JANUARY 27, 2016 – CC/WHA WALNUT CITY COUNCIL MEETING CALL TO ORDER: Mayor Pacheco called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE: M/Pacheco led the flag salute. ROLL CALL: PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: M/Pacheco, MPT/Su, C/Cartagena, C/Ching, C/Tragarz None Also present were City Manager Wishner; Administrative Services Director Ogawa; Community Development Director Weiner; Community Services Director Rooney; City Attorney Montgomery; Finance Office Santos, Senior Management Analyst Huerta; Senior Management Analyst Layman, Senior Management Analyst Womble, and Administrative Assistant Markel. INVOCATION - NON-DENOMINATIONAL: of the First Evangelical Church of Diamond Bar. PRESENTATIONS: The invocation was led by Pastor Ben Pun None scheduled. ORAL COMMUNICATIONS FOR THE CITY COUNCIL: Layla Abou-Taleb shared information regarding the United Walnut Taxpayers’ lawsuits related to the proposed parking structure and solar farm at Mt. San Antonio College (Mt. SAC). She requested that Council allow the information on Mt. SAC projects prepared by the Mt. SAC Development Task Force to be placed on the City website. Council requested that an item be place on the next agenda regarding the information prepared by the Mt. SAC Development Task Force There being no one present wishing to speak during oral communications, it was moved by MPT/Su to close oral communications; seconded by C/Ching. Motion carried. MINUTES: 1. Approval of the January 13, 2016 City Council Meeting Minutes. January 27, 2016 - Minutes Page 1 JANUARY 27, 2016 – CC/WHA MOTION ON ITEM 1 MPT/Su made a motion to approve Item 1; seconded by C/Tragarz. Motion carried by the following electronic vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS: Cartagena, Ching, Pacheco, Su, Tragarz COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None PUBLIC HEARINGS: 2. Ordinance No. 16-01: Imposing an Express Ban on Marijuana Cultivation, Processing, Delivery, and Dispensaries Recommendation: That the City Council: 1. Hear the staff report; 2. Open the Public Hearing to solicit input on this item; 3. Close the Public Hearing; and 4. Adopt Ordinance 16-01, “An Ordinance of the City Council of the City of Walnut, California, County of Los Angeles, Amending Walnut Municipal Code Title III, to Establish Chapter 17D (Medical Marijuana), imposing an express ban on marijuana cultivation, processing, delivery, and dispensaries.” SMA/Womble presented a staff report. Council opened the public hearing to solicit input from the public. There being no one present wishing to speak during the public hearing, it was the consensus of Council to close the public hearing. C/Cartagena inquired if the City had any existing marijuana dispensaries, to which CDD/Weiner stated that there was not. MOTION ON ITEM 2 MPT/Su made a motion to adopt Item 2; seconded by C/Ching. Motion carried by the following electronic vote: AYES: NOES: ABSTAIN: ABSENT: ORDINANCES: COUNCILMEMBERS: Cartagena, Ching, Pacheco, Su, Tragarz COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None None scheduled. January 27, 2016 - Minutes Page 2 JANUARY 27, 2016 – CC/WHA COUNCIL CONSENT CALENDAR: Items 7 and 8 were pulled for discussion. 3. Resolution No. 16-04 - “A Resolution of the City of Walnut Allowing Certain Claims and Demands in the Amount of $581,050.00, Demand No. 150169 through No. 150257, Both Inclusive.” Recommendation: 4. That the City Council adopt Resolution No. 16-04. Resolution No. 16-05 - Authorizing City Application for all Eligible CalRecycle Payment Programs. Recommendation: That the City Council approve Resolution No. 16-05: 1. Authorizing the submittal of applications to CalRecycle for eligible City Payment Program opportunities until said Resolution is rescinded; and 2. Authorizing the City Manager, or his designee, to execute all necessary applications, contracts, payment requests, agreements and amendments for the purposes of securing CalRecycle City Payment Program funding. 5. First Amendment to Purchase and Sale Agreement by and Between the City of Walnut and CalAtlantic Group Inc. (Formerly Standard Pacific) Recommendation: It is recommended that the City Council approve the First Amendment to the Purchase and Sale Agreement by and between the City of Walnut and CalAtlantic Group, Inc. (formerly Standard Pacific) 6. Appropriation of CalRecycle Beverage Recycling Grant Funds Recommendation: That the City Council appropriate an additional $184.00 of CalRecycle Beverage Container Recycle Grant Program funds to account 335605-8410 (Recycling Grant account). 9. Waiver of Parking Restrictions on La Puente Road for a Special High School Event Recommendation: It is recommended that the City Council approve the request for a waiver of the parking restrictions along La Puente Road between Pierre Road and Gartel Drive for a “Mini-University” professional development event at Walnut High School on Friday, February 26, 2016. 10. Mt. San Antonio College (Mt. SAC) Relays Executive Committee (REC) Request to Conduct a 5K/10K Fun Race/Walk (“Run for Hope”) on April 9, 2016 Recommendation: It is recommended that the City Council approve Mt. SAC REC request to hold a 5K/10K Fun Run/Walk (“Run for Hope”) on April 9, 2016. January 27, 2016 - Minutes Page 3 JANUARY 27, 2016 – CC/WHA 11. Request for Film Permit Recommendation: It is recommended that the City Council approve the film permit effective January 28, 2016 through January 29, 2016 with conditions outlined in this staff report and authorize relief of overnight parking requirements subject to approved traffic plan. MOTION ON ITEMS 3-6 AND 9-11 MPT/Su made a motion to adopt Items 3-6 and 9-11; seconded by C/Tragarz. Motion carried by the following electronic vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS: Cartagena, Ching, Pacheco, Su, Tragarz COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None ITEMS PULLED FOR DISCUSSION: 7. Award of Bid to Puente Hills Toyota for City Fleet Vehicle Recommendation: That the City Council: 1. Accept the bid and award a purchase contract to Puente Hills Toyota for $32,257.56 to purchase one 2016 Toyota Tacoma Truck; 2. Authorize the City Manager to sign the contract on behalf of the City; and 3. Authorize Staff to issue a purchase order to Puente Hills Toyota in the amount of $32,257.56 to purchase one 2016 Toyota Tacoma Truck. It was the consensus of Council to table Item 7. 8. Award of Bid – Creekside Park Playground Renovation Project Recommendation: That the City Council: 1. Accept the bid and award a construction contract to Kompan, Inc., (Kompan), to renovate and install playground equipment and a shade structure at Creekside Park in the amount of $333,420.81. 2. Authorize the City Manager to sign the contract on behalf of the City. 3. Authorize staff to issue a Purchase Order in the amount of $333,420.81 to Kompan, Inc. 4. Authorize staff to issue a Purchase Order in the amount of $16,800 to Turboscapes to install engineered wood fiber surfacing. 5. Authorize staff to issue a Purchase Order in the amount of $1,000 to PlaySafe, LLC to conduct an inventory and audit of the playground equipment, surfacing, and installation. 6. Appropriate $36,000 from the 25 Fund to 25-9201-6227. January 27, 2016 - Minutes Page 4 JANUARY 27, 2016 – CC/WHA C/Cartagena thanked staff and encouraged residents to enjoy the fitness equipment and the playground equipment when the installation is complete. MOTION ON ITEM 8 C/Cartagena made a motion to approve Item 8; seconded by MPT/Su. Motion carried by the following electronic vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS: Cartagena, Ching, Pacheco, Su, Tragarz COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None SUCCESSOR AGENCY CONSENT CALENDAR: 12. City of Walnut, as Successor Agency to the Walnut Improvement Agency – Adopt Resolution No. 16-07 Approving the ROPS for July 2016 – June 2017 Recommendation: That the City Council, as Successor Agency to the Walnut Improvement Agency, adopt Resolution No. 16-07 approving the Recognized Obligation Payment Schedule pursuant to ABX1 26 and Health and Safety Code Section 34177 for the period of July 1, 2016 through June 30, 2017. 13. City of Walnut, as Successor Agency to the Walnut Improvement Agency – Adopt Resolution No. 16-08 Approving the Administrative Budget for July 2016 – June 2017 Recommendation: That the City Council, as Successor Agency to the Walnut Improvement Agency, adopt Resolution No. 16-08 approving the Administrative Budget pursuant to ABX1 26 and Health and Safety Code Section 34177 for the period of July 1, 2016 through June 30, 2017. MOTION ON ITEMS 12 AND 13 C/Tragarz made a motion to adopt Items 12 and 13; seconded by C/Ching. Motion carried by the following electronic vote: AYES: NOES: ABSTAIN: ABSENT: January 27, 2016 - Minutes COUNCILMEMBERS: Cartagena, Ching, Pacheco, Su, Tragarz COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Page 5 JANUARY 27, 2016 – CC/WHA COUNCIL DISCUSSION/TRANSACTION ITEMS: 14. Continuance – Appeal of Planning Commission Conditions of Approval for Tentative Tract Map (TTM) 49059 (Salamone): An appeal of the April 15, 2015 Walnut Planning Commission Conditions of Approval (COA) for a two (2) lot subdivision of undeveloped land within the R1-15,000 and R1-20,000; Single Family Residential and Rural Overlay Zoning Districts. (APNs: 8709005-005 & 8709-005-013/035) Recommendation: That the City Council: 1. Hear the staff report; 2. Receive testimony from the appellant and any other member of the public regarding the project; 3. Close public comments and discuss amongst the Council; and 4. Amend COA #6 and adopt Resolution No. 16-06 to approve TTM 49059 and accompanying Mitigated Negative Declaration (MND). CDD/Weiner provided a staff report. Discussion took place between staff and Council regarding the status of the developments as well as the revision to the Conditions of Approval (COA). Vincent Lim, the applicant, stated that he is supportive of the revision to the COA. C/Cartagena inquired into if the developer plans to develop all four lots at once or individually. Mr. Lim stated that their intention is to submit the design for all four lots at the same time in order to maintain the design concept. MOTION ON ITEM 14 C/Cartagena made a motion to adopt Item 14; seconded by C/Ching. Motion carried by the following electronic vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS: Cartagena, Ching, Pacheco, Su, Tragarz COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None ANNOUNCEMENTS (COUNCIL MEMBERS AND STAFF): A. Councilmembers’ report on meetings attended at the expense of the local agency MPT/Su shared information regarding El Niño preparedness. January 27, 2016 - Minutes Page 6 JANUARY 27, 2016 – CC/WHA B. Individual Members’ comments and updates C/Ching shared information regarding a staff member’s efforts in continually helping a 90 year old woman. C/Cartagena requested that a discussion item be placed on an agenda regarding front yard landscaping requirements during times of drought. M/Pacheco announced that Council selected the law firm of Leibold McClendon and Mann as the new City Attorney firm for the City of Walnut; contract details are in negotiations. COUNCIL LATE BUSINESS: None scheduled. RECESS TO THE MEETING OF THE WALNUT HOUSING AUTHORITY WALNUT HOUSING AUTHORITY MEETING ORAL COMMUNICATIONS FOR HOUSING AUTHORITY: There being no one present wishing to speak during oral communications, it was moved by VC/Su to close oral communications; seconded by AM/Cartagena. Motion carried. AUTHORITY PUBLIC HEARINGS: None scheduled. AUTHORITY CONSENT CALENDAR: 15. Resolution No. 16-02 WHA – “A Resolution of the Walnut Housing Authority Allowing Certain Claims and Demands in the Amount of $21,639.50 Demand No. 100332 through 100332, Both Inclusive.” Recommendation: That the Authority adopt Resolution No. 16-02 WHA. MOTION ON ITEM 15 VC/Su made a motion to adopt Item 15; seconded by AM/Tragarz. Motion carried by the following electronic vote: AYES: NOES: ABSTAIN: ABSENT: January 27, 2016 - Minutes COUNCILMEMBERS: Cartagena, Ching, Pacheco, Su, Tragarz COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Page 7 JANUARY 27, 2016 – CC/WHA AUTHORITY DISCUSSION/TRANSACTION ITEMS: AUTHORITY LATE BUSINESS: None scheduled. None scheduled. AUTHORITY ADJOURNS TO CITY COUNCIL MEETING CLOSED SESSION: The Council went into closed session at 7:37 p.m. A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code §54956.9(d)(1) Los Angeles SMS A Limited Partnership dba Verizon Wireless v. City of Walnut USDC Case No. 2:15-CV-08309 B. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) City of Walnut v David Hall et al Superior Court Case No. BS154389 C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) City of Walnut v Mt San Antonio Community College District et al Superior Court Case No. BS159593 RECONVENE COUNCIL MEETING AND ANNOUNCE CLOSED SESSION ACTION The meeting reconvened at 9:16 p.m. There was no reportable action for Items A, B, and C. ADJOURNMENT: 9:17 p.m. There being no further business, the City Council meeting adjourned at PASSED AND APPROVED this 10th day of February 2016. __________________________________ Bob Pacheco, Mayor ATTEST: ______________________________________ Teresa De Dios, City Clerk PREPARED BY: ______________________________________ Ray Markel, Administrative Assistant January 27, 2016 - Minutes Page 8