04-21-2015 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY APRIL 21, 2015, 6:00 PM
REGULAR MEETING — CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE
WEST COVINA, CALIFORNIA 91790
MINUTES
Mayor Sykes called to order the regular closed session meeting of the West Covina City Council at
6:05 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West
Covina.
ROLL CALL
Present: Mayor Sykes, Mayor Pro Tern Toma
Councilmember, Warshaw
Absent: Councilman Spence
Others Present: Mauk, Freeland, Crown, Barlow
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
No comments made.
CLOSED SESSION
Mayor Sykes commenced the closed session at 6:10 p.m. to discuss the following matter(s):
Tuesday April 21, 2015
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code $ 54956.9(d)(1)
CLUE v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code�54956.9(d)(3)
Number of Cases: One (1)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code & 54957.6
City Negotiators: Mauk, Freeland
• Employee Organizations
W.C. Police Officers' Association
- W.C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, I.A.F.F., Local 3226
RECESS — Mayor Sykes called for a recess at 6:35 p.m. The meeting reconvened at 6:40 p.m.
with all members present except Councilman Spence.
ADJOURNMENT
Mayor Sykes adjourned the meeting at 6:50 p.m.
Submitted by:
Tor saIia A. Conde, CMC
Assistant City_ Clerk
fr /-z�
Fre ric ykes
Mayor
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY, APRIL 212015, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
CALL TO ORDER — Mayor Fredrick Sykes called the meeting to order at 7:05 p.m.
INVOCATION — Led by Officer Jeff Mosley from the West Covina Police Department
PLEDGE OF ALLEGIANCE — Led by Councilman Mike Spence
ROLLCALL Mayor Sykes, Mayor Pro Tern Toma,
Councilmembers Spence, Warshaw
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
CLUE v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(3)
Number of Cases: One (1)
Tuesday April 21, 2015
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code & 54957.6
City Negotiators: Mauk, Freeland
• Employee Organizations
- W.C. Police Officers' Association
- W,.C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, I.A.F.F., Local 3226
City Attorney Kimberly Barlow stated there was no reportable action taken but direction was
given.
CHANGES TO THE AGENDA
Interim City Manager Mauk stated there were no changes.
PRESENTATIONS
Mayor Sykes called forward Assistant City Manager Freeland who introduced Christina Buhagiar,
the City's new Finance Director, and Carl Crown, the City's new Interim Human Resources
Director.
Mayor Sykes presented Caroline Salinas with a Certificate of Recognition for her community
volunteerism. Caroline is a senior at I Poly High School and volunteers at the West Covina Senior
Center.
Mayor Sykes along with Community Services Director Nikole Bresciani recognized West Covina
Beautiful for adopting Aroma Park as part of the Adopt -A -Park program.
Mayor Sykes introduced Darleen Phares from Suburban Water, Barbara Rivera, advisor to West
Covina High School Cheer Program and Marcos Quezada of EcoTech Services. Suburban Water
presented the West Covina High School Cheerleaders with a check for their assistance at the City's
Water Smart City Challenge held at West Covina High School.
Mayor Sykes introduced Ben Wong, Southern California Edison Public Affairs Representative
provided a brief presentation on the 2015 Emergency Response Plan for Local Government.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Colleen Rozatti, West Covina City Treasurer, provided a brief update of her recent attendance at
the California Municipal Treasurers Association meeting.
William Elliot, West Covina resident, addressed his reasons for selecting West Covina as his home
and addressed his concerns regarding conduct at a recent General Plan Update meeting held at the
Senior Center, and expressed his disappointment with the Mayor.
William Worthy, West Covina resident, addressed bringing a community garden to the city.
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Tuesday April 21, 2015
Peter Thornton, West Covina resident, spoke in support of Dave Stewart for appointment to the
vacant Councilmember seat.
Paul Blackburn, West Covina resident, spoke in support of Dave Steward to the vacant
Councilmember seat.
Dr. Newman, expressed his concerns of the Mayor's support of illegal immigrants and his offense
of the term New Americans for illegal immigrants.
Alfred Williams, West Covina resident, expressed his concern of vandalism at the cell tower
located at Shadow Oak Park and difficulty in contacting the cell tower company, and other issues
at the park.
Sam Cianchetti, West Covina resident, spoke in support of appointing Dave Stewart to the vacant
Councilmember seat.
Carol Chappell, West Covina resident, spoke in support of Dave Stewart to fill the vacant
Councilmember seat.
Geneva Nixon, West Covina resident, spoke on the success of the Arbor Day event held on April
18`h.
Robin Huidston, West Covina resident, expressed her disappointment of Mayor Sykes signing an
Amicus Brief without the support of the Council which supported Presidents Obama's executive
immigration plan.
Gary Gileno, West Covina resident, addressed concerns regarding both SCAG and SANBAG, two
regional planning boards.
John Shewmaker, West Covina resident, expressed his concerns with the Mayor and supported
Lloyd Johnson to fill the vacant Councilmember seat.
James Baca, West Covina resident, addressed concerns of the Mayor Sykes signing an Amicus
Brief in support of Presidents Obama's executive illegal amnesty order and thanked
Councilmembers Spence, Toma and Warshaw for not supporting it.
Phil Moreno, West Covina resident, spoke in support of Lloyd Johnson to fill the vacant
Councilmember seat.
Raul Rodriguez Jr., West Covina resident, spoke on his concerns of illegal aliens and American
citizen rights and addressed a homeless family who needs help in the community.
Robert Loutean, addressed the proposed smoking prohibition ordinance and water desolvelation
plants.
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Tuesday April 21, 2015
Mike McGetrick, spoke on the West Covina becoming a sanctuary city and helping the citizenry
of the community.
Ilene Ruiz, West Covina Resident, requested the City Council support of having her dog returned
to her.
Jefferson DeRoux, West Covina resident, addressed comments made regarding illegal immigrants.
Shahrzad Shishagar, West Covina resident, spoke on campaign contributions and the impact on
elections
Bill Robinson, West Covina resident, addressed the implementation of a community garden; the
Community Center not serving drinking water to seniors due to drought; and spoke in favor of
Lloyd Johnson to fill the vacant Councilmember seat.
Cesar Cervantes, West Covina resident, addressed comments made regarding illegal aliens and
that the American Dream belongs to everyone.
Robert Loutean, West Covina resident, supported a staff report on the role of Mayor [Item #16]
and illegal immigration.
Councilmembers commented on speakers comments.
RECESS — Mayor Sykes called for a recess at 9:15 p.m. The City Council meeting reconvened
at 9:24 p.m. with all members present.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call
vote. There will be no separate discussion of these items unless members of the City Council/Community
Development Commission request specific items to be removed from the Consent Calendar for separate discussion or
action.
APPROVAL OF MEETING MINUTES (receive & file)
1) December 13, 2014 Special City Council Meeting Minutes
Motion by Warshaw and seconded by Toma to receive & file. Motion carried 4-0.
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
COMMISSION SUMMARY OF ACTIONS (receive & file)
2) April 14, 2015 Planning Commission Meeting Summary of Actions
Motion by Warshaw and seconded by Toma to receive & file. Motion carried 4-0.
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Tuesday April 21, 2015
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
ORDINANCES FOR ADOPTION
3) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) of Chapter 2, Article III of
the West Covina Municipal Code Regarding Appointment and Terms of
Commissioners
It is recommended that the City Council adopt the following Ordinance:
ORDINANCE NO. 2273 - AN ORDINANCE OF THE CITY OF WEST COVINA,
CALIFORNIA AMENDING SECTIONS 2-67, 2-68 AND 2-69(a) OF CHAPTER 2,
ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE REGARDING
APPOINTMENT AND TERMS OF COMMISSIONERS
This item was removed from the consent calendar for separate consideration after Agenda Item
912.
Motion by Warshaw and seconded by Toma to move Item 43 after Item 412. Motion carried 4-0.
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
COMMUNITY SERVICES DEPARTMENT
4) Renewal of Maintenance and Operation Agreement with the San Gabriel Mountains
Regional Conservancy
It is recommended that the City Council continue the partnership with the San Gabriel
Mountains Regional Conservancy and approve renewal of the maintenance and operations
agreement.
This item was removed from the Consent Calendar for separate consideration.
Motion by Spence and seconded by Warshaw to hold renewal at this time to see if there are other
groups/organizations that would like to provide programs at Galster Park. Motion carried 4-0.
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
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Tuesday April 21, 2015
FIRE DEPARTMENT
5) Amendment to Staffing for Adequate Fire and Emergency Response (SAFER) Grant
No. EMW-2013-FH-00730
It is recommended that the City Council authorize City staff to submit an amendment to
SAFER Grant No. EMW-2013-FH-00730 to the Federal Emergency Management Agency
(FEMA).
This item was removed./rom the Consent Calendar for separate consideration.
Interim City Manager Mauk provided a brief overview for the purpose of the amendment.
Motion by Toma and seconded by Warshaw to approve amendment. Motion carried 4-0.
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
HUMAN RESOURCES
6) Appointment of the City of West Covina's Specific Representative and Alternate to
the Big Independent Cities Excess Pool (BICEP) Governing Board
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-27 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPOINTING A SPECIFIC
REPRESENTATIVE AND ALTERNATE TO THE BIG INDEPENDENT CITIES
EXCESS POOL (BICEP)
Motion by Warshaw and seconded by Toma to approve. Motion carried 4-0.
AYES: Spence, Toma, Warshaw, Sykes
NOES: None
ABSENT: None
7) Adopting a New Memorandum of Understanding (MOU) and Amending
Compensation and Benefits for the West Covina Mid -Management Employee
Association
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-31 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A ONE-YEAR
MEMORANDUM OF UNDERSTANDING (MOU) FOR THE WEST COVINA MID-
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Tuesday April 21, 2015
MANAGEMENT EMPLOYEE ASSOCIATION AND AMENDING COMPENSATION
AND BENEFITS FOR THE MID -MANAGEMENT EMPLOYEE ASSOCIATION
This item was removed from the Consent Calendar for separate consideration.
Discussion ensued regarding Appendix B, regarding Agency Shop for the unit employees.
Assistant City Manager Freeland stated that Agency Shop, as outlined in Appendix B, is a
provision the Association can impose amongst its members and not require by approval of the City
Council. Councilman Spence opposed Agency Shop and since it is attached to the agreement is
therefore is requiring the approval of the Council.
Motion by Spence and seconded by Warshaw to remove with the removal of Appendix B Motion
failed 2-2.
AYES:
Spence, Warshaw
NOES:
Toma, Sykes
ABSENT:
None
Motion by Toma and seconded Sykes to approve as presented. Motion failed 2-2.
AYES: Toma, Sykes
NOES: Spence, Warshaw
ABSENT: None
Motion by Warshaw and Toma to continue to the next meeting. Motion carried 3-1.
AYES:
Toma, Warshaw, Sykes
NOES:
Spence
ABSENT:
None
PUBLIC WORKS
8) Landscape Maintenance District No. 4
Preliminary Approval of the Engineer's Report
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-28 - 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 2, 2015 FOR LANDSCAPE MAINTENANCE DISTRICT
NO. 4 COMMENCING IN FISCAL YEAR 2015-2016 TO FUND THE OPERATION
AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT
FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT
This item was removed from the Consent Calendar for separate consideration.
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Tuesday April 21, 2015
City Attorney Barlow stated that the Mayor has a conflict due to living within the Maintenance
District and asked the Mayor to remove himself from the room and have Mayor Pro Tem Toma
preside.
Public Works Director Consunji answered questions from Council regarding use of funds within
the districts and retrofitting for recycled water use.
Motion by Toma and seconded by Warshaw to adopt resolution. Motion carried 3-0 with Sykes
not voting due to conflict.
AYES:
Spence, Toma, Warshaw
NOES:
None
ABSENT:
None
Mayor Sykes returned to the dais.
9) Landscape Maintenance District No. 6
Preliminary Approval of the Engineer's Report
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-29 - 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 2, 2015 FOR LANDSCAPE MAINTENANCE DISTRICT
NO. 6 COMMENCING IN FISCAL YEAR 2015-2016 TO FUND THE OPERATION
AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT
FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT
This item was removed from the Consent Calendar for separate consideration.
Public Works Director Consunji Provided information specific to Maintenance District 6 stating
most of the District is drought tolerant, however water is still potable. Councilman Spence
requested information regarding Administrative Overhead costs.
Motion by Toma and seconded by Warshaw to adopt resolution and to bring back information
regarding Administrative Overhead costs and retro fitting for use of recycled water. Motion
carried 4-0.
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
Tuesday April 21, 2015
10) Landscape Maintenance District No. 7
Preliminary Approval of the Engineer's Report
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-30 - 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 NNE 2, 2015 FOR LANDSCAPE MAINTENANCE DISTRICT
NO. 7 COMMENCING IN FISCAL YEAR 2015-2016 TO FUND THE OPERATION
AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT
FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT
This item was removed from the Consent Calendar for separate consideration.
Public Works Director Consunji stated the District is primarily drought resistant and that most of
the District is retrofitted for recycled water and confirmed that the recommendation is proposing
a rate increase.
Motion by Toma and seconded by Warshaw to adopt resolution and bring back information
regarding the Administrative Overhead. Motion carried 3-1.
AYES:
Toma, Warshaw, Sykes
NOES:
Spence
ABSENT:
None
END OF CONSENT CALENDAR
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
11) Ordinance of the City Council of the City of West Covina, California, Amending
Sections 16-17 and 16-18 of the West Covina Municipal Code to Prohibit Smoking in
Public Parks and Public Places
It is recommended that the City Council introduce, read by title and waive further reading
of the following Ordinance:
ORDINANCE NO. 2274 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 16-17 AND 16-18 OF
THE WEST COVINA MUNICIPAL CODE TO PROHIBIT SMOKING IN PUBLIC
PARKS AND PUBLIC PLACES
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Tuesday April 21, 2015
City Attorney Barlow provided on overview of the proposed changes to the ordinance which
expanded the definition of public places.
Motion by Toma and seconded by Sykes to introduce the ordinance. Discussion ensued regarding
issues with implementation process, banning smoking in all areas of the parks and health concerns.
Motion fails 2-2.
AYES: Toma, Sykes
NOES: Spence, Warshaw
ABSENT: None
CITY CLERK'S OFFICE
12) Consideration of Appointment for City Council Vacancy or Alternatives
Alternatives:
1. City Council may take action to fill the position by appointment during the April 21,
2015 City Council meeting. Applicants will be interviewed during this time and given
three (3) minutes each to address the City Council during the discussion of this item.
2. City Council may take action not to fill the position at this time, call for a special
election and leave the Council seat vacant until a qualified resident is voted into the
position during the November 3, 2015 General Municipal Election.
It is recommended that the City Council consider an appointment to fill the vacancy of the
City Council seat.
Mayor Sykes introduced the item and stated that each applicant will have three minutes to address
the City Council and questions from the City Council will follow.
The following applicants addressed Council stating their qualifications, reasons for seeking the
appointment and responded to questions from Council:
Lloyd Johnson
Daniel Luna
David Stewart
Kimberly Caceres
Ben Wong
Dario Castellanos
Robert Alan Kunza
Cecilia Munoz
Motion by Sykes to appoint Dave Stewart to the vacant Council seat. Motion dies due to a lack of
second.
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Tuesday April 21, 2015
Motion by Warshaw and seconded by Spence to appoint Lloyd Johnson to the vacant Council seat.
Motion failed 1-3.
AYES: Warshaw
NOES: Spence, Toma, Sykes
ABSENT: None
Motion by Toma and seconded by Warshaw to appoint Ben Wong to fill the vacant Council seat.
Motion carried 3-1.
AYES:
Toma, Warshaw, Sykes
NOES:
Spence
ABSENT:
None
Ben Wong was administered the Oath of Office by Assistant City Clerk Conde. Councilmember
Wong took his seat at the dais.
Consent Calendar Item #3 was pulled from the Consent Calendar for separate consideration
after Agenda Item 912.
CONSENT CALENDAR
ORDINANCES FOR ADOPTION
3) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) of Chapter 2, Article III of
the West Covina Municipal Code Regarding Appointment and Terms of
Commissioners
It is recommended that the City Council adopt the following Ordinance:
ORDINANCE NO. 2273 - AN ORDINANCE OF THE CITY OF WEST COVINA,
CALIFORNIA AMENDING SECTIONS 2-67, 2-68 AND 2-69(a) OF CHAPTER 2,
ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE REGARDING
APPOINTMENT AND TERMS OF COMMISSIONERS
This item was removed from the consent calendar for separate consideration after Agenda Item
12.
City Attorney Barlow highlighted changes made at the direction of the Council at the previous
meeting in which the ordinance was introduced. Council discussion ensued regarding language
on the provisions of the terms of office and appointing/removing of commissioners.
Motion by Spence and seconded by Warshaw to have the City Attorney incorporate new language
and return the proposed ordinance for a first reading at a subsequent date.
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Tuesday April 21, 2015
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
THE FOLLOWING AGENDA ITEMS, NUMBERS 13 —17, WERE NOT HEARD DUE TO
THE LATE HOUR.
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMAN MIKE SPENCE
13) Development of Policy/Code Amendment on Establishing Courtesy Notification
Standards for Code Amendments
It is recommended that the City Council direct staff accordingly.
14) Mitigation Fees for Commercial Development
It is recommended that the City Council direct staff accordingly.
15) Review of Section 15-32 of the West Covina Municipal Code Related to Possession of
Weapons at City Hall Being Prohibited
It is recommended that the City Council direct staff accordingly.
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a briefreport or file a written report on any
meeting/evendconference attended at City expense)
Councilman Spence reported on recent LA Work meeting.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 4.f- Requests for reports, studies, or investigations that are not readily
available must be placed on the City Council/Community Development Commission agenda as items of business and
must be approved by a majority of the City Council/Community Development Commission.)
COUNCILMAN MIKE SPENCE
16) Request from Councilman Mike Spence Requesting the City Council's Support to
Instruct City Staff to Prepare a Staff Report on the Role of the Mayor
It is recommended that the City Council direct staff accordingly.
MAYOR PRO TEM JAMES TOMA
17) Request from Mayor Pro-Tem James Toma for City Council's Consideration to
Discuss the Recently Mandated Statewide Water Restrictions
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Tuesday April 21, 2015
It is recommended that the City Council direct staff accordingly.
CITY COUNCIL COMMENTS
ADJOURNMENT
Mayor Sykes adjourned the meeting at 12:15 a.m.
Submitted by:
Rosa ia.A: Conde,
Assistant City Clerk
redrick Sykes
Mayor
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