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09-19-2017 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 19, 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 6:06 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, and Tony Wu Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City Manager Laura Minnich, Assistant City Manager/Community Services Director Nikole Bresciani PUBLIC COMMENTS ON ITEMS ON THE AGENDA Fredrick Sykes, West Covina resident, commented on the real property agenda item. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN: 8724-013-900 & 8724-013-901 Agency Negotiator: Freeland, Bresciani, Hail Barlow Negotiating Parties: City of West Covina RoSalia,k131.itter,"3. Assistant CitY Clerk, Tuesday September 19, 2017 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) Ioannidis vs. City of West Covina (L.A. Superior Court Case No. BC634990) Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-MRW) Villasenor vs. City of West Covina (L.A. Superior Court Case No. BS165795) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Macias, 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 ADJOURNMENT Mayor Warshaw adjourned the meeting at 7:00 p.m. 2 CITY OF WEST COVINA CITY COUNCIL/SUCCESSSOR AGENCY TUESDAY SEPTEMBER 19, 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 Dr. Mason Okubo from Immanuel Lutheran Church PLEDGE OF ALLEGIANCE — Led by Mayor Corey Warshaw ROLL CALL Present: Mayor Warshaw, Mayor Pro Tern Mike Spence, Councilmen Lloyd Johnson, James Toma and 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 Dellino "Chino" Consunji, Human Resources Director Edward Macias, Police Chief Richard Bell 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: 8724-013-900 & 8724-013-901 Tuesday September 19, 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) Ioannidis vs. City of West Covina (L.A. Superior Court Case No. BC634990) Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-MRW) Villasenor vs. City of West Covina (L.A. Superior Court Case No. BS165795) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Macias, 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 and there was no reportable action taken during closed session discussion. CHANGES TO THE AGENDA City Manager Freeland announced no changes to the agenda. ORAL COMMUNICATIONS - Five (5) minutes per speaker Mayor Warshaw announced that an individual may submit an orange Agenda Item Position Slip with their name and position on the agenda item rather than speaking and the positions will be read into the record when the item is discussed on the agenda. Elsie Messman, West Covina resident, thanked Police, Fire and Maintenance for assistance when needed, addressed marijuana cultivation, formation of Council districts, street sweeping, placement of electric charging stations, and City finances. Jim Grivich, West Covina resident, addressed marijuana cultivation and commercial sale of marijuana. ' 2 Tuesday September 19, 2017 Jerri Potras, West Covina resident, addressed proposed Police Chief salary range increase and setting precedence, City finances, and expressed her opposition to marijuana cultivation in the City. Fredrick Sykes, West Covina resident, expressed his opposition to the sale of open space as discussed in closed session. William Elliott, West Covina resident, spoke on the consultant fees for the Police Chief recruitment and selection process of the new Police Chief. Dana Sykes, West Covina resident, addressed feral cats and the proposed sale of open space near the Galaxy community. John Shewmaker, West Covina resident, addressed the proposed Police Chief salary survey, City actions taken due to the State Controller's audit, Athens Services fee, and school crossing guards. Steve Gresham, addressed marijuana cultivation and commercial sales. Armando Sanchez, West Covina resident, spoke on the proposed sale of land within the Galaxy community. Erik Interm ill, West Covina business owner, thanked the Police Department for their response to an incident to his business, addressed the Conditional Use Permit (CUP) process and Council districting. Jefferson DeRoux, West Covina resident, spoke in support of Constitutional Amendments 1 and 2. City Manager Freeland announced that a Gold Star Banner ceremony will be held in front of the Civic Center on West Covina Parkway honoring Marine Lance Corporal Ruben Velasco tomorrow, September 20, 2017 at 6:00 p.m. City Manager Freeland and staff responded to speakers comments. 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. ORDINANCES FOR ADOPTION 1) Ordinance Requiring Expedited Permitting Procedures for Electric Vehicle Charging Stations Pursuant to Assembly Bill 1236 It is recommended that the City Council adopt the following ordinance: 3 Tuesday September 19, 2017 ORDINANCE NO. 2323 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY ADDING ARTICLE XVIII TO CHAPTER 7 TITLED "PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS" 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 2) Ordinance Transferring Authority to the Fire Chief for Fireworks Permits at Public/Private School Sites It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2324 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 10, ARTICLE II, SECTION 5608.2 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE PUBLIC DISPLAY OF FIREWORKS 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 CITY ATTORNEY'S OFFICE 3) Recommended Responses to the Annual Los Angeles County Civil Grand Jury Report 2016-2017 It is recommended that the City Council authorize the City Manager to respond to the Presiding Judge of the Superior Court concerning recommendations made by the 2016- 2017 Los Angeles County Civil Grand Jury regarding towing and impound practices. Motion by Spence and seconded by Johnson to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Torna, Wu, Warshaw NOES: None ABSENT: None 4 Tuesday September 19, 2017 CITY MANAGER'S OFFICE 4) Partnership with the National League of Cities Services Line Warranty Program It is recommended that the City Council authorize the City Manager, or his designee, to enter into a Non-Royalty Marketing agreement with Utility Service Partners, Inc. (USP) for an initial term of three years, subject to City Attorney review with an additional (1) year renewal. Motion by Spence and seconded by Johnson to approve as recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Torna, Wu, Warshaw NOES: None ABSENT: None 5) Police Chief Salary Range Increase & Retiree Medical Benefit Retention It is recommended that the City Council adopt the following resolution to increase the salary range of the Police Chief and to amend the Department Heads Summary of Benefits to allow the suspension of retiree medical benefit for those Department Heads who come out of retirement to serve the city: RESOLUTION NO. 2017-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADJUSTING THE SALARY RANGE OF THE POLICE CHIEF AND AMENDING DEPARTMENT HEAD BENEFITS This item was removed from the Consent Calendar by Councilman Johnson who opined that the incoming Police Chief should come in at the same salary equal to that of the past retired Police Chief. Council discussion included concerns with increase to salary range with existing budget constraints and annual savings with the suspension of retiree pension and medical payments of the new incoming Police Chief. Motion by Spence and seconded by Toma to approve as recommended. Motion carried 3-2 by the following vote: AYES: Spence, Toma, Warshaw NOES: Johnson, Wu ABSENT: None FINANCE DEPARTMENT 6) Update on State Controller's Review Report of Administrative and Internal Accounting Controls and the Audit Report of the Special Gas Tax Street 5 Tuesday September 19, 2017 Improvement Fund, Traffic Congestion Relief Fund, and Proposition 1B Fund It is recommended that the City Council receive and file the update on the State Controller's Review Report of Administrative and Internal Accounting Controls and the Audit Report of the Special Gas Tax Street Improvement Fund, Traffic Congestion Relief Fund, and Proposition 1B Fund. This item was removed from the Consent Calendar by Councilman Toma for a presentation of a staff report. Staff report and update was presented by City Manager Freeland. Hearing no opposition to receive and file the report, Mayor Warshaw received and filed the report. 7) Accela Maintenance Agreement It is recommended that the City Council authorize the City Manager, or his designee, to execute a two-year maintenance agreement with a third-year renewal option, subject to City Attorney approval, with Accela for the Permits Plus computer software application in an amount not to exceed $64,002.05. 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 PUBLIC WORKS 8) Acceptance of Public Improvements for Cameron Avenue Sewer Main Rehabilitation Project (Project No. U-16030) It is recommended that the City Council take the following actions: I. Accept the Cameron Avenue sewer main improvements for Project No. U-16030; and 2. Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 3. Authorize the release of retention funds 35 days after recordation of the Notice of Completion. Motion by Spence and seconded by Johnson to approve as recommended. Motion carried 5-0 by the following vote: 6 Tuesday September 19, 2017 AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None 9) Fiscal Year 2017-18 Budget Amendment It is recommended that the City Council take the following actions: 1. Adopt the following resolution: RESOLUTION NO. 2017-88 - 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 (Street Sweeping); and 2. Appropriate expenditures in the amount of $11,048 from Gas Tax fund balance for increases in the Street Sweeping service contract (Acct# 124.41.4153.6130). This item was removed from the Consent Calendar by Councilman Wu who expressed concerns with approving an increase to the street sweeping contract with type quality of service provided. A brief overview of the increase to the street seeping contract was presented by City Manager Freeland. Council discussion included terms of contract and the frequency of service. Motion by Spence and seconded by Warshaw to approve as recommended. Motion carried 3-2 by the following vote: AYES: Spence, Toma, Warshaw NOES: Johnson, Wu ABSENT: None 10) Senate Bill 1: The Road Repair and Accountability Act of 2017 It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2017-94 - A RESOLUTION OF THE CITY COUNCIL OF THE crry OF WEST COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2017-18 BUDGET TO INCORPORATE A LIST OF PROJECTS FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017; and RESOLUTION NO. 2017-95 - 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 (SB1 Funding) 7 Tuesday September 19, 2017 This item was removed from the Consent Calendar by Mayor Pro Tern Spence who expressed concern with specific wording within the resolution leading to the assumption of support of SB1 in which he had opposed and requested the following be removed from the text of the resolution: "WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, having many and varied negative impacts on our community;" Motion by Spence and seconded by Johnson to adopt Resolution No. 2017-94 as amended to remove "WHEREAS, if the Legislature and Governor failed to act, city street and county roads would have continued to deteriorate, having many and varied negative impacts on our community;" from the text of the resolution and adopt Resolution No. 2017-95 recommended. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 11) Public Hearing Regarding Review of Draft Maps 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 community regarding draft maps 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. Deputy City Manager Minnich introduced Doug Johnson from National Demographics Corporation (NDC) who presented a report and PowerPoint presentation regarding the fourteen (14) draft council district maps submitted by the public and three (3) draft maps submitted by NDC. Council question included whether school districts were taken into consideration with the formation of the draft maps submitted by NDC, limitations of street names on interactive maps, legal criteria of districts, and council representation/lack of representation within draft districts. Mayor Warshaw opened the Public Testimony period. Members of the public Juan Reinoso, Fredrick Sykes, R. W. Robinson who submitted a written document for the administrative record, Dana Sykes, Phil Kaufman, Jim Grivich, Jerri Potras, John Shewmaker, Jefferson DeRoux, Audrey Lynberg, Alfred Williams, Sandra Delahoussaye, and Ben Wong commented. 8 Tuesday September 19, 2017 With no one else wishing to speak, Mayor Warshaw closed the Public Testimony period. Council engaged in discussion regarding the pros and cons of council districts. Mayor Warshaw stated that no action is required as this concludes the third public hearing, announced two upcoming community meetings scheduled for Saturday, October 7, 2017 at 10:00 a.m. at the Cameron Community Center and Thursday, October 12, 2017 at 6:30 p.m. at the Senior Center, and encourage individuals to provide feedback on the draft maps either at one of the community meetings, via email or online at the City City's websitc at www.westovina.org/Districts. RECESS — Mayor Warshaw recessed the City Council meeting at 10:10 p.m. and reconvened the City Council meeting at 10: 22 p.m. with all members present. DEPARTMENTAL REGULAR MATTERS CITY MANAGER'S OFFICE 12) City Crossing Guard Services It is recommended that the City Council provide Staff direction on this matter. Staff report was presented by City Manager Freeland. • Council discussion included future of services provided if school districts will not share costs, savings to City if costs are shared with the school districts, how locations for crossing guards were identified, future in-depth discussion with school districts, safety concerns with the elimination of crossing guards, responsibility of the school districts to provide safe crossing, and contract vs. month to month agreement for remainder of current fiscal year. Motion by Warshaw and seconded by Johnson to continue with current contract with automatic renewals, and continue to negotiate with school districts for shared costs of 50% each. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Toma, Wu, Warshaw NOES: None ABSENT: None PLANNING DEPARTMENT 13) Code Amendment No. 16-04 Marijuana Regulations (Cultivation) General Exemption It is recommended that the City Council provide direction to staff regarding 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 9 Tuesday September 19, 2017 Regulations (Chapter 14) section of the Municipal Code as well as changes to Zoning (Chapter 26). Mayor Pro Tern Spence presented a brief overview of his request to have the City Council reconsider their action taken at the September 5, 2017 Council meeting to cease the preparation of a code amendment to allow the cultivation of marijuana in a manufacturing zone to allow a full Council to consider the item. [Mayor Warshaw and Councilman Wu were absent at the September 5, 2017 meeting] Council discussion included Council honoring request to hold over Police Chief agendized item from September 5, 2017 for full Council consideration vs. not honoring request by Mayor Warshaw to hold marijuana regulation over for full Council consideration, numerous previous discussions and known Council positions, clarification that item is pertaining to cultivation for medical purposes and not recreational and potential revenue. Mayor Warshaw announced the item would be received and filed. POLICE DEPARTMENT 14) "Taking Back Our Community" Program Relating to the Impacts of AB 109 and Proposition 47 Along with the Anticipated Impacts with the Recent Voter Approval of Proposition 57 It is recommended that the City Council support the "Taking Back Our Community" program and participate in the education of the community on the impacts of recent legislation on policing efforts. Staff report and PowerPoint presented was presented by Interim Police Chief Bell. 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 AB1234 Conference and Meeting Report (verbal, if any) (In accordance with A8 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 announced he was unable to attend the League of California Cities (League) annual conference and reported on the passing of two proposed League resolutions. Mayor Warshaw report on his and Councilmember Wu's recent visit to China. (Mayor Warshaw also stated the tip was not an AB1234 Conference and was at no cost to the city. Councilman Wu also reported on his and Mayor Warshaw's trip to China. 10 Rosalia-,1-71Utle , MMC - - Assistant Ciq7 ,Clerk Tuesday September 19, 2017 CITY COUNCIL COMMENTS Councilman Johnson addressed the Red Ribbon Rally and funding and City Manager Freeland confirmed that the event is funded. Councilman Toma announced that West Covina Day at the Los Angeles County Fair is on Thursday, September 21, 2017 and discount coupons are available on the City's website. City Manager Freeland added that the City will be recognizing Beverly Bultois as the City of West Covina Hometown Hero. Councilman Toma also announced a community workshop regarding the Glendora Avenue project will be held on Wednesday, September 20, 2017 at the Historical Society from 2:00 p.m. — 7:00 p.m. ADJOURNMENT Mayor Warshaw adjourned the meeting at 11:02 p.m. in memory of Julie Sheppard, S.H.O.P. volunteer and Historical Society member. 11