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07-17-2018 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JULY 17, 2018, 6:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES Mayor Johnson called to order the Closed Session Meeting of the West Covina City Council at 6:01 p.m. in the City Manager's Conference Room, 1444 W. Garvey Avenue, West Covina, California. ROLL CALL Present: Councilman Mike Spence, Councilmember James Toma, Councilmember Corey Warshaw, Mayor Pro Tern Tony Wu, Mayor Lloyd Johnson Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow (not present during Volasgis Case) Assistant City Manager/Community Services Director Nikole Bresciani, Deputy City Manager Laura Biery, Human Resources Director Edward Macias, Attorney A. Mullen, Attorney M. Castaneda, Police Captain Richard Bell, Police Captain Doug Murray, Community and Economic Development Manager Paulina Morales (only present during Suburban Water presentation), Community and Economic Development Project Coordinator Gerardo Rojas (only present during Suburban Water presentation) PUBLIC COMMENTS ON ITEMS ON THE AGENDA Representative from Suburban Water, George Lopez, spoke during public comments Tuesday July 17, 2018 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN's: 8735-001-933, 8735-002-934 Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow Negotiating Parties: M&A Gabaee Under Negotiation: Price and Terms of Payment CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Eastland Shopping Center Parking Lot (APN: 8451-012-907) Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow Negotiating Parties: DDR and Tesla Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Joshua Volasgis vs. City of West Covina, et al. (Superior Court Case No. BC677342) 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 RECESS — City Council recessed to Open Session at 7:04 p.m. and reconvened the meeting at 11:32 p.m. with all Councilmembers present. 2 salia A. Butler, IMM Assistant City Clerk Tuesday July 17, 2018 ADJOURNMENT Mayor Johnson adjourned the meeting at 12:26 am. 3 CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JULY 17, 2018, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER — Mayor Lloyd Johnson called the meeting to order at 7:10 p.m. INVOCATION — Led by Pastor at Christ's Church of the Valley & West Covina Police Chaplain Dane Johnson PLEDGE OF ALLEGIANCE — Led by Councilman Mike Spence ROLL CALL Present: Councilman Mike Spence, Councilmember James Toma, Councilmember Corey Warshaw, Mayor Pro Tern Tony Wu, Mayor Lloyd Johnson Staff Present: City Manager Chris Freeland, Assistant City Manager/Community Services Director Nikole Bresciani, Deputy City Manager Laura Biery, City Attorney Kimberly Hall Barlow, Public Works Superintendent Micah Martin, Assistant City Engineer Monica Heredia, Human Resources Director Edward Macias, Assistant City Clerk Rosalia Butler, Public Works Project Supervisor Miguel Hernandez, Police Captain Doug Murray, Fire Chief Larry Whithom, Police Administrative Services Manager Alex Houston, Community and Economic Development Manager Paulina Morales, Planning Director Jeff Anderson, Maintenance Worker I Sammy Arvizu, Maintenance Worker 1 Tony Saldana, Public Works Concrete Lead Worker Miguel Tuesday July 17, 2018 Rueff, Maintenance Worker Jose M. Rueff, Maintenance Worker I Ricardo Ulloa, Public Works Parks Lead Worker Sean Hanrahan, Maintenance Worker II Maria Delgado, Maintenance Worker I Mark Busch, Maintenance Worker Octavio Aguilar, Public Works Maintenance Lead Worker Ed Hidalgo, Public Works Equipment Operator Jayson Tello, Maintenance Worker II David Olague, Maintenance Worker II Brian Biddulph, Maintenance Worker II Armando Robles, Maintenance Worker I Jorge Negrete, Public Works Senior Maintenance Worker Manny Patlan, Maintenance Worker I Jeffrey Arceo, Public Works Senior Maintenance Worker Ed Rachal, Maintenance Worker I Nick Preciado, Labor Representative Bruce Yarwood REPORTING OUT FROM CLOSED SESSION City Attorney Hall Barlow indicated that no reportable action was taken, but that Council will be returning to Closed Session after the conclusion of the Regular City Council Meeting. CHANGES TO THE AGENDA City Manager Freeland indicated that while there were no changes to the agenda, there was a correction on one of the attachments for Item No. 15. PRESENTATIONS Welcome and Certification of Recognition for Fengtai No. 2 Middle School of Fengtai District, Beijing RECESS — Mayor Johnson called for a five-minute break at 7:27 p.m. to dismiss the school children and reconvened the meeting at 7:31 p.m. with all Councilmernbers present. Recognition of Volunteers of the Year ORAL COMMUNICATIONS - Five (5) minutes per speaker Jorge Negrete expressed concerns regarding the layoffs in the Public Works Maintenance Department. Sammy Arvizu spoke on the Maintenance Department and expressed concerns related to the budget cuts and their impact on the City. Bruce Yarwood shared his concerns regarding the layoffs in the Public Works Maintenance Department. Gary Gileno expressed his concerns and stated his disapproval regarding Item No. 10. 2 Tuesday July 17, 2018 Chris Miller shared his concerns regarding the City's budget and the proposed homeless plan. Herb Redholtz commended City staff on the 4 th of July event presented at Big League Dreams and suggested for the allowance of billboards along the 10 Freeway to generate additional revenue for the City. John Shewmaker expressed concerns regarding the layoffs of the Maintenance Department employees and shared his concerns pertaining to the Glendora Avenue Project. Bill Robinson asked the City Council to reconsider the layoffs in the Maintenance Department and suggested for the City staff to implement mandatory furloughs within City Hall. 13111 Elliott spoke on the recent shooting that occurred on Amar Road and Lark Ellen Avenue and expressed concerns regarding the layoffs in the Maintenance Department. Mr. Elliott also spoke on the declining fiscal state of the City and suggested that City staff make additional cuts within City Hall. City Manager Freeland gave responses to speaker inquiries. Mayor Johnson made an adjournment motion in memory of West Covina resident, John L. Nichols. CONSENT CALENDAR APPROVAL OF MEETING MINUTES (receive & file) 1) June 19, 2018 Closed Session Meeting Minutes June 19, 2018 Regular City Council/Successor Agency Meeting Minutes A motion was made by Councilman Spence and seconded by Councilmember Warshaw to approve the aforementioned meeting minutes. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson 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 Claim and the claimant be notified: Jesse Miller vs. The City of West Covina 3 Tuesday July 17, 2018 A motion was made by Councilman Spence and seconded by Councilmember Warshaw to deny the aforementioned claim. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None INVESTMENT REPORT (receive & file) 3) City Investment Report for the Month Ended May 31, 2018 It is recommended that the City Council receive and file the Investment Report for the month ended May 31, 2018. A motion was made by Councilman Spence and seconded by Councilmember Warshaw to receive and file the Investment Report for the month ended May 31, 2018. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None 4) Successor Agency Investment Report for the Month Ended May 31, 2018 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 May 31, 2018. A motion was made by Councilman Spence and seconded by Councilmember Warshaw to receive and file the Investment Report for the month ended May 31, 2018. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None COMMUNITY ECONOMIC DEVELOPMENT 5) Excusive Negotiation Agreement with Starwood Retail Partners LLC for City Owned Parcels Located at the Plaza West Covina Mall (APN No.'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) It is recommended that the City Council approve a twelve-month extension to the Exclusive Negotiation Agreement (ENA) with Starwood Retail Partners LLC, through October 14, 2019 and authorize the City Manager to execute a Deposit and 4 Tuesday July 17, 2018 Reimbursement Agreement for the reimbursement of staff time and expenses associated with the negotiation of a Disposition and Development Agreement (DDA). A motion was made by Councilman Spence and seconded by Councilmember Warshaw to approve a twelve-month extension to the Exclusive Negotiation Agreement (ENA) with Starwood Retail Partners LLC, through October 14, 2019 and authorize the City Manager to execute a Deposit and Reimbursement Agreement for the reimbursement of staff time and expenses associated with the negotiation of a Disposition and Development Agreement (DDA). Motion was carried by a vote of 5-0. AYES: Spence, Tom, Warshaw, Wu, Johnson NOES: None ABSENT: None COMMUNITY SERVICES DEPARTMENT 6) EDI Media Inc. City Sponsorship Request It is recommended that the City Council provide staff direction. Mayor Pro Tern Wu pulled Item No. 6 for further Council discussion. Assistant City Manager/Community Services Director Bresciani provided a brief overview on Item No. 6 and stated that EDT Media was requesting to present a film week kick-off event at Edwards Theatre. She also stated that EDI Media would be bearing the cost for the majority of the event but was asking the City to waive the special events permit fee and to work with the theatre to receive a more affordable rate. Mayor Pro Tern Wu suggested for the screening of international films to cater to all demographics within the City. He also stated that ED! Media had a non-profit organization that wanted to donate 50% of ticket proceeds to the City and nearby schools. Assistant City Manager/Community Services Director Bresciani clarified that while EDT Media had a non-profit organization, they would not be operating said organization under the company name of EDT Media. However, the for-profit company would be donating 50% of the ticket proceeds to the West Covina Unified School District for the Shop Local Program. Councilmember Toma expressed approval regarding the proposed film festival and stated that the City should promote the aforementioned event. However, he expressed his concerns regarding the fee waiver and stated that the nominal fee would not affect such an affluent company. In addition, Mr. Tama also asked Assistant City Manager/Community Services Director Bresciani to clarify how many nights the proposed festival would occur in West Covina. Assistant City Manager/Community Services Director Bresciani clarified that the 5 Tuesday July 17, 2018 proposed event would only be held for one night in West Covina, as it is the kick-off event to the entire festival. Mayor Pro Tern Wu asked how much the special events fee would cost the City and stated that he would bear the cost of the permit fee in order to promote the City of West Covina as well as the proposed film festival. Assistant City Manager/Community Services Director Bresciani indicated that the Planning Department had specified the special events permit fee would be $500. A motion was made by Mayor Pro Tern Wu and seconded by Councilmember Warshaw to approve the EDT Media Inc, sponsorship request with the stipulation that Mayor Pro Tern Wu pay the $500 special events permit fee. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None POLICE DEPARTMENT 7) Appropriating Reimbursable 2016 State Homeland Security Grant Funds for Public Safety Digital Radio Infrastructure Components It is recommended that the City Council take the following actions: 1) Accept and appropriate the reimbursable 2016 State Homeland Security Grant totaling $1,803,903 in expenditures and revenues, and authorize the City Manager to execute all agreements related to this task force; and 2) Dispense with the bidding process and find that Motorola Solutions is the sole source for the procurement of a Motorola Astro-25 Digital Trunked Simulcast Public Safety Radio Site and for service upgrades on two existing Motorola Astro-25 Sites, totaling $998,980; and 3) Adopt the following resolution authorizing the necessary budget amendment: RESOLUTION NO. 2018-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2018, AND ENDING TUNE 30, 2019 (2016 State Homeland Security Grant) A motion was made by Councilman Spence and seconded by Councilmember Warshaw to take the following aforementioned actions and adopt Resolution No. 2018-93. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None 6 Tuesday July 17, 2018 8) Renewal of County of Los Angeles Food Services Agreement for Jail Facility It is recommended that the City Council authorize the City Manager, or his designee, to execute a five-year renewal Food Services Agreement between the County of Los Angeles and the West Covina Police Department for its jail facility, for the term beginning July 1, 2018, through June 30, 2023. A motion was made by Councilman Spence and seconded by Councilmember Warshaw to authorize the City Manager, or his designee, to execute a five-year renewal Food Services Agreement between the County of Los Angeles and the West Covina Police Department for its jail facility, for the term beginning July 1, 2018, through June 30, 2019. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None 9) Law Enforcement Tobacco Grant It is recommended that the City Council take the following actions: 1) Accept the Law Enforcement Tobacco Grant and authorize the City Manager, or his designee, to execute all grant related documents; and 2) Adopt the following resolution authorizing the necessary budget amendments: RESOLUTION NO. 2018-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2018, AND ENDING JUNE 30, 2019 (Tobacco Law Enforcement Grant) A motion was made by Councilman Spence and seconded by Councilmember Warshaw to take the aforementioned actions and adopt Resolution No. 2018-95. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None PUBLIC WORKS 10) Bike Share Program - Participation Letter It is recommended that the City Council authorize the City Manager to send a letter of participation to the San Gabriel Valley Council of Governments to implement a regional bike share system in the San Gabriel Valley. 7 Tuesday July 17, 2018 Mayor Johnson pulled Item No. 10 for further Council discussion and expressed his disapproval regarding said item. City Manager Freeland stated that Christian Cruz, a representative from the San Gabriel Valley Council of Governments (SGVCOG), was available to answer any Council inquiries. Mr. Cruz gave a brief overview on the proposed Bike Share Program and stated that all cities who participated in the program could adjust it to better fit the needs of their own community. He also stated that a Request for Proposal (RFP) would be released to find vendors to oversee and run the aforementioned program and stated that the California Transportation Commission (CTC) grant would be utilized to cover the cost of the aforementioned program. In addition, he also indicated that all bicycles were maintained by the for-profit agency who would be conducting the program and that the City Council could decide where the bicycles would be located. Councilmember Warshaw expressed concerns regarding the location the bicycles would be stored in after use and asked if the City could enforce rules to ensure bikes were not left in random locations within the City. SGVCOG representative Cruz indicated that the City Attorney could draft an agreement in order to ensure the rules implemented by the City Council were adhered to by the agency who oversaw the program. In addition, if the agency did not comply, they would incur penalty fees to the City. City Attorney Hall Barlow stated that any adjustments or rules made by Council to the agreement with the party in question would be subject to negotiations. She also stated that the bicycles should be placed in locations where they were necessary and would be utilized the most. Councilman Spence asked how an RFP could be released when the companies did not know the City requirements for the proposed project. Mr. Cruz clarified that the RFP would be released in order to find vendors to manage the Bike Share Program, and then the agreement would be negotiated by the City and the selected vendor. He also indicated that the draft RFP would contain any restrictions of the program, and if the Council should request any changes to be made in the draft format, they were able to do so at this time. Councilman Spence expressed concerns regarding the effectiveness of the bicycles being located near shopping centers where an individual was limited to the amount of goods one can carry while on a bicycle. He also asked if the bicycles could be taken beyond City limits and shared his concerns regarding the return procedure for bikes taken out of the City. Assistant City Engineer Heredia and Mr. Cruz clarified that since the proposed program was also being proposed in nearby cities as well, the bicycle could be left in a nearby city if the individual wished to do so. Mr. Cruz also clarified that the individual renting the 8 Tuesday July 17, 2018 bike would be responsible for the fees incurred and would be able to ride the bicycle wherever they desired, even in cities without the proposed program. Councilmember Toma indicated that there was a demand for the proposed program with the younger generation and expressed his approval regarding Item No. 10. Mayor Pro Tern Wu expressed concerns regarding the safety for bicyclists in the City. A motion was made by Mayor Johnson and seconded by Councilman Spence to reject the proposed Bike Share Program. Motion was carried by a vote of 3-2, with Councilmember Toma and Councilmember Warshaw in opposition. AYES: Spence, Wu, Johnson NOES: Toma, Warshaw ABSENT: None 11) Acceptance of Public Improvements for the Installation of City Hall Stairway Enclosures (Project No. BP-17013) It is recommended that the City Council take the following actions: 1) Accept the City Hall Stairway Enclosures - Project No. BP-17013; 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. Mayor Pro Tern Wu pulled Item No. 11 for further Council discussion and expressed his disapproval regarding the aforementioned item. Mayor Johnson stated that the improvements have already been completed in City Hall and the item was on the agenda to authorize the release of retention funds. A motion was made by Councilman Spence and seconded by Mayor Johnson to fulfill the terms of the City's contract and take the aforementioned actions. Motion was carried by a vote of 4-1, with Mayor Pro Tern Wu in opposition. AYES: Spence, Toma, Warshaw, Johnson NOES: Wu ABSENT: None ' 12) Release of Faithful Performance and Warranty Assignment of Deposit for Precise Plan No. 16-05 - LTG South Hills LLC It is recommended that the City Council accept all on-site and off-site improvements for Precise Plan No. 16-05 located at 1428 S. Azusa Avenue and authorize release of the 9 Tuesday July 17, 2018 Faithful Performance and Warranty Assignment of Deposit in the amount of $334,872. A motion was made by Councilman Spence and seconded by Councilmember Warshaw to accept all on-site and off-site improvements for Precise Plan No. 16-05 located at 1428 S. Azusa Avenue and authorize release of the Faithful Performance and Warranty Assignment of Deposit in the amount of $334,872. Motion was carried by a vote of 5-0. AYES: Spence, Torna, Warshaw, Wu, Johnson NOES: None ABSENT: None 13) Release of Faithful Performance Guarantee and Labor and Material Bonds for Precise Plan No. 15-05 - MB Fuel, Inc. It is recommended that the City Council accept all on-site and off-site improvements for Precise Plan No. 15-05 located at 1200 S. Glendora Avenue and authorize the release of Faithful Performance and Labor and Material Bonds in the amount of $44,270 and $20,000, respectively. A motion was made by Councilman Spence and seconded by Councilmember Warshaw to accept all on-site and off-site improvements for Precise Plan No. 15-05 located at 1200 S. Glendora Avenue and authorize the release of Faithful Performance and Labor and Material Bonds in the amount of $44,270 and $20,000, respectively. Motion was carried by a vote of 5-0. AYES: • Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 14) Code Amendment No. 17-02 Downtown Plan and Code General Exemption a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is Planning Commission and staffs recommendation that the City 10 Tuesday July 17, 2018 Council introduce and waive further reading of the following ordinance: ORDINANCE NO. 2443 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE DOWNTOWN PLAN AND CODE Mayor Johnson opened the public hearing. Planning Director Anderson provided a brief overview regarding the Downtown Plan and Code and stated that City staff recommended revisions to the current code. Councilmember Warshaw asked Planning Director Anderson to explain the difference between a medical building and a hospital. Planning Director Anderson stated that hospital buildings were under state law and the City was prohibited from reviewing these buildings, however, the City was allowed to review medical buildings to ensure they were up to code. City Attorney Hall Barlow clarified that while the City would still have land use and zoning control over the hospitals in West Covina, the state architect had control over the architecture and building of any hospitals within the City. Councilman Spence asked Planning Director Anderson to confirm whether or not there was a ban on the construction of any drive-through businesses located between Glendora Avenue and West Covina Parkway. Mr. Spence also indicated that the aforementioned area was the only section of the Downtown Plan that City staff recommended to ban the construction of drive-throughs and asked for clarification of the previous votes pertaining to the Downtown Plan and Code at the Regular City Council Meeting that occurred on December 20, 2016. Planning Director Anderson indicated that there was nothing in the Downtown Code prohibiting drive-through businesses, however, there were supposed to be shop front windows on businesses located on Glendora Avenue, which would make having both improbable. He also stated that if Council wished to add the removal of the ban in the proposed amended Downtown Code, to include it with the motion so that staff could add the additional modification in the final code. RECESS - City Manager Freeland called for a brief recess at 9:07 p.m. in order for City staff to compile additional information regarding the proposed Downtown Plan and Code. Mayor Johnson reconvened the meeting at 9:12 p.m. with all Councilmembers present. City Manager Freeland expressed that the minutes from the December 20, 2016 Regular City Council Meeting revealed that a motion was made by Mayor Johnson and seconded by Councilman Spence to only allow drive-through businesses in the downtown area through a conditional use permit (CUP) process only. In addition, Mr. Freeland indicated that an amendment to said motion was made by Councilmember Warshaw to allow drive- 11 Tuesday July 17, 2018 through businesses outside of the perimeters of Glendora Avenue from the San Bernardino Freeway to West Covina Parkway by the CUP process only. Furthermore, he also specified that the aforementioned amendment and motion were approved with a vote of 3-2, with Couneilmember Toma and Mayor Pro Tern Wu in opposition. Mayor Johnson opened the public testimony portion of the public hearing. After seeing no one wishing to speak, Mayor Johnson closed the public testimony portion of the public hearing and asked Council if they had any additional comments. Councilman Spence indicated that the original plan for a two- year exclusion regarding the ban on drive-through construction on Glendora Avenue through West Covina Parkway should be implemented in the proposed Downtown Plan and Code. Planning Director Anderson clarified that if a new business were to buy out a business with an existing drive-through already attached in this area, they would be able to use the previous approval for the CUP provided it fell within the two-year timeframe. However, Mr. Anderson also stated that if that same business bought out the previous business after the two-year timeframe, they would need to obtain a new CUP from the City. He also indicated that any business could propose the construction of a drive-through businesses anywhere within the City, except on Glendora Avenue. Councilman Spence asked for clarification regarding the building regulations for homes located in the downtown area. Mayor Pro Tern Wu asked Planning Director Anderson if night clubs are allowed along Glendora Avenue. He also inquired about the allowed signage types for businesses located in the City. Planning Director Anderson clarified that while there were currently no night clubs built in the downtown area, West Covina allowed bars with live music and entertainment. He also clarified that while some reader board signs were allowed in the City, they were limited. Councilman Spence asked for clarification regarding the non-residential parking requirements proposed in the Downtown Plan. Planning Director Anderson stated that the Planning Commission recommended that the changes in parking requirements should only apply to new businesses within the downtown area. In addition, he indicated that if the parking requirements applied to all buildings within the City, the West Covina Plaza would automatically reduce their parking requirement by 35% to meet the proposed 0.65 of cumulative parking standards and would be allowed to build supplementary buildings without providing any additional parking. Therefore, Mr. Anderson expressed that this would be a cause for concern for many surrounding shopping centers, as it would not allow for ample parking for consumers. 12 Tuesday July 17, 2018 Councilman Spence expressed concerns regarding the modification of the 0.65 parking requirement for existing businesses that were not classified as an urban area. Councilmember Toma clarified that the 0.65 requirement will only apply to new buildings constructed within the downtown area to comply with Downtown standards and the proposed code. Planning Director Anderson explained the difference between surface area parking lots versus a parking structure. Councilmember Warshaw stated that one of the reasons for the 0.65 parking requirement was because the majority of parking areas in the downtown zone were not being fully utilized by consumers. Mayor Pro Tern Wu asked for clarification from Planning Direction Anderson regarding the proposed allowance of massage parlors in the City. Planning Director Anderson stated that Starwood, the company that operated the Plaza at West Covina, requested for the allowance of massage parlors in the City. He also indicated that the City had the right to revoke any business that did not operate in a correct manner or comply with security standards. Councilmember Warshaw asked if the number of massage parlors could be limited in the downtown area. City Attorney Hall Barlow indicated that while the limitation regarding the quantity of massage parlors in the downtown area had not been researched, they were allowed by a CUP, which could be restricted on a case by case basis A motion was made by Councilman Spence and seconded by Mayor Pro Tern Wu to adopt Ordinance No. 2443, with the exclusion of the parking requirement proposed in the Downtown Plan. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None Councilmernber Warshaw commended both City staff and the Planning Commission on the latest revision of the Downtown Plan and Code. A motion was made by Councilman Spence and seconded by Mayor Pro Tern Wu to send the parking requirement proposed in the Downtown Plan and Code back to the Planning Commission for further discussion and modification. Motion was carried by a vote of 4-1, with Councilmember Toma in opposition. 13 Tuesday July 17, 2018 AYES: Spence, Warshaw, Wu, Johnson NOES: Toma ABSENT; None Councilmember Toma expressed disapproval regarding Councilman Spence's proposed motion. City Manager Freeland indicated that if the aforementioned motion was approved, then the Planning Department would need to draft a new Code Amendment for Council approval at a future meeting. 15) West Covina Citywide Lighting and Maintenance District Public Hearing a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council adopt the following resolution, which provides for the Citywide Lighting and Maintenance District assessment rates to be maintained at their current levels: RESOLUTION NO. 2018-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING AND ADOPTING THE ENGINEER'S REPORT AND APPROVING THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND STREET TREES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEAR BEGINNING JULY I, 2018 Mayor Johnson opened the public hearing. City Manager Freeland gave a brief overview on Item No. 15 and informed Council that per staff recommendations, there should not be an increase in the assessment rates for the Citywide Lighting and Maintenance District. Councilmember Warshaw asked City Manager Freeland that since there was a decrease in the City's budget for Willdan Engineering, Mr. Warshaw inquired if it would be necessary for an outside agency to perform the work for the City. City Manager Freeland clarified that the budget for Willdan Engineering had decreased due to the remaining projects for the year being finalized for the year, however, moving forward, all future engineering projects would be completed by City staff. Mayor Johnson opened the public testimony portion of the public hearing. 14 Tuesday July 17, 2018 The following speaker was in favor of the item: Sammy Arvizu After seeing no one from the public wishing to speak, Mayor Johnson closed the public testimony portion of the public hearing and asked Council if they had any additional comments. Councilman Spence asked why the previous two staff reports recommended a 2% increase in assessments while Item No. 15 does not recommend an increase of any kind. City Manager Freeland explained that City management determined that an increase was not necessary as there were currently more than 50% of reserves available. A motion was made by Councilman Spence and seconded by Councilmember Warshaw to adopt Resolution No. 2018-82. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None RECESS — Mayor Johnson called for a brief recess at 10:01 p.m. in order for City staff to prepare the upcoming presentation. Mayor Johnson reconvened the meeting at 10:07 p.m. • with all Councilmembers present. DEPARTMENTAL REGULAR MATTERS COMMUNITY SERVICES DEPARTMENT 16) Homeless Plan It is recommended that the City Council take the following actions: 1) Approve the Homeless Plan; and 2) Authorize the resubmittal of the Homeless Plan to the County of Los Angeles (pending any revisions); and 3) Authorize staff to explore applying for additional funding to support implementation of the Homeless Plan. Assistant City Manager/Community Services Director Bresciani provided a brief presentation detailing the City's plan to combat homelessness. She also included a brief overview on the history of homelessness within the City and discussed the four goals to prevent homelessness. She also stated that Brian Gruters, a consultant from LeSar Development (LDC) and Jan Sicco, Regional Homeless Coordinator from the SGVCOG were available to answer any Council or public inquiries or address any concerns. 15 Tuesday July 17, 2018 Mayor Pro Tern Wu asked how many homeless people reside in the City and inquired about the percentage of homeless people who were requesting for assistance versus those who refuse aid of any kind. He also asked about the amount of funding the City is eligible to receive in order to implement the proposed plan. Assistant City Manager/Community Services Director stated that there are 270 unofficial homeless individuals residing in the City, and that the number would vary once the count had been verified by City staff. She also indicated that City staff had identified three issues that were barriers in which a homeless individual would refuse to get help which included: mental health issues, substance abuse, and an apathetic attitude towards personal responsibilities. In addition, Mrs. Breseiani stated that substance abuse and the affordability of housing were the main factors that attributed to homelessness within the City. Furthermore, she shared that the funding for this plan would be an issue, due to the fiscal challenges of the City. However, she declared that the City needed to take action to rectify the homelessness issue and could look to a variety of government grants to fund the proposed plan. Mayor Pro Tern Wu expressed concerns regarding the procedure of helping those homeless individuals who request assistance, versus those who refuse the help and asked how to differentiate between the two types. Assistant City Manager/Community Services Director clarified that the program would provide services to assist those in need and would work with nearby cities in a concerted effort to prevent homelessness. Mayor Pro Tem Wu asked how the City would receive the revenue necessary to fund the proposed plan. SGVCOG Regional Homeless Coordinator Sicco indicated that the CEO of the Los Angeles County Board of Supervisors expects to release an RFP for the cities to apply for approximately around August 15, 2018. She also stated that the work was currently being completed to formulate a determination as to what the possible funding allocation could look like. Furthermore, she indicated that a campaign was currently being launched by the SGVCOG and nearby cities in order to develop a plan for cities to receive adequate funding from Measure H for the proposed plan. Councilman Spence asked for clarification regarding the action City staff is asking the Council to take and asked what funds would be utilized to fund the proposed plan. He also expressed concerns regarding the exclusion of faith-based organizations in the aforementioned plan, Assistant City Manager/Community Services Director Breseiani established that the City had some funding available through Community Development Block Grants (CDBG) and housing funds. She also clarified that staff was not requesting for any additional funds from the General Fund to be utilized towards this program. In addition, she indicated that the City included all faith-based organizations in the community input sessions, and 16 Tuesday July 17, 2018 consider said organizations as stakeholders, but could edit the language in the final plan to refer to them as faith-based groups instead. Councilmember Toma expressed that faith-based organizations are integral to combat homelessness and provide a multitude of services to those in need. He also asked for clarification concerning the sub-committee formed by the Community and Senior Services Commission, and inquired if a smaller unit, like a faith-based organization, could be utilized to establish housing for homeless individuals. Assistant City Manager/Community Services Director Bresciani indicated that City staff would conduct further research to acquire possible partnerships with any nearby cities, stakeholders, or organizations to implement the proposed Rapid Re-housing program for homeless individuals. She also expressed that many faith-based organizations were involved in the rehabilitation of those in need and indicated that the education component of homelessness was important to the proposed plan's outcome. Councilman Spence stated that there were many misconceptions about homelessness and expressed concerns regarding those individuals who were just above the poverty line who reside in hotels and were not given the assistance they required. LeSar Development Representative Gruters addressed Councilman Spence's concerns and discussed the priority of utilizing shelters, whether it be a physical shelter or a hotel voucher and indicated that the goal of the proposed plan is to find the individual a permanent residence. Coordinator Sicco clarified that families who resided in motels were required to vacate every 28 days and it was more cost-effective to live in an apartment rather than a motel. She also stated that it was a temporary solution until a more permanent residence could be located for those in need. Mr. Gruters spoke on the coordinated entry system which was also a part of the proposed Rapid Re-Housing program and would be funded by Los Angeles County. Councilmember Warshaw asked if the City had kept track of the amount of Measure H funds utilized to assist the homeless individuals in the City. Assistant City Manager/Community Services Director Breseiani indicated that due to the confidential nature of Councilmember Warshaw's request, the City did not have the records in question. Mr. Gruters added that it was possible to track those individuals in the program who stated that they were from West Covina, as well as track the services the City was providing to those in need. Councilmember Warshaw stated that of the unverified 278 homeless individuals who currently resided in the City, 72% were able to take part in the Rapid Re-housing program, 17 Tuesday July 17, 2018 however, not all of these people wanted to participate in the aforementioned program and refused the help. Mr. Warshaw asked Assistant City Manager/Community Services Director Bresciani if the City had a record of how many homeless people utilized the Rapid Re-Housing Program in 2017. Assistant City Manager/Community Services Director Bresciani indicated that while she does not have a current report with the information requested, the last report she received was from a couple of months ago and it showed that four people entered the Rapid Re- Housing Program in the City. Councilmember Warshaw asked Assistant City Manager/Community Services Director Bresciani for the total amount of City funds utilized toward the homeless population. Assistant City Manager/Community Services Director Bresciani specified that $1 million in funds, contributed by Public Safety and CDBG grants, were utilized towards the homelessness program in the last year. She also indicated that once she received a more detailed and updated report from the county, she would formulate a staff report with the additional information for Council consideration at a later date. Furthermore, she also stated that $100,000 in county funding was needed for the City to hire a Case Manager to assist those in need and to help them enroll in any services they may require. Councilmember Warshaw expressed concerns regarding the proposed amount necessary for additional staffing. SGVCOG Coordinator Sicco indicated that with the proposed plan, it would be a more comprehensive program and would possess a tracking tool to enable the City to review the success rate, and to enhance the current plan that had already been implemented. In addition, she stated that if the proposed homelessness plan was successful, additional county funds could be used to further enhance said plan. Councilmember Warshaw asked if there was a tracking record available detailing the number of people who have come into City Hall or the Police Department and asked for assistance. Assistant City Manager/Community Services Bresciani addressed Councilmember Warshaw's inquiry and stated that there was no record available detailing this number. Mayor Johnson expressed approval regarding the addition of a Case Manager in City Hall. Councilmember Toma expressed his approval regarding the Rapid Re-Housing Program. Mayor Pro Tern stated that homelessness is an epidemic and shared that the City needs to rectify the issue at hand. In addition, Mr. Wu expressed his approval regarding the proposed plan. A motion was made by Mayor Johnson and seconded by Mayor Pro Tern Wu to approve 18 Tuesday July 17, 2018 all the aforementioned actions. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None AB1234 Conference and Meeting Report (verbal, if any) Councilman Spence attended the San Gabriel Valley Public Affairs Network Washington Update Luncheon. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION MAYOR LLOYD JOHNSON 17) Request from Mayor Lloyd Johnson for City Council to Discuss Taking a Formal Position Supporting HR 113 Relative to Piquits Resolution It is recommended that the City Council discuss whether or not to take a formal position supporting House Resolution (UR) 113 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. Mayor Johnson gave a brief overview regarding HR 113 and expressed his approval regarding Item No. 17. A motion was made by Mayor Johnson and seconded by Mayor Pro Tern Wu to take a formal position supporting House Resolution (HR) 113 and direct staff to send a letter to the authors, as well as our local legislators. Motion was carried by a vote of 5-0. AYES: Spence, Toma, Warshaw, Wu, Johnson NOES: None ABSENT: None CITY COUNCIL COMMENTS Councilman Spence asked City staff to agendize a report regarding all firework violations in the City. ADJOURNMENT A motion was made by Mayor Johnson to adjourn the Regular City Council Meeting and re-open the Closed Session Meeting at 11:25 p.m. 19 kosalia A. Bitile?;MMC Assistant City Clerk 20