03-01-2016 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY MARCH 01, 2016, 6:00 PM
REGULAR MEETING — CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
Mayor Toma called to order the regular closed session meeting of the West Covina City Council
at 6:00 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue
South, West Covina.
ROLL CALL
Present: Mayor Toma, Mayor Pro Tern Warshaw
Councilmembers Johnson, Spence, Wu
Other Present: Barlow, Freeland, Mirmich, Morales
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
Larry West and Rick Ritchie — Premier Automotive
Councilman Johnson recused himself during the discussion portion of the meeting.
Tuesday March 01, 2016
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code $ 54956.8
Property: 112 Plaza Drive
Agency Negotiator: Freeland, Morales, Barlow
Negotiating Parties: Plaza West Covina
Under Negotiation: Terms of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code & 54956.8
Property: Cortez Park
Agency Negotiator: Freeland, Barlow
Negotiating Parties: City of West Covina
Under Negotiation: Price & Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 298 N. Azusa Avenue
Agency Negotiator: Freeland, Morales, Barlow
Negotiating Parties: Larry West, Premier Automotive
Under Negotiation: Terms of Agreement
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code $ 54957.6
City Negotiators: Freeland, Bokosky, Barlow
• Employee Organizations
Confidential Employees - General Employees
Maintenance & Crafts Employees - Mid -Management Employees
W.C. Police Officers' Association - W.C. Police Management Association
W.C. Firefighters' Management Assoc.
W.C. Firefighters' Association, I.A.F.F., Local 3226
Department Heads
ADJOURNMENT
Mayor Toma adjourned the meeting at 6:47 p.m.
Tuesday March 01, 2016
Submitted by;
Rosalia A. Butler, CMC
Assista'(City:Clerk
Ja s oma
MaWr
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY MARCH 01, 2016, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
CALL TO ORDER — Mayor James Toma called the meeting to order at 7:02 p.m.
INVOCATION — Led by Pastor Grace Wabuke
Faith Community Church
PLEDGE OF ALLEGIANCE — Led by Councilman Tony Wu
ROLL CALL
Present: Mayor James Toma, Mayor Pro Tern Corey Warshaw
Councilmen Lloyd Johnson, Mike Spence, Tony Wu
Absent: None
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code $ 54956.8
Tuesday March 01, 2016
Property:
112 Plaza Drive
Agency Negotiator:
Freeland, Morales, Barlow
Negotiating Parties:
Plaza West Covina
Under Negotiation:
Terms of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property:
Cortez Park
Agency Negotiator:
Freeland, Barlow
Negotiating Parties:
City of West Covina
Under Negotiation:
Price & Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code $ 54956.8
Property: 298 N. Azusa Avenue
Agency Negotiator: Freeland, Morales, Barlow
Negotiating Parties: Larry West, Premier Automotive
Under Negotiation: Terms of Agreement
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code 5 54957.6
City Negotiators: Freeland, Bokosky, Barlow
• Employee Organizations
- Confidential Employees - General Employees
- Maintenance & Crafts Employees - Mid -Management Employees
- W.C. Police Officers' Association - W.C. Police Management Association
- W.C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, I.A.F.F., Local 3226
- Department Heads
City Attorney Kimberly Hall Barlow stated direction was given to staff, however, there was no
reportable action taken.
CHANGES TO THE AGENDA
City Manager Chris Freeland stated that there was an amendment due to a typographical error to
Consent Calendar Item No. 1 regarding meeting minutes and requested that the Council approve
the minutes as amended.
PRESENTATIONS
Introduction of New City Staff- Deputy City Manager Laura Minnich
Recognition of Tyler Anderson for Eagle Scout Project at Senior Center
Tuesday March 01, 2016
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Gloria Gandara, West Covina resident, thanked the City Council for working on the update of the
General Plan and also the elimination of Council benefits. Ms. Gandara also spoke on her
opposition of Agenda Item No. 24 regarding the Amicus Brief supporting the President of the
United States' Executive Action on Immigration.
Royall Brown, West Covina resident, spoke on the concept of building a golf course on the
eastside of Galster Park.
Phil Kaufman, West Covina resident, shared his idea on the City building a community
playhouse. Mr. Kaufman also gave comments on the Faithful Execution Clause and his concerns
on illegal aliens.
Robert Torres spoke in his support of the filing of the Amicus Brief with the U.S. Supreme Court
supporting the President of the United States' Executive Action on immigration.
Darrell Shimel, West Covina resident, shared his opposition of the fling of the immigration
Amicus Brief.
Jerri Potras, West Covina resident, expressed her opposition of the filing of the immigration
Amicus Brief.
Ivan Ibarra, West Covina resident, spoke on his support in the issuance of Carry a Concealed
Weapons (C.C. W.) permit.
Catherine Ibarra, West Covina resident, shared her support in being able to obtain a Carry a
Concealed Weapons (C.C.W.) permit.
Herb Redholtz, West Covina resident, spoke in opposition of Agenda Item No. 25 regarding the
agendizing of items between Election Night and the certification of elections. Mr. Redholtz also
commented on Agenda Item No. 28 pertaining to the banning of selling of Safe and Sane
Fireworks within the City and asked for the City Council to place item on the ballot to obtain the
public's vote.
Madeline Newman Rios, representative from the Latino Roundtable, expressed her support in the
filing of the immigration Amicus Brief.
Pablo Lucanera, West Covina resident, spoke in opposition of Agenda Item No. 28 and the
banning of the selling of Safe and Sane Fireworks. Mr. Lucanera also commented on his
opposition of the issuance of C.C.W.'s and asked the Council to vote for the filing of the
immigration of the Amicus Brief.
Wen Wen Zhang, West Covina Library Manager, spoke on the various events occurring at the
library.
Tuesday March 01, 2016
Ben Wong, West Covina resident, spoke on Agenda Item No. 20 regarding the nuisance
complaint at Heritage Park and expressed the need for increased enforcement. Mr. Wong also
expressed his concern on the City Council taking a position with respect to the filing of the
immigration Amicus Brief. He also shared that Council should not take a position on political
items such as gun control and disagreed with the agenda items concerning the agendizing of items
between election night and the certification of election, the banning of fireworks, and election
recounts.
George Ogden, West Covina resident and member of the Veterans of Foreign Wars (V.F.W.),
spoke on the funds raised for the Veterans Memorial Wall project.
Russel Hempel, West Covina resident, shared his support in the issuance of C.C.W. permits.
William Elliott, West Covina resident, welcomed the new Deputy City Manager and expressed
his opposition of the filing of the immigration Amicus Brief. Mr. Elliott also spoke in support of
C.C.W. permits.
Xing Lin, representative from the Asian Americans Advancing Justice, expressed his support of
the filing of the immigration Amicus Brief.
Alfred Williams, West Covina resident, expressed his support on the filing of the immigration
Amicus Brief and gave his opinion on the issuing of C.C.W. permits.
Fred Sykes, West Covina resident, shared his support in the filing of the immigration Amicus
Brief and made comments on the City's current budget.
Laura Santos, former Board Member of the Latino Roundtable, spoke on her support of the filing
of the immigration Amicus Brief.
Forrest Wilkins, West Covina resident, spoke on the improvement of the Council Chambers
sound system and asked the Council to reflect on their responsibilities. Mr. Wilkins shared his
opinion on the benefits received by the Council.
City Manager Freeland responded to speakers concerns and comments
Mayor Toma recessed the City Council meeting at 8. 36 p. m.
Mayor Toma reconvened the City Council meeting at 8. 46 p. m.
CONSENT CALENDAR
APPROVAL OF MEETING MINUTES (receive & file)
1) November 17, 2015 City Council Regular Meeting Minutes
December 1, 2015 City Council Regular Closed Session Meeting Minutes
Tuesday March 01, 2016
December 1, 2015 City Council Regular Meeting Minutes
December 15, 2015 City Council/Successor Agency Regular Closed Session Meeting
Minutes
December 15, 2015 City Council Regular Meeting Minutes
This item was pulled from the Consent Calendar by Mayor Toma to make an amendment to the
December 15, 2015 City Council Regular Meeting Minutes on Item No. 20 regarding the
Council's vote.
A motion was made by Mayor Pro Tern Warshaw and seconded by Councilman Spence to receive
and file the meeting minutes presented. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
COMMISSION SUMMARY OF ACTIONS (receive & file)
2) October 14, 2015 Human Resources Commission Regular Meeting Minutes
December 7, 2015 Human Resources Commission Special Meeting Minutes
January 13, 2016 Human Resources Commission Special Meeting Minutes
A motion was made by Mayor Pro Tern Warshaw and seconded by Councilman Spence to receive
and file the summary of actions presented. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
ORDINANCES FOR ADOPTION
3) Code Amendment No. 15-01
Water Efficient Landscape Ordinance
Categorical Exemption
It is recommended that the City Council waive further reading and adopt the following
ordinance:
ORDINANCE NO. 2292 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 15-01,
RELATED TO WATER EFFICIENT LANDSCAPING
A motion was made by Mayor Pro Tern Warshaw and seconded by Councilman Spence to adopt
Ordinance No. 2292. Motion carried by a vote of 5-0.
Tuesday March 01, 2016
AYES: Johnson, Spence, Warshaw; Wu, Toma
NOES: None
ABSENT: None
4) West Covina Taxi Regulations
It is recommended that the City Council waive further reading and adopt the following
ordinance:
ORDINANCE NO. 2293 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE II OF CHAPTER 25 OF
THE WEST COVINA MUNICIPAL CODE RELATED TO VEHICLES FOR HIRE
A motion was made by Mayor Pro Tem Warshaw and seconded by Councilman Spence to adopt
Ordinance No. 2293. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
TRAFFIC COMMITTEE MEETING MINUTES (accept & file)
5) October 21, 2015 Traffic Committee Meeting Minutes
This item was pulled from the Consent Calendar by Councilman Spence for further discussion
and clarification by City staff Mayor Toma requested to have Consent Calendar Item No. 5
moved to next meeting.
TREASURER'S REPORT (receive & file)
6) City Treasurer's Report for the Month Ended January 31, 2016
City Treasurer Colleen Rozatti presented the City Treasurer's Report.
A motion was made by Mayor Pro Tem Warshaw and seconded by Councilman Spence to receive
and file the report. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
CITY MANAGER'S OFFICE
7) Appointment of City Commissioner
It is recommended that the City Council receive and file the report.
Tuesday March 01, 2016
A motion was made by Mayor Pro Tern Warshaw and seconded by Councilman Spence to receive
and file the report. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
COMMUNITY SERVICES DEPARTMENT
8) Award of Contract for Vending Machines in City Facilities and Parks (Purchasing
Specification 0715-A)
It is recommended that the City Council accept the bid of First Choice Vending &
Amusements, and authorize the City Manager to execute a three-year agreement with First
Choice Vending & Amusements for vending machine services at various City facilities
and park sites.
A motion was made by Mayor Pro Tern Warshaw and seconded by Councilman Spence to accept
the bid of First Choice Vending & Amusements, and authorize the City Manager to execute a
three-year agreement with First Choice Vending & Amusements for vending machine services at
various City facilities and park sites. Motion carried by a vote of 5-0.
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
9) Park Needs Assessment Overview
It is recommended that the City Council receive and file the informational report.
A motion was made by Mayor Pro Tern Warshaw and seconded by Councilman Spence to receive
and file the informational report. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
10) Independence Day Celebration Plan
It is recommended that the City Council receive and file the informational report.
This item was pulled from the Consent Calendar by Councilman .Johnson for further discussion
and clarification from City stuff
A motion was made by Councilman Johnson and seconded by Mayor Toma to receive and file the
informational report. Motion carried by a vote of 5-0.
Tuesday March 01, 2016
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
FINANCE DEPARTMENT
11) FY 15/16 Budget Amendments
It is recommended that the City Council approve the proposed FY 15/16 Budget
Amendments:
1.) Appropriate expenditures in the amount of $578,918 to the General Fund transfers out
(Acct# 110.95.9500.9811), revenues in the amount of $578,918 to the Successor Agency
Debt Service Fund transfers in (Acet# 811.00.9110), expenditures in the amount $578,918
to the Successor Agency Fund for Settlement Expense (AccO 811.22.2210.6515) and a
contra expenditure in the Successor Agency Fund for ($578,918) in (Acct#
811.22.9000.6428) for the annual payments to the Los Angeles County Auditor -
Controller; and
2.) Appropriate revenue in the amount $43,780.21 to the Advanced Traffic Management
System Fund (Acct# 231.41.4540) for grant monies previously received and not yet spent.
This item was pulled from the Consent Calendar by Councilman .Johnson for further discussion
and clarification from City staff
A motion was made by Councilman Johnson and seconded by Mayor Pro Tern Warshaw to
approve the proposed FY 15/16 Budget Amendments presented. Motion carried by a vote of 5-0.
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
12) Resolution Suspending Collection of Business License Tax for Transportation
Network Company Drivers Exemption
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-19 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, SUSPENDING COLLECTION OF THE
CITY'S BUSINESS LICENSE TAX ON AUTHORIZED DRIVERS OF
TRANSPORTATION NETWORK CARRIERS REGISTERED WITH THE
CALIFORNIA PUBLIC UTILITIES COMMISSION
This item was pulled from the Consent Calendar by Councilman Spence for further discussion
and clarification from City staff.
Tuesday March 01, 2016
A motion was made by Councilman Spence and seconded by Councilman Wu to adopt
Resolution No. 2016-19 with the amendment to remove date. Motion carried by a vote of 3-2
with Mayor Toma and Mayor Pro Tern Warshaw in opposition.
AYES: Johnson, Spence, Wu
NOES: Warshaw, Toma
ABSENT: None
HUMAN RESOURCES
13) Appointment of City of West Covina's Alternate Representative to the Big
Independent Cities Excess Pool Governing Board (BICEP)
It is recommended that the City Council approve the following resolution:
RESOLUTION NO. 2016-17 - A RESOLUTION OF TIIE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPOINTING AN ALTERNATE
REPRESENTATIVE TO THE BIG INDEPENDENT CITIES EXCESS POOL
A motion was made by Mayor Pro Tern Warshaw and seconded by Councilman Spence to adopt
Resolution No. 2016-17. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
PUBLIC WORKS
14) Release of Faithful Performance Guarantee for Administrative Use Permit No. 13-10
through 13-21
It is recommended that City Council accept all on and off -site improvements for
Administrative Use Permit (AUP) 13-10 through AUP 13-21 located at Horizon Hills
Road and Mountain Ridge Road and authorize the release of Faithful Performance and
Labor and Material Bonds in the amount of $300,480 and $35,000 respectively.
A motion was made by Mayor Pro Tern Warshaw and seconded by Councilman Spence to accept
all on and off -site improvements for Administrative Use Permit (AUP) 13-10 through AUP 13-21
located at Horizon Hills Road and Mountain Ridge Road and authorize the release of Faithful
Performance and Labor and Material Bonds in the amount of $300,480 and $35,000 respectively.
Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
Tuesday March 01, 2016
15) Release of Faithful Performance Guarantee for Parcel Map 72728 - 243 N. Lang
Avenue
It is recommended that the City Council accept all on and off -site improvements for
Parcel Map No. 72728 located at 243 N. Lang Avenue and authorize the release of
Faithful Performance and Labor and Material Bonds in the amount of $19,400 and $9,100
respectively.
A motion was made by Mayor Pro Tem Warshaw and seconded by Councilman Spence to accept
all on and off -site improvements for Parcel Map No. 72728 located at 243 N. Lang Avenue and
authorize the release of Faithful Performance and Labor and Material Bonds in the amount of
$19,400 and $9,100 respectively. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
16) West Covina Auto Plaza Business Improvement District 2016-2017 Annual Report
and Assessment
a.) Verification
b.) Open hearing
c.) Staff report
d.) Open testimony
e.) Council discussion
f) Recommendation: It is recommended that the City Council take the following actions:
1.) Approval of the proposed terms of the Auto Plaza Sign Loan Agreement and authorize
City Manager to execute a Loan Agreement between the City of West Covina and the
West Covina Auto Plaza Association, Inc. for the installation of a new reader board sign;
and
2.) Adopt the following resolution:
RESOLUTION NO. 2016-21 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL REPORT
FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT
AREA FOR FISCAL YEAR 2016-2017
Tuesday March 01, 2016
Mayor Toma announced the Public Hearing matter, Assistant City Clerk Rosalia Conde verified
that proper legal notice was given and Mayor Toma opened the Hearing. Economic Development
and Housing Manager Paulina Morales presented the staff report.
After a discussion between the City Council and City staff, Mayor Toma asked Assistant City
Clerk Conde if any written communication by the public had been submitted. Ms. Conde verified
that no written communication had been submitted. Mayor Toma opened the public hearing for
public testimony.
Herb Redholtz, West Covina resident, spoke on his support in the update of the Auto Plaza sign.
With no further members of the public wishing to speak, Mayor Toma closed the public
testimony portion of the hearing and asked if any Councilmembers wished to discuss the item.
Councilman Johnson expressed his support in the update of the Auto Plaza sign.
A motion was made by Mayor Pro Tern Warshaw and seconded by Councilman Wu to approve
the recommendations presented. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
17) Authorization to Draft the FY 2016-2017 Community Development Block Grant
(CDBG) Action Plan
a.) Verification
b.) Open hearing
c.) Staff report
d.) Open testimony
e.) Council discussion
f) Recommendation: It is recommended that the City Council direct staff to take the
following actions:
1.) Initiate the required substantial amendment process to formally amend the 2015-2020
Consolidated Plan Priorities to reprioritize Economic Development from a 'Low' to 'High'
priority; and
2.) Develop a draft FY 2016-2017 CDBG Action Plan, based on the needs and priorities
identified in the 2015-2020 Consolidated Plan (as shown in Table 1 of the report),
including the proposed amendment.
Mayor Toma announced the Public Hearing matter, Assistant City Clerk Rosalia Conde verified
that proper legal notice was given and Mayor Toma opened the Hearing. Management Analyst
Kelly McDonald presented the staff report.
Tuesday March 01, 2016
After a discussion between the City Council and City staff, Mayor Toma opened the public
hearing for public testimony.
J.R, West Covina resident, inquired if this item was related to the General Plan. Mayor Toma
clarified that it was not.
Further discussion occurred between the City Council and City staff.
With no further members of the public wishing to speak, Mayor Toma closed the public
testimony portion of the hearing and asked if any Councilmembers wished to discuss the item.
No further comments were made by the City Council.
A motion was made by Mayor Pro Tern Warshaw and seconded by Councilman Johnson to
approve the recommendations presented. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
18) An Ordinance Adding Sections 15-63 through 15-72 to Article III (Fireworks) of
Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the
West Covina Municipal Code Imposing Penalties for the Improper Use of Fireworks
It is recommended that the City Council introduce, give first reading to, and waive further
reading of the following ordinance:
ORDINANCE NO. 2294 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, ADDING SECTIONS 15-63 THROUGH 15-72
TO ARTICLE III (FIREWORKS) OF CHAPTER 15 (MISCELLANEOUS
PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY) OF THE WEST
COVINA MUNICIPAL CODE IMPOSING PENALTIES FOR THE IMPROPER USE
OF FIREWORKS
City Attorney Hall Barlow gave an overview on item.
A discussion ensued between City Council and City Attorney Hall Barlow with respect to the
transportation and storage of fireworks.
Mr. Bennett, employee of T.N.T. Fireworks, answered various inquiries of the City Council.
Tuesday March 01, 2016
Further discussion ensured between City Council and City staff on the safety of safe and sane
fireworks.
A motion was made by Mayor Pro Tern Warshaw and seconded by Councilman Johnson to
introduce, give first reading to, and waive further reading of Ordinance No. 2294 with the
amendment to add section in ordinance to include allowing the transportation and storage of
fireworks of up to 40 pounds beginning June 28'h to the end of July 4". Motion carried by a vote
of 3-2 with Councilman Spence and Mayor Toma in opposition.
AYES:
Johnson, Warshaw, Wu
NOES:
Spence, Toma
ABSENT:
None
19) Initiation of Code Amendment No. 16-04 (Medical Marijuana Cultivation)
Categorical Exemption
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-20 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO.
16-04 RELATED TO CONSIDERING STANDARDS FOR MARIJUANA
CULTIVATION
City Attorney Hall Barlow gave report on item and requested direction from the City Council
with respect to the types of cultivation.
After a discussion between the City Council and City staff, a motion was made by Councilman
Spence and seconded by Councilman Johnson to adopt Resolution No. 2016-20. Motion carried
by a vote of 3-2 with Councilman Wu and Mayor Toma in opposition.
AYES: Johnson, Spence, Warshaw
NOES: Wu, Toma
ABSENT: None
COMMUNITY SERVICES DEPARTMENT
20) Heritage Park Nuisance Complaint
It is recommended that City Council provide City staff direction in this matter.
Community Services Director Nikole Bresciani gave report on item.
After a discussion between the City Council and City staff, a motion was made by Councilman
Spence and seconded by Councilman Wu to tentatively approve the proposed fencing and also
notify the residents of the Maintenance District of the fencing.
Tuesday March 01, 2016
Mayor Pro Tern Warshaw added a further amendment to Councilman Spence's original motion to
include no parking from dawn to dusk and no trespassing signs.
Councilman Spence agreed to no trespassing signs but did not agree with the no parking signs.
Motion carried by a vote of 5-0 to tentatively approve the proposed fencing, notify the residents
of the Maintenance District of the fencing, and have no trespassing signs be put up.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
FINANCE DEPARTMENT
21) Second Quarter Financial Report for Fiscal for Fiscal Year 2015-16, City Council
Goals & CIP Update and Amendment of the Fund Balance Reserve Policy
It is recommended that the City Council take the following actions:
1.) Receive and file the Second Quarter Financial Report for FY 15/16; and
2.) Approve the internal service fund transfer from the General Fund excess surplus to the
General Liability and Workers' Compensation Funds to completely eliminate the deficit in
Fiscal Year 15/16 and the budget amendments needed to accompany the transfer; and
3.) Appropriate the transfers/fund balance adjustments listed out on the Changes in Fund
Balance for the Fiscal Year Ended June 30, 2015; and
4.) Adopt the following Resolution:
RESOLUTION NO. 2016-18 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING THE FUND BALANCE
RESERVE POLICY FOR THE GENERAL FUND
Finance Director Christa Buhagiar gave report on item.
A motion was made by Councilman Johnson and seconded by Mayor Pro Tern Warshaw to adopt
Resolution No. 2016-18. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
Mayor Toma recessed the City Council meeting at 10: 40 p.m. and reconvened the meeting at
10:4J p.m.
Tuesday March 01, 2016
FIRE DEPARTMENT
22) Safe Surrender Program
It is recommended that the City Council receive and file the informational report.
Fire Chief Larry Whithorn gave report on item.
City Council gave suggestions and ideas on how the City can better promote the Safe Surrender
Program.
A motion was made by Mayor Toma and seconded by Councilman Spence to receive and file the
informational report. Motion carried by a vote of 5-0.
AYES:
Johnson, Spence, Warshaw, Wu, Toma
NOES:
None
ABSENT:
None
PLANNING DEPARTMENT
23) Potential Revision to Forecasted Development to be Included in the General Plan
It is recommended that the City Council direct staff accordingly.
Planning Director Jeff Anderson gave report on item.
After a discussion between City Council and City staff, a motion was made by Councilman Wu
and seconded by Councilman Spence to approve 400 hotel rooms in the Downtown District and
200 hotel rooms in the Eastland- District that will be included in the General Plan Update. Motion
carried by a vote of 4-1 with Mayor Toma in opposition.
AYES:
Johnson, Spence, Warshaw, Wu
NOES:
Toma
ABSENT:
None
SUCCESSOR AGENCY
The City Council recessed the City Council meeting at 11:17 p.m. to convene the Successor
Agency meeting. The City Council meeting reconvened at 11:19 p.m. with all Councilmembers
present.
Tuesday March 01, 2016
MAYOR/COUNCILMEMBERS REPORTS
MAYOR JAMES TOMA
24) Request from Mayor James Toma Requesting the City Council's Consensus to File
an Amicus Brief with the United States Supreme Court Supporting the President of
the United States' Executive Action on Immigration
It is recommended that the City Council direct staff accordingly.
Mayor Toma gave an overview on item.
Mayor Toma made a motion to file an Amicus Brief with the United States Supreme Court
supporting the President of the United States' Executive Action on Immigration. After a second
motion was not given, the item failed to pass.
COUNCILMAN TONY WU
25) City Council Policies Regarding Agendizing of Items Between Election Night and
Certification of Elections
It is recommended that the City Council direct staff accordingly.
City Attorney Hall Barlow gave an overview on item.
Councilman Wu gave comments on item.
A motion was made by Councilman Wu and seconded by Councilman Spence to approve a policy
regarding significant items of legislative action, such as entering into longer term contracts,
approving major development projects, and similar actions with a long-term and significant
environmental or financial impact on West Covina citizens, should not be considered or approved
by the City Council during the time between the general municipal election and the certification
of the election results. Motion failed by a vote of 2-3 with Johnson, Warshaw, and Toma in
opposition.
AYES: Spence, Wu
NOES: Johnson, Warshaw, Toma
ABSENT: None
A motion was made by Councilman Wu and seconded by Councilman Spence to approve a policy
directing staff to limit the items of business on the agenda for the meeting at which Municipal
Election Results are certified to the certification of the. results, swearing in of new Council
Members and selection and swearing in of the new Mayor and if any other business matters shall
be necessary to include on the agenda due to legal deadlines or otherwise, the Council may
adjourn the regular meeting to the following day at 6:00 p.m. to take up those items. Motion
carried on a vote of 4-1 with Mayor Pro Tent Warshaw in opposition.
Tuesday March 01, 2016
AYES: Johnson, Spence, Wu, Toma
NOES: Warshaw
ABSENT: None
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
COUNCILMAN LLOYD JOHNSON
26) Request from Councilman Lloyd Johnson Requesting the City Council's Consensus
to Instruct City Staff to Prepare a Report to Revise the City Election Recount
Procedures
It is recommended that the City Council direct staff accordingly.
Councilman Johnson gave an overview on item.
City Council gave comments.
A motion was made by Councilman Johnson and seconded by Councilman Wu to instruct City
staff to prepare a report to revise the city election recount procedures. Motion carried by a vote of
4-1 with Mayor Pro Tern Warshaw in opposition.
AYES:
Johnson, Spence, Wu, Toma
NOES:
Warshaw
ABSENT:
None
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report orfrle a written report on any
meeting/evendconference attended at City expense.)
None.
COUNCILMAN MIKE SPENCE
27) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Instruct City Staff to Prepare a Report to Amend the City's Campaign Finance
Rules
It is recommended that the City Council direct staff accordingly.
Councilman Spence gave an overview on item.
Tuesday March 01, 2016
A motion was made by Councilman Spence and seconded by Councilman Johnson to instruct
City staff to prepare a report to amend the City's Campaign Finance Rules. Motion failed by a
vote of 2-3 with Mayor Pro Tern Warshaw, Councilman Wu, and Mayor Toma in opposition.
AYES: Johnson, Spence
NOES: Warshaw, Wu, Toma
ABSENT: None
28) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Instruct City Staff to Prepare a Report to Repeal the Ban of Selling Safe and Sane
Fireworks in West Covina
It is recommended that the City Council direct staff accordingly.
Councilman Spence gave an overview on item.
A motion was made by Councilman Spence and seconded by Mayor Pro Tern Warshaw to
instruct City staff to prepare a report to repeal the ban of selling Safe and Sane Fireworks in West
Covina. Motion carried by a vote of 4-1 with Mayor Toma in opposition.
AYES:
Johnson, Spence, Warshaw, Wu
NOES:
Toma
ABSENT:
None
COUNCILMAN TONY WU
29) Request from Councilman Tony Wu Requesting the City Council's Consensus to
Direct City Staff to Market the Property Adjacent to the Former BKK Landfill for
Development of a Resort with Golf Course and Hotel
Councilman Wu gave an overview on item.
City Manager Freeland indicated that the item is a pre -approved project and unless Council does
not oppose the project, Council can approve the continued marketing of the project.
A motion was made by Councilman Wu and seconded by Councilman Spence to seek approval on
the marketing of the property located adjacent to the former BKK Landfill for development of a
resort with golf course and hotel. Motion carried by a vote of 3-2 with Mayor Pro Tern Warshaw
and Mayo Toma in opposition.
AYES: Johnson, Spence, Wu
NOES: Warshaw, Toma
ABSENT: None
Tuesday March 01, 2016
CITY COUNCIL COMMENTS
Councilman Johnson requested a report from the Police Chief on the City's tow truck service and
also spoke on the progress of the Veteran's Memorial Wall.
Councilman Spence thanked Mayor Toma for agendizing the Amicus Brief item.
Mayor Toma congratulated the Fire Department for their participation in the MDA "Fill a Boot'
campaign and shared that the Los Angeles Board of Supervisors recognized the City of West
Covina and its relation with the T.V. show "My Crazy Ex -Girlfriend."
ADJOURNMENT
Mayor Toma adjourned the meeting in memory of Geneva Nixon, Marsha Fuerst and Eric
Fuentes at 11:57 p.m.
Submitted by:'
Rosalia A. Conde, CMC
Assistant City Clerk
(Jamo Toma
N-14or