grivich, West Covina resident, addressed the proposed proposal for the commercial cultivation of marijuana. Craig Melichcr, West Covina resident, addressed Athens Services contract and putting the contract out for bid. Herb Redholtz, West Covina resident, spoke on prohibiting parking on street sweeping days, and transferring Community Enhancement Division from the Police Department to the Public Works Department. 3 Tuesday August 15, 2017 Lisa Mayo, West Covina resident, gave the Council kudos for their accepting criticism from the public, and commended Councilman Johnson for his speaking at a recent community group meeting. Jeni Potras, West Covina resident, thanked staff for the on line council district updates, and requested to identify the HUD areas within the district maps. Michael Allen Petersen, West Covina resident, spoke on marijuana cultivation regulations. Jefferson DeRoux, West Covina resident, addressed street sweeping and no parking on street sweeping days and the cultivation of marijuana. Brian and Michelle Cosner, West Covina resident, spoke on the cultivation of marijuana. RECESS — Mayor Warshaw called for a recessed the City Council meeting at 8:24 p.m. and reconvened the City Council meeting at 8:36 p.m. with all members present. City Manager Freeland and staff responded to speakers comments. CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered to he 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) April 24, 2017 Special Community Town Hall Meeting Minutes May 2, 2017 Regular City Council Closed Session Meeting Minutes May 2, 2017 Regular City Council/Successor Agency Meeting Minutes May 8, 2017 Special Community Budget Workshop Meeting Minutes May 16, 2017 Regular City Council/Successor Agency Closed Session Meeting Minutes May 16, 2017 Regular City Council/Successor Agency Meeting Minutes Motion by Spence and seconded by Toma 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) May 9, 2017 Community & Senior Services Commission Meeting Summary of Actions 4 Tuesday August 15, 2017 Motion by Spence and seconded by Toma 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: Stephen Sweeney vs. The City of West Covina Joanna Diaz vs. The City of West Covina Sungei Hoang vs. The City of West Covina It is recormnended that the City Council reject, return and deny the following Government Tort Claim and the claimants through their attorney be notified: West Covina Firefighter's Association, IAFF Local 3226, et al. vs. The City of West Covina Motion by Spence and seconded by Toma to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None INVESTMENT REPORT (receive & file) 4) City Investment Report for the Month Ended June 30, 2017 It is recommended that the City Council receive and file the Investment Report for the month ended June 30, 2017. This item was pulled from the Consent Calendar to allow City Treasurer Rozatti to present the report. Motion by Johnson and seconded by Toma to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None 5 Tuesday August 15, 2017 ABSENT: None 5) Successor Agency Investment Report for the Month Ended June 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 June 30, 2017. Motion by Spence and seconded by Toma to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None CITY MANAGER'S OFFICE 6) 2017 League of California Cities Annual Conference Meeting Resolutions It is recommended that the City Council adopt an official position of support for both Resolution No. 1 and No. 2 that will be voted on at the 2017 League of California Cities Annual Conference Meeting on Friday, September 15, 2017. Motion by Spence and seconded by Toma to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None 7) Assurances and Understandings Regarding Receipt and Use of Measure M Local Return Funds It is recommended that the City Council authorize the City Manager to execute the Assurances and Understandings Regarding Receipt and Use of Measure M Local Return Funds. This item was pulled from the Consent Calendar by Mayor Pro Tern Spence and stated that while Measure M funds can be used for specific eligible projects, asked when the City is going to detenuine what projects within the City the funds will be used for. Staff confirmed that Measure M fund received will be included in the annual Capital Improvement Program projects budget. Motion by Spence and seconded by Warshaw to approve as recommended. Motion carried 5-0 by the following vote: 6 Tuesday August 15, 2017 AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None FIRE DEPARTMENT 8) Amendment to Services Agreement with Wittman Enterprises, LLC, for Ambulance Billing Services and Authorization for Business Associate Agreement with Digital EMS Solutions, Inc. It is recommended that the City Council take the following actions: 1. Authorize the City Manager, or his designee, to sign the amendment to the Professional Services Agreement with Wittman Enterprises, LLC, for ambulance billing services; and 2. Authorize the City Manager, or his designee, to sign the Business Associate Agreement between Digital EMS Solutions, Inc., and the City of West Covina. Motion by Spence and seconded by Toma to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None HUMAN RESOURCES 9) Resolution Appointing the City of West Covina's Primary Representative and Alternate to the Big Independent Cities Excess Pool Governing Board It is recommended that the City Council approve the following resolution: RESOLUTION NO. 2017-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING A PRIMARY REPRESENTATIVE AND ALTERNATE TO THE BIG INDEPENDENT CITIES EXCESS POOL (BICEP) GOVERNING BOARD Motion by Spence and seconded by Toma to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None 7 Tuesday August 15, 2017 10) Approval of Fleet Services Coordinator Job Classification It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING NEW JOB CLASSIFICATION FLEET SERVICES COORDINATOR This item was pulled from the Consent Calendar by Councilman Wu who inquired as to whether there are funds available in the budget for the position and the necessity of the position. Staff confirmed that the position was included in the Fiscal Year 2017-18 budget and the position will also assure efficiency with the new public/private partnership with West Covina Ford for auto shop operations. Motion by Wu and seconded by Johnson to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Tom., Wu, Warshaw NOES: None ABSENT: None POLICE DEPARTMENT 11) Award of Bid - Police Department Assembly Room Audio/Video Project It is recommended that the City Council authorize the City Manager to execute the City's Standard Public Works Contract with Western Audio Visual to install and upgrade the audio and video system in the Police Department's Assembly Room, in the amount of $42,819. Motion by Spence and seconded by Toma to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Tema, Wu, Warshaw NOES: None ABSENT: None 12) 2017 Justice Assistance Grant from U.S. Department of Justice It is recommended that the City Council take the following actions: 1. Approve the 2017 Justice Assistance Grant application, totaling $18,377, and authorize the City Manager to execute all grant related documents; and 2. Adopt the following resolution authorizing the necessary budget amendments: 8 Tuesday August 15, 2017 RESOLUTION NO. 2017-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (2017 BJA JAG GRANT) Motion by Spence and seconded by Toma to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None PUBLIC WORKS 13) Award of Contract for Fire Station No. 4 Emergency Generator Replacement It is recommended that the City Council accept the bid from Professional Electrical Services of Montrose, California, in the amount of $38,000, and authorize the City Manager to execute a contract with Professional Electrical Services for the work to be completed. This item was pulled from the consent Calendar by Councilman Wu for more information regarding the project. Public Works Director Consunji presented a brief overview of the project. 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 14) First Amendment to Memorandum of Understanding with the County of Los Angeles Regarding Implementation of the Coordinated Integrated Monitoring Program for the Upper San Gabriel River Watershed It is recommended that the City Council authorize the City Manager to execute the First Amendment to the Memorandum of Understanding with the County of Los Angeles regarding the administration and cost sharing for implementation of the Coordinated Integrated Monitoring Program for the Upper San Gabriel River Watershed. This item was removed from the Consent Calendar by Mayor Pro Tern Spence who expressed concerns of the cost sharing of West Covina as opposed to other cities entering into Memorandums of Understanding (MOU) with the County. 9 Tuesday August 15, 2017 Public Works Director Consunji presented a brief overview. Council discussion ensued. 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 15) Lot Line Adjustment No. 194 1033 S. Dancove Drive It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 194 LOCATED AT 1033 S. DANCOVE DRIVE AND DIRECTING THE RECORDATION THEREOF Motion by Spence and seconded by Toma to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None 16) Summary Vacation of a Portion of S. Sunset Avenue Adjacent to 1360 W. Garvey Avenue South It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUMMARILY VACATING AND ABANDONING A PORTION OF THE RIGHT-OF-WAY ON S. SUNSET AVENUE SOUTH OF THE I-10 FREEWAY AND ADJACENT TO 1360 W. GARVEY AVENUE SOUTH THAT IS NO LONGER REQUIRED FOR PUBLIC USE WITHIN THE CITY OF WEST COVINA AND AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION Motion by Spence and seconded by Toma to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None 10 Tuesday August 15, 2017 17) Approval of Marketing Agreement with XG Communities, LLC, dba 5 Bars Communities for Wireless Telecommunications Facilities Consulting Services in the Public Right-of-Way and City-Owned Buildings and Facilities 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 as 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 Marketing Agreement with XG COMMUNITIES, LLC (doing business as 5 BARS) for an initial term of five years (with four renewals of five-years each term for a potential of 25 years) to provide wireless telecommunications facilities consulting services in the public right-of-way and City-owned buildings and facilities; and 3. Direct staff to begin working with 5 BARS to implement the Marketing Agreement and identify appropriate City Assets to include in a License Agreement as soon as practical. This item was pulled from the Consent Calendar by Councilman Johnson for further information including the potential of a 25 year agreement. City Attorney Barlow presented an overview of the staff report. Council discussion included the effects of SB 649 and local control and having licensing agreements in place prior to SB 649 taking effect. Motion by Johnson and seconded by Spence 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 CA_LENDAR HEARINGS PUBLIC HEARINGS 18) Public Hearing Regarding the Creation of District Boundaries for District Based City Council Elections It is recommended that the City Council hold a public hearing to receive input from the 11 Tuesday August 15, 2017 community regarding the creation of City Council District boundaries for District based City Council elections. 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 and Deputy City Manager Minnich presented the staff report and a PowerPoint presentation. Council questions included number of district maps submitted so far, restrictions on who can submit a district map, and limitations to which districts will have elections in 2018. Mayor Warshaw opened the Public Testimony period. Members of the public Fredrick Sykes, Jerri Potras, Jefferson DeRoux and Armando Sanchez commented. With no one else wishing to speak, Mayor Warshaw closed the Public Testimony period. Council discussion included when the consultant from National Demographics Corporation (NDC) will be attending the public hearings, public hearing process to create maps as required by law, and receiving public input as to what is important in the drawing of maps. Mayor Warshaw stated that no action is required as this concludes the second public hearing, announced the next public hearing on the creation of district boundaries is tentatively scheduled for September 19, 2017 and stated more information is available at www.westeovina.org/Districts. 19) Code Amendment No. 16-07 Off-Sale Alcohol Uses General Exemption It is the Planning Commission and staffs recommendation that the City Council take the following actions: 1. Find that the adoption of the proposed code amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists of a code amendment, which does not have the potential for causing a significant effect on the environment; and 2. Introduce, read by title only, waive further reading and give first reading to the following ordinance: ORDINANCE NO. 2320 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 16-07, RELATED TO OFF-SALE ALCOHOL USES Mayor Warshaw introduced the Public Hearing matter, Assistant City Clerk Butler verified 12 Tuesday August 15, 2017 proper legal notice was given and Mayor Warshaw opened the Public Hearing. Planning Director Anderson presented the staff report and a PowerPoint presentation. Council questions included use term undue concentration as defined by the California Department of Alcohol Beverage Control (ABC), for both on-sale and off-sale of alcohol, conditions allowed by an Administrative Use Permit (AUP), ordinance language, and permitting of specific sensitive uses. Mayor Warshaw opened the Public Testimony period. This was no one wishing to speak, therefore, Mayor Warshaw closed the Public Testimony period. Council engaged in brief discussion as to the overall changes with the Code Amendment. 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 DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 20) A Regular and an Urgency Ordinance of the City of West Covina, California, Repealing and Replacing Provisions of Section 15-19 (Sex Offender Residency Restrictions) of Article I (General) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety), Relating to Certain Sex Offenders It is recommended that the City Council take the following actions: 1. Adopt the following Urgency Ordinance: ORDINANCE NO. 2321 - AN URGENCY ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING SECTION 15-19 (SEX OFFENDER RESIDENCY RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY), RELATING TO CERTAIN SEX OFFENDERS; and 2. Introduce, give first reading, and waive further reading of the following proposed ordinance enacting Article I of Chapter 15 of the West Covina Municipal Code: ORDINANCE NO. 2322 - AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING SECTION 15-19 (SEX OFFENDER RESIDENCY RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND 13 Tuesday August 15, 2017 SAFETY), RELATING TO CERTAIN SEX OFFENDERS City Attorney Barlow presented the staff report. Motion by Spence 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 PLANNING DEPARTMENT 21) Code Amendment No. 16-04 Marijuana Regulations (Cultivation) General Exemption It is recommended that the City Council provide direction to staff in processing a Code Amendment for the commercial cultivation of marijuana in a manufacturing zone to allow the Planning Commission to consider changes to the Licenses and Business Regulations (Chapter 14) section of the Municipal Code as well as changes to Zoning (Chapter 26). Planning Director Anderson presented the staff report. Council discussion included controversy of the effects of marijuana on cancer patients, security issues, distance between manufacturers, receiving reports of total gross revenues from manufacturers, the City utilizing cultivation for revenue, federal government prohibition, banking limitations, message sent to children with approval of cultivation, business attraction with allowable cultivation in the city, developing regulations due to legalization of marijuana, having a business license plan, and imposed taxes. Motion by Spence and seconded by Johnson to direct staff to move forward with the processing of a Code Amendment with the Planning Commission reviewing both the Business License and Zoning sections of the Municipal Code for commercial cultivation of marijuana, come back with separate tax specific marijuana cultivation options and with a Prop 218 election prior to Code Amendment taking effect and regulation on laboratory testing. Motion carried 3-2 by the following vote: AYES: Johnson, Spence, Warshaw NOES: To ma, Wu ABSENT: None 14 Tuesday August 15, 2017 MAYOR/COUNCILMEMBERS REPORTS MAYOR PRO TEM MIKE SPENCE 22) City of West Covina Organizational Memberships It is recommended that the City Council discuss the various organization memberships described in the staff report. Motion by Spence and seconded by Toma to receive and file the report. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None 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.) None. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4 f - 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.) CITY COUNCIL REQUESTS 23) Request by Mayor Warshaw for City Council to Consider Becoming a Partner with the National League of Cities Service Line Warranty Program It is recommended that the City Council consider the report and provide direction to staff to return to Council with additional information about the process for becoming a partner if desired. Mayor Warshaw presented a brief overview of the Service Line Warranty Program (Program). Council questions included whether there is a cost to the City in becoming a partner, and difference between Program insurance and current insurances in the market. 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 15 Tuesday August 15, 2017 24) Request from Mayor Pro Tern Mike Spence Requesting the City Council's Consensus to Dedicate All Successor Agency Property Sale Proceeds Along the Former BKK Landfill to Pay Off City Bonds on the Property It is recommended that the City Council direct staff accordingly. Mayor Pro Tern Spence presented a brief overview. City Manager Freeland clarified that only Successor Agency proceeds would be applied to the bond payments. 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 25) Request from Mayor Pro Tern Mike Spence Requesting the City Council's Consensus to Dedicate Sunset Field Lease Proceeds for Shadow Oak Park Improvements It is recommended that the City Council direct staff accordingly. Mayor Pro Tern Spence presented a brief overview of his request to utilize proceeds from the lease agreement with Citrus Valley Health Partners for Sunset Field for restroom improvements at Shadow Oak Park. City Manager Freeland stated that excess park dedication funds used for Orangewood soccer field and expected Los Angeles County Proposition P funds could be available for Shadow Oak Park. Motion by Spence and seconded by Wu to dedicate lease proceeds from Sunset Field for Shadow Oak Park improvements. Council questions included what will become of the money dedicated to Shadow Oak Park if Proposition P funds do become available to fully fund the Shadow Oak Park improvements, tying up the funds from Sunset Field, and to which fund will proceeds go if not dedicated to a specific project. Amendment offered by Warshaw to restrict lease proceeds to park improvements or purchase of parkland, and not to Shadow Oak specific. Mayor Warshaw called for vote on original motion as proposed by Spence. Motion failed 2-3 by the following vote: 16 Tuesday August 15,2017 AYES: Spence, Wu NOES: Johnson, Toma, Warshaw ABSENT: None Motion by Warshaw and seconded by Johnson to have lease proceeds from Sunset Filed dedicated to new parkland purchase or park improvements. Motion carried 4-1 by the following vote: AYES: Johnson, Toma, Wu, Warshaw NOES: Spence ABSENT: None 26) Request from Mayor Pro Tern Mike Spence Requesting the City Council's Consensus to Examine what Measures Other Cities are Taking to Balance Legal Protections for the Homeless Population and Ensuring the Protection of Access for all to Public Facilities It is recommended that the City Council direct staff accordingly. Mayor Pro Tem Spence presented a brief overview and express concern with lack of access to parks/public facilities due to homelessness in such facilities. Motion by Spence and seconded by Johnson to return with a comprehensive review of laws (i.e., camping, loitering, trespassing, etc.), to ensure that the public is aware of resources and the City's obligation to ensure safe access to parks and public facilities. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None 27) Request from Councilman Tony Wu Requesting the City Council's Consideration to Analyze the Adoption of Regulations/Fees on Short-Term Residential Rentals It is recommended that the City Council direct staff accordingly. Council Wu presented a request to analyze the adoption of fees on short-term residential rental (ie., AirBnb, VRBO, etc.). Motion by Wu and seconded by Johnson to have staff return with a report to analyze the regulations and fees on short-term residential rentals. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None 17 Tuesday August 15, 2017 ABSENT: None 28) Request from Councilman Tony Wu Requesting the City Council's Consideration to Prohibit Parking on City Streets on Street Sweeping Days It is recommended that the City Council direct staff accordingly. Council Wu shared residents' concerns of lack of streets being cleaned due to cars parked on the streets with lack of "no parking" signage on street sweeping days and requested to prohibit parking on streets on street sweeping days. Council discussion included environmental issues with lack of street sweeping, lack of consistent street sweeping hours creating parking issues for residents, lack of parking for residents, current process by residential majority to prohibit parking on street sweeping days, and enforcement of process. Motion by Wu and seconded by Toma to prohibit parking on streets on street sweeping days. Motion failed 2-3 by the following vote: AYES: Toma, Wu NOES: Johnson, Spence, Warshaw ABSENT: None 29) Request from Councilman Tony Wu Requesting the City Council's Consideration to Transfer the Community Enhancement Division from the Police Department to the Public Works Department It is recommended that the City Council direct staff accordingly. Councilman Wu presented an overview of his request. Council discussion included the fact that code enforcement officers are not sworn police officers, lack of compliance with code enforcement when not utilized a "police" identified vehicle or badge, change of name from Community Enhancement to Code Enforcement, Community Enhancement employees impersonating police department employees, improved enforcement through police department, and Public Works employees familiarity of codes. Motion by Spence and seconded by Toma to support the transfer of the Community Enhancement Division from the Police Department to the Public Works Department. Motion carried 2-3 by the following vote: AYES: Spence, Wu NOES: Johnson, Toma, Warshaw ABSENT: None City Manager Freeland stated that if the Council desires to change the name of the division from 18 Tuesday August 15, 2017 Community Enhancement to Code Enforcement the Council may do so as requested by Councilman Johnson during discussion. Motion by Johnson and seconded by Spence to direct staff to bring back for Council approval to change the name of Community Enhancement to Code Enforcement. Motion carried 4-1 by the following vote: AYES: Johnson, Spence, Toma, Wu NOES: Warshaw ABSENT: None 30) Request from Mayor Pro Tern Mike Spence Requesting the City Council's Consideration to take a Position on Assembly Bill 20 (Public Employee Retirement Systems: Divestment: Dakota Access Pipeline) It is recommended that the City Council direct staff accordingly. Mayor Pro Tern Spence presented an overview of his request. Motion by Spence and seconded by Warshaw to oppose Assembly Bill 20. Council engaged in brief discussion regarding lack of connection between the Dakota pipeline and the City of West Covina and California Public Employees' Retirement System (CalPERS) investments. Motion carried 3-2 by the following vote: AYES: Spence, Wu, Warshaw NOES: Johnson, Toma ABSENT: None CITY COUNCIL COMMENTS Councilman Toma commented on the success of the Historical Society Summerfest event. ADJOURNMENT Mayor Warshaw adjourned the meeting at 11:02 p.m. and reconvened to closed session agenda items in the City Manager's Conference Room. '9 Tuesday August 15, 2017 n `, ' Submitted by: . I Rosaha A:.Butler, MMC Assistant City Clerk 20