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05-01-2018 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY MAY 01, 2018,6:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES Mayor Spence 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: Councilmember Toma, Councilmember Warshaw, Councilman Wu, Mayor Pro Tem Johnson, Mayor Spence Other Present: City Manager Chris Freeland, Assistant City Attorney Ivy Tsai, Assistant City Manager/Community Services Director Nikole Bresciani, Deputy City Manager Laura Biery, Human Resources Director Edward Macias, Fire Chief Larry Whithom, Planning Director Jeff Anderson, Community and Economic Development Manager Paulina Morales PUBLIC COMMENTS ON ITEMS ON THE AGENDA None Tuesday May 01, 2018 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Plaza West Covina Mall APN's: 8474-003-915, 8474-003-918, 8474-003- 940, 8474-007-928, 8474-007-931, 8474-007-932, 8474-007-933, 8474- 007-934, 8474-007-935, 8474-007-939, 8474-007-940 Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow Negotiating Parties: Starwood Retail Partners Under Negotiation: Price and Terms of Payment CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 617 North Lark Ellen, West Covina Agency Negotiator: Freeland, Bresciani, Hall Barlow, Tsai Negotiating Parties: King Trust Under Negotiation: Price and Terms of Payment CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Macias, Bresciani, Hall Barlow Employee Organizations - Confidential Employees - General Employees - Maintenance & Crafts Employees - Mid-Management Employees - Non-Sworn - W.C. Police Management Association W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. W.C. Firefighters' Association, I.A.F.F., Local 3226 Unrepresented Employee Group - Department Heads ADJOURNMENT Mayor Spence adjourned the meeting at 7:01 p.m. 2 Tuesday May 01, 2018 ; itted b. RR Osalia A. Bitt10;-,MMC Assistant Cit3i,derk 3 CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY MAY 01, 2018, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 CALL TO ORDER — Mayor Spence called the meeting to order at 7:05 p.m. INVOCATION — Led by Community Relations Pastor at Faith Community Church & West Covina Police Chaplain Kelly Dupee PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tern Johnson ROLL CALL Present: Councilmember Toma, Couneilmember Warshaw, Councilman Wu, Mayor Pro Tern Johnson, Mayor Spence Staff Present: City Manager Chris Freeland, Assistant City Manager/Community Services Director Nikole Bresciani, Deputy City Manager Laura Biery, Assistant City Attorney Ivy Tsai, Police Chief Marc Taylor, Police Captain Richard Bell, Public Works Director Chino Consunji„ Planning Director Jeff Anderson, Fire Chief Larry Whithorn, Interim Finance Director Judy Lancaster, Assistant City Clerk Rosalia Butler, City Manager Intern Genesis Hill Tuesday May 01, 2018 REPORTING OUT FROM CLOSED SESSION Assistant City Attorney Tsai indicated that no reportable action was taken. CHANGES TO THE AGENDA City Manager Freeland indicated that there were no changes to the agenda. PRESENTATIONS Proclamation proclaiming May 12, 2018 as Fire Service Day Proclamation proclaiming May 13-19, 2018 as National Police Week Mayor Spence made adjournment motions in memory of: 1. Dr. David K. Hall 2. Retired West Covina Police Officer Jim Bean ORAL COMMUNICATIONS - Five (5) minutes per speaker Phil Kaufman expressed approval regarding giving the residents of West Covina precedence over non-residents involving the order in which public comments are read. David Lin shared that he applied for the open Audit Committee member position and stated that his qualifications made him the best candidate for the job. Herb Redholtz spoke on Item No. 22 and thanked Mayor Spence for agendizing term limits for Councilmembers. He also expressed concerns regarding the allowance of West Covina resident speakers to be prioritized over non-residents, and stated that the Mayor should be allowed to select the order in which the speakers are heard. Marsha Solorio shared that she applied for the Audit Committee and stated that her experience renders her the best candidate for the position. Bill Elliott thanked the West Covina Police Department and the West Covina Fire Department for their everyday service and professionalism and expressed concerns regarding the outcome of Senate Bill 54 (California Values Act) at the Regular City Council Meeting of April 3, 2018. Alfred Williams expressed concerns regarding Mayor Spence's professionalism at the April 17, 2018 City Council Meeting. Jim Grivich shared that he applied for the Audit Committee and stated that he had been a member of the aforementioned committee for two years. He also stated that he would like to continue to 2 Tuesday May 01, 2018 serve the City of West Covina as a financial consultant. Chris Miller spoke on Items No. 13-17, and expressed concerns regarding the City's budget issues. Mr. Miller also shared his disapproval regarding Item No. 25, and stated that it would be difficult to distinguish whether or not the public speakers actually reside in West Covina. JD thanked Police Chief Taylor for keeping the residents safe and shared his concerns regarding the City's budget. He also expressed concerns regarding prioritizing West Covina speakers over non-residents. An unknown speaker expressed concerns regarding safety and traffic concerns on Amar Road and Westport Street. Frederick Sykes spoke to City Manager Freeland and asked for an update regarding the installation of Americans with Disabilities Act (ADA) compliant wheelchair ramps around City Hall. Mr. Sykes also expressed concerns regarding Mayor Spence's lack of transparency. Mayor Spence and City Manager Freeland gave responses to speaker inquiries. CONSENT CALENDAR APPROVAL OF MEETING MINUTES (receive & file) 1) April 17, 2018 Regular Closed Session Meeting Minutes April 17, 2018 Regular City Council/Successor Agency Meeting Minutes A motion was made by Councilmember Torna and seconded by Councilmember Warshaw to approve the aforementioned meeting minutes. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None CLAIMS AGAINST THE CITY 2) Government Tort Claim Denial It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: • Lorelay Faussier vs. The City of West Covina • Wawanesa Insurance ASO Manuel Gonzalez vs. The City of West Covina • Ernest Hernandez vs. The City of West Covina A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to deny the aforementioned Tort Claims. Motion was carried by a vote of 5-0. 3 Tuesday May 01, 2018 AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None ORDINANCES FOR ADOPTION 3) Replacement and Amendment of West Covina Municipal Code Chapter 8 - Civil Defense and Emergencies with Chapter 8 - Emergency Organization It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2339 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING CHAPTER 8 - CIVIL DEFENSE AND EMERGENCIES WITH CHAPTER 8 - EMERGENCY ORGANIZATION A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to adopt Ordinance No. 2339. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None COMMUNITY & ECONOMIC DEVELOPMENT 4) Auto Plaza Business Improvement District It is recommended that the City Council receive public testimony and file the report. A motion was made by Councilm6mber Toma and seconded by Councilmember Warshaw to receive public testimony and file the report. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 5) Resolution Authorizing Payment and Acceptance of Transfer of Properties and License Agreement from the Successor Agency to the Former West Covina Redevelopment Agency to the City of West Covina It is recommended that the City Council adopt the following resolution to effectuate the purchase of three (3) parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) and transfer of the related License Agreement (APN: 8735-002-018) from the Successor Agency to the former West Covina Redevelopment Agency to the City of West Covina: 4 Tuesday May 01, 2018 RESOLUTION NO. 2018-49 - A RESOLUTION OF THE CITY OF WEST COVINA AUTHORIZING PAYMENT FOR AND ACCEPTANCE OF THREE (3) PARCELS (APN's: 8735-002-906, 8735-002-909, 8735-002-910) AND RELATED LICENSE AGREEMENT (APN: 8735-002-018) FROM THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY A motion was made by Councilmember Toma and seconded by Councilmernber Warshaw to adopt Resolution No. 2018-49. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None FINANCE DEPARTMENT 6) Fiscal Year 2017-18 Budget Amendment It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY I, 2017, AND ENDING JUNE 30, 2018 (Fire Department Overtime and Legal Costs) Councilmember Warshaw pulled Item No. 6 for further discussion, and stated that he would be voting against item. A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to adopt Resolution No. 2018-35. Motion was carried by a vote of 3-2 with Councilmember Toma and Councilmember Warshaw in opposition. AYES: Wu, Johnson, Spence NOES: Toma, Warshaw ABSENT: None 7) Commercial Rental Business License Amnesty Program It is recommended that the City Council approve the Commercial Rental Business License Amnesty Program, as outlined in the staff report. A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to approve the Commercial Rental Business License Amnesty Program, as outlined in the staff report. Motion was carried by a vote of 5-0. 5 Tuesday May 01, 2018 AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None HUMAN RESOURCES 8) Request for Proposals (RFP) for Third-Party General Liability Claims Administration Services and Temporary Contract Extension with Carl Warren & Company It is recommended that the City Council approve the third amendment to the professional services agreement with Carl Warren & Company for Third-Party General Liability Claims Administration Services. A motion was made by CouncilmenTher Toma and seconded by Councilmember Warshaw to approve the aforementioned third amendment to the professional services agreement with Carl Warren & Company for Third-Party General Liability Claims Administration Services. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 9) West Covina Police Management Association Salary Range Correction It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2015 THROUGH JUNE 30, 2019 A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to adopt Resolution No. 2018-48. Motion was carried by a vote of 5-0. AYES: Tom, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None PUBLIC WORKS 10) A Resolution of the City Council of the City of West Covina, California, approving a List of Fiscal Year 2018-19 Projects Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 6 Tuesday May 01, 2018 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING A LIST OF FISCAL YEAR 2018-19 PROJECTS FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to adopt Resolution No. 2018-36. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 11) Award of Contract for the Construction of Azusa Avenue Sewer Lift Station Upgrade - Project No. U-17022 It is recommended that the City Council reject all bids and re-bid the project. A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to reject all bids and re-bid the project. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 12) Release of Faithful Performance Guarantee and Labor and Material Bonds for Tract No. 73043 - City Ventures It is recommended that the City Council accept all on-site improvements for Tract No. 73043 located at 424 S. Lark Ellen Avenue and authorize the release of Faithful Performance and Labor and Material Bonds in the amount of $524,970 and $9,770 respectively. A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to accept all on-site improvements for Tract No. 73043 located at 424 S. Lark Ellen Avenue and authorize the release of Faithful Performance and Labor and Material Bonds in the amount of $524,970 and $9,770 respectively. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 13) Renewal of Landscape Maintenance District No. 4 - Ordering of Engineer's Report and Preliminary Approval of the Engineer's Report, Declaration of Intent to Set a Public Hearing to Fund the Maintenance and Operations of the Improvements with 7 Tuesday May 01, 2018 the District It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2018-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2018-2019 RESOLUTION NO. 2018-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 5, 2018 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Councilman Wu pulled Item No. 13 for further discussion, and requested to vote on Item No. 13, Item No. 14, and Item No. 15 as a group. City Manager Freeland gave a brief overview on Items No. 13, 14, and 15, and stated that there will be no increase in assessments per council direction. A motion was made by Councilman Wu and seconded by Councilmember Warshaw to adopt Resolution No. 2018-38 and Resolution No. 2018-39. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 14) Renewal of Landscape Maintenance District No. 6 - Ordering of Engineer's Report and Preliminary Approval of the Engineer's Report, Declaration of Intent to Set a Public Hearing to Fund the Maintenance and Operations of the Improvements within the Districts It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2018-40 - A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PRUSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2018-2019 8 Tuesday May 01, 2018 RESOLUTION NO. 2018-41 - A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 5, 2018 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE OPERATIOIN AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Councilman Wu pulled Item No. 14 for further discussion. City Manager Freeland gave a brief overview on Items No. 13, 14, and 15, and stated that there will be no increase in assessments per council direction. A motion was made by Councilman Wu and seconded by Councilmember Warshaw to adopt Resolution No. 2018-40 and Resolution No. 2018-41. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 15) Renewal of Landscape Maintenance District No. 7 - Ordering of Engineer's Report and Preliminary Approval of the Engineer's Report, Declaration of Intent to Set a Public Hearing to Fund the Maintenance and Operations of the Improvement within the District It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2018-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2018-2019 RESOLUTION NO. 2018-43- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 5, 2018 FOR LANDSAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE OPERATIOIN AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Councilman Wu pulled Item No. 15 for further discussion. City Manager Freeland gave a brief overview on Items No. 13, 14, and 15, and stated that 9 Tuesday May 01, 2018 there will be no increase in assessments per council direction. A motion was made by Councilman Wu and seconded by Councilmember Warshaw to adopt Resolution No. 2018-42 and Resolution No. 2018-43. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 16) Renewal of the Citywide Lighting and Maintenance District and Preliminary Approval of the Engineer's Report, Declaration of Intent to Set a Public Hearing to Fund the Maintenance and Operations of the Improvements within the District It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2018-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1,2018 RESOLUTION NO. 2018-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 19, 2018 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT Councilman Wu pulled Item No. 16 for further discussion. City Manager Freeland provided a brief overview on Item No. 16. A motion was made by Councilman Wu and seconded by Councilmember Warshaw to adopt Resolution No. 2018-44 and Resolution No. 2018-45. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 10 Tuesday May 01, 2018 17) West Covina Citywide Sewer Service Charge - Set Public Hearing Date on the Method of Collection and Fee Increase It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 19, 2018 TO APPROVE THE SEWER FEE ESTABLISHED BY RESOLUTION NO. 2017-55 FOR FISCAL YEAR 2018-2019 AND TO COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL Mayor Spence pulled Item No. 17 for further discussion. City Manager Freeland gave responses and a brief overview on Item No. 17. A motion was made by Mayor Spence and seconded by Councilmember Warshaw to adopt Resolution No. 2018-46. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 18) Adoption of the West Covina Active Transportation Plan - Statutory Exemption a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion t) Recommendation: It is recommended that the City Council adopt the West Covina Active Transportation Plan. Mayor Spence opened public hearing at 8:05 p.m. City Manager Freeland gave an additional report and overview of the Active Transportation Plan (ATP), and explained that this plan needs to be implemented in order for the City to be considered for any grants. 11 Tuesday May 01, 2018 Public Works Director Consunji shared that the ATP provides both a vision and a strategy for a safer City for pedestrians and motorists, alike. Mr. Consunji also stated that a consultant from Chen Ryan Associates would give a brief presentation regarding additional details concerning the aforementioned plan. Chen Ryan Associates Senior Project Manager Brian Gaze made a PowerPoint presentation and provided an overview of what the ATP will entail, and how it will improve the safety of City road ways for pedestrians, bicyclists, and motorists. Mayor Spence expressed concerns regarding the prioritization of grant money over the safety of the residents. He also inquired about the bus services of the nearby schools and if that data would skew the final recommendations for the ATP. Senior Project Manager Gaze stated that the bus service data was not relevant to the recommendations made by the consulting firm. He also shared that students from each school would have to be surveyed to determine their method of transportation to and from school. In addition, Mi. Gaze expressed that equestrian facilities were not included in the ATP, and that any recreational transportation would be a separate plan. Councilman Wu expressed concerns regarding the width of the proposed bike lanes on Sunset Avenue and Azusa Avenue, and stated that these streets were far too narrow and congested to include a bike lane. Public Works Director Consunji addressed Councilman Wu's concerns and stated that the aforementioned streets were wide enough to include the ATP's proposed bike lanes. The following speakers were in favor of the item: Phil Kaufman Robert Tones The following speakers were in opposition of the item: Jim Grivich Jerri Potras The following speakers were neutral on the item: Chris Miller After seeing no one else wishing to speak from the public, Mayor Spence closed the Public Hearing at 9:16 p.m. and asked Council if they had any additional comments. City Manager Freeland gave further responses to speaker inquiries. Senior Project Manager Gaze gave further responses to Council inquiries. 12 Tuesday May 01, 2018 Mayor Spence expressed concerns regarding the cost of the ATP to be implemented in the City. Councilmember Warshaw shared his concerns regarding the safety for bicyclists on busy streets. City Manager Freeland gave additional responses to City Council inquiries. Public Works Director Consunji stated that if the Council were to approve this item, it is up to their discretion to decide on the order of the priorities for implementation of the ATP. A motion was made by Mayor Spence and seconded by Mayor Pro Tern Johnson to remove Walnut Creek Parkway from the Active Transportation Plan. Motion failed to be approved by a vote of 2-3, with Councilmember Toma, Couneilmember Warshaw, and Councilman Wu in opposition. AYES: Johnson, Spence NOES: Toma, Warshaw, Wu ABSENT: None Councilmember Tama suggested for Council to keep Walnut Creek Parkway in the ATP. Councilmember Warshaw agreed with Councilmember Toma and shared that the Walnut Creek Parkway should be included in the final plan. A motion was made by Councilmember Warshaw and seconded by Councilmember Toma to approve the ATP, with the stipulation that the City Council will decide the order of priorities for said plan. Motion failed to be approved by a vote of 2-3, with Councilman Wu, Mayor Pro Tern Johnson, and Mayor Spence in opposition. AYES: Toma, Warshaw NOES: Wu, Johnson, Spence ABSENT: None A motion was made by Councilman Wu to adopt the West Covina Active Transportation Plan, with the stipulation that bike lanes and routes on Azusa Avenue, Sunset Avenue, Aroma Drive, and around school sites be omitted from the aforementioned plan. Due to a lack of a second motion, item failed to be approved. City Manager Freeland advised Council that a decision regarding this item would not need to be made tonight, but that City staff requires Council direction concerning the next steps for the ATP. A motion was made by Councilman Wu and seconded by Mayor Pro Tern Johnson to adopt the West Covina Active Transportation Plan (ATP) with the deletion of Walnut 13 Tuesday May 01, 2018 Creek Parkway, and the stipulation that bike lanes and routes located on Azusa Avenue, Sunset Avenue, Aroma Drive, and around elementary school sites be omitted from the aforementioned plan. Motion failed to be approved by a vote of 2-3, with Councilmember Toma, Councilmember Warshaw, and Mayor Spence in opposition. AYES: Wu, Johnson NOES: Toma, Warshaw, Spence ABSENT: None Councilmember Warshaw expressed concerns regarding the deletion of bike routes in the City. Councilmember Toma suggested for all Couneilmembers to review the ATP and make a decision regarding the plan at the next City Council Meeting. A motion was made by Councilmember Toma and seconded by Councilmember Warshaw to continue the Public Hearing on the West Covina Active Transportation Plan at the next scheduled Regular City Council Meeting on May 15, 2018. Motion was carried 4-1, with Mayor Spence in opposition. AYES: Toma, Warshaw,Wu, Johnson NOES: Spence ABSENT: None RECESS — Mayor Spence recessed the City Council meeting at 9:50 p.m. and reconvened the meeting at 9:59 p.m. with all Councilmembers present to approve the remaining agenda items. DEPARTMENTAL REGULAR MATTERS' FINANCE DEPARTMENT 19) Appointment of Audit Committee Members It is recommended that the City Council appoint one Council Member and one community member to the City's Audit Committee to serve a two-year term. Councilmember Toma requested to expand the number of members to the Audit Committee and to add the other two applicants to the aforementioned committee as well. Mayor Spence asked Assistant City Attorney Tsai what procedures Council would need to follow in order to honor Councilmember Toma's request. Assistant City Attorney Tsai informed the Council that a Resolution would need to be drafted and brought back to a future City Council Meeting for consideration and approval. 14 Tuesday May 01, 2018 A motion was made by Councilmember Toma and seconded by Mayor Spence to re- appoint Jim Grivich and appoint candidate Marsha Solorio to the Audit Committee for a two-year term each and appoint David Lin for a one-year term. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None Mayor Spence requested for City staff to modify the application form to omit salary and relocation questions for future committee and volunteer applicants. A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to appoint Councilmember Warshaw to the Audit Committee for a two-year term. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 20) Business License Tax Analysis and Ordinance Review It is recommended that the City Council authorize the City Attorney to draft an ordinance amending Chapter 14 entitled "License and Business Regulations" of the West Covina Municipal Code ("Business License Ordinance") that would adopt a new fee structure for business license taxes based upon Gross Receipts - Classification Based Tax Rates and direct staff to prepare necessary documents to allow the City Council to call for an election for voters to consider the amendments to the Business License Ordinance. City Manager Freeland stated a representative from the company HDL and Interim Finance Director Lancaster would give the report for this item. Interim Finance Director Lancaster gave a brief report regarding the Business License Ordinance and stated that a representative from HDL was available to answer any Council inquiries. City Manager Freeland spoke on Item No. 20 and urged Council to approve the aforementioned item in order for the City to collect supplemental revenue from an additional source. Councilman Wu expressed concerns regarding the amount of taxes that business owners would be required to pay and the fiscal impact on West Covina business owners. An HDL Representative spoke on the current business licensing structure of the City and expressed that the amount of tax incurred on a business would directly correlate to the amount of revenue said business receives. He also shared that a secondary option was 15 Tuesday May 01, 2018 available, which included a different tax rate for each business classification. In addition, this option afforded the most flexibility for increasing revenues while accommodating certain business categories. Furthermore, the representative stated that staff recommended the gross receipt option which would benefit the City the most, and was only based on the primary location the business completed their duties in. Councilmember Warshaw shared his concerns regarding the procedure for auditing companies that complete projects in West Covina, but are based outside of the City. A motion was made by Councilmember Warshaw and seconded by Councilmember Tom to approve Option No. 2 of the proposed plan, which is to replace all categories with gross receipts tax. Motion was carried by a vote of 3-2, with Councilman Wu arid Mayor Spence in opposition. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: Wu, Spence ABSENT: None CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 41- 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.) MAYOR MIKE SPENCE 21) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Opposing AB 931 (Weber) Criminal Procedure: Use of Force by Peace Officers It is recommended that the City Council discuss whether or not to take a formal position opposing Assembly Bill (AB) 931 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. Mayor Spence expressed his disapproval of AB 931 and moved to oppose said bill. Councilmember Warshaw requested for the West Covina Police Department to give further explanation of AB 931. Police Chief Taylor gave a brief overview on the aforementioned Assembly Bill and stated that this change would place peace officers in a sudden dangerous predicament. Councilmember Toma expressed concerns regarding the language of AB 931. A motion was made by Mayor Spence and seconded by Councilman Wu to take a formal position opposing AB 931 (Criminal Procedure: Use of Force by Peace Officers) and direct staff to send a letter to the authors, as well as our local legislators of City's formal position. Motion was carried by a vote of 3-0-2 with an Couneilmember Toma and 16 Tuesday May 01, 2018 Councilmember Warshaw abstaining. AYES: Wu, Johnson, Spence NOES: None ABSENT: None ABSTAIN: Toma, Warshaw 22) Request from Mayor Spence for City Council to Discuss Term Limits for City Council It is recommended that the City Council discuss whether or not to consider implementing term limits for City Council. Mayor Pro Tern Johnson expressed approval regarding Item No. 22. City Manager Freeland asked Council if the implementation of term limits would be a ballot measure or an ordinance. Mayor Spence advised City Manager Freeland to confer with City staff to complete additional research to determine if an Ordinance needed to be drafted as well. Councilmember Toma requested for staff to research additional cities to ascertain what their term limits were for City Council members. Councilmember Warshaw asked City staff to research which nearby cities are districts and which ones are at-large. A motion was made by Mayor Spence and seconded by Mayor Pro Tern Johnson to implement term limits for City Council. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None 23) Request from Mayor Mike Spence for City Council to Discuss Taking a Formal Position Supporting AB 1971 (Santiago) Mental Health Services: Involuntary Detention: Gravely Disabled. It is recommended that the City Council discuss whether or not to take a formal position supporting Assembly Bill (AB) 1971 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. A motion was made by Mayor Spence and seconded by Mayor Pro Tern Johnson to take a formal position and support AB 1971 (Mental Health Services: Involuntary Detention: Gravely Disabled) and direct staff to send a letter to the authors, as well as our local legislators of City's position. Motion was carried by a vote of 4-0-1 with Councilmember 17 Tuesday May 01, 2018 Toma abastaining. AYES: Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None ABSTAIN: Toma COUNCILMEMBER COREY WARSHAW 24) Request from Councilmember Warshaw for City Council to Discuss Initiating a Code Amendment to Consider Allowing Off-Site Advertising at the West Covina Auto Plaza It is recommended that the City Council discuss initiating a code amendment to consider allowing off-site advertising at the West Covina Auto Plaza. Councilmember Warshaw spoke on Item No. 24 and shared that all auto dealers who sell new vehicles should be allowed to advertise on the West Covina Auto Plaza sign to help city businesses bring in more revenue. Councilmember Toma expressed concerns regarding the text size of advertisements on the aforementioned sign. Assistant City Manager/Community Services Director Bresciani informed Council that she will forward concerns over to the vendor responsible for posting advertisements on the Auto Plaza sign. A motion was made by Councilmember Warshaw and seconded by Councilman Wu to allow off-site advertising at the West Covina Auto Plaza. Motion was carried by a vote of 5-0. AYES: Toma, Warshaw, Wu, Johnson, Spence NOES: None ABSENT: None COUNCILMAN TONY WU 25) Request from Councilman Tony Wu for City Council to Discuss Prioritizing Residents of West Covina During Oral Communications at City Council Meetings It is recommended that the City Council discuss whether or not to direct the City Attorney to research the ability for City Council to prioritize residents of West Covina during the Oral Communications period at City Council Meetings. . Councilman Wu spoke on Item No. 25 and stated that it should be implemented to allow residents to voice their concerns about their City before non-residents. 18 " Rosalia A>A3tttler; Assistant City Cie& Tuesday May 01,2018 Mayor Spence expressed his disapproval regarding Item No. 25 and stated that the disarray of the Regular City Council Meeting of April 3, 2018 should not be used as a precedence for all future meetings. Councilmember Warshaw shared his disapproval regarding Item No. 25 and expressed that the order of speakers should be up to the Mayor's discretion. A motion was made by Councilman Wu and seconded by Mayor Pro Tern Johnson to prioritize residents of West Covina during the Oral Communications period at City Council Meetings. Motion was carried by a vote of 3-2 with Councilmember Warshaw and Mayor Spence in opposition. AYES: Toma, Wu, Johnson NOES: Warshaw, Spence 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 COMMENTS Councilman Wu requested a staff report for the upcoming Regular City Council meeting of May 15, 2018 regarding the reconsideration of a red curb installation on Orange Avenue between Eldred Avenue and Pacific Lane. Councilmember Warshaw requested to agendize an item approving several tax measures on the upcoming ballot. ADJOURNMENT Mayor Spence adjourned the meeting at 11;10 p.m. 19