05-03-2016 - Regular Meeting - Minutes (2)CITY OF WEST COVINA
CITY COUNCIL
TUESDAY MAY 3, 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 — Invocation was given by Pastor Mason Okubo, Immanuel 1 Lutheran Church
PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Councilman Lloyd
Johnson
ROLL CALL
Present: Mayor James Toma, Mayor Pro Tern Corey Warshaw
Councilmen Lloyd Johnson, Mike Spence (arrived at 7:32 p.m.), Tony Wu
Absent: None
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 851 S. Sunset
Agency Negotiator: Freeland, Barlow
Negotiating Parties: Citrus Valley Health Partners
Tuesday May 3, 2016
Under Negotiation: Terms of Agreement
CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
State of California Department of Transportation v. West Covina Successor Agency, et al [Plaza]
CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
WC Firefighters' Association v. City of West Covina (PERB Case No. LA-CE-1009-M)
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(I)
Sue Williams v. City of West Covina (WCAB Case No. 7754087)
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: 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
• Unrepresented Employee Group
- Department Heads
City Attorney Kimberly Hall Barlow stated there was no reportable action taken.
CHANGES TO THE AGENDA
City Manager Freeland request the City Treasurer's report be pulled from the Consent Calendar to
allow City Treasurer Rozatti to present the report and requested Item #5, FY 15/16 Budget
Amendments, be pulled from the Consent Calendar for discussion due to a changed in staff's
recommendation.
PRESENTATIONS
Mayor Toma presented South Hills High School graduate Frank Ian Flores with a Certificate of
Recognition for being accepted to the United States Military Academy at West Point, class of 2020.
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Tuesday May 3, 2016
Mayor Toma introduced West Covina Fire Chief Larry Whithorn and Inland Empire Area Director
of the Muscular Dystrophy Association (MDA) Liz Denny. Ms. Denny recognized West Covina
Fire, Local 3226, for their participation in the MDA "Fill the Boot" campaign.
Mayor Toma presented Fire Chief Larry Whithorn with a Proclamation proclaiming May 14, 2016
as Fire Service Day.
Mayor Toma presented Public Works Director Chino Consunji with a Proclamation proclaiming
May 15 — 21, 2016 as National Public Works Week.
Mayor Toma presented Police Chief Dave Faulkner with a Proclamation recognizing May 15 as
Peace Officer Memorial Day and proclaiming May 15 — 21, 2016 as National Police Week.
Mayor Toma presented Assistant City Clerk Rosalia Butler with a Proclamation proclaiming May
1 — 7, 2016 as Municipal Clerks Week.
Mayor Toma introduced the South Hills High School Girls Soccer Team as the 2016 CIF Southern
California Regional Girls Soccer Champions.
Mayor Toma introduced the Edgewood high School Decathlon Team and Craig Michael, Team
Advisor and recognized them for their placement in the Los Angeles County Super Quiz for the
third year in a row.
Councilman Spence arrived at 7:23 p.m.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Eddie Ramirez, West Covina resident and President of Youth Pony Baseball, spoke in favor to
repeal the ban on fireworks and allowing non-profit organization to raise funds by selling fireworks.
Gilbert Fajardo, representing West Covina resident Manuel Parddes, addressed an issue of bullying
that Mr. Parddes' son experienced at Maverick Field.
Matt August, former West Covina resident, addressed concerns with the Maverick Baseball
Academy as a non-profit and any benefit to the City and bullying issues that took place at the field.
Richard Sheehan, Covina Valley Unified School District Superintendent, announced successes
taking place in the School District.
Phil Kaufman, West Covina resident, addressed the hazards of safe and sane fireworks and use by
non professionals.
Royall Brown, West Covina resident, addressed concerns with the agenda description regarding
the proposed rcstroom and parking lot at Shadow Oak Park.
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Tuesday May 3, 2016
Elsie Messman, West Covina resident, commented on the bus shelters installed at Amar and
Shadow Oak, opposed repealing the fireworks ban, the sale of city parks, expenses paid for travel
to Japan, and towing company issues.
Herb Redholtz, West Covina resident, spoke in opposition to repealing the fireworks ban.
Carolyn Arndt, West Covina resident, on behalf of the West Covina Improvement Association
invited the viewers to a meet and greet of the 48 th Assembly Candidates on May 13 th in Covina,
opposed the repeal of fireworks ban, and opposed Councilmembers eating at the dais.
Shirley Buchanan, West Covina resident, inquired into a trip scheduled to Japan and purpose, and
requested the Council not proceed with a repeal of the fireworks ban.
Pablo Lucanera, West Covina resident, opposed the repeal of the fireworks ban.
Irene Fleck, West Covina resident, opposed the repeal of the fireworks ban
Beverly Balthuis, West Covina resident, opposed the repeal of the fireworks ban.
Gloria Gandara, West Covina resident, stated the ban on fireworks does not stop the continued use
of illegal fireworks [non safe and sane].
Julie Shepherd, West Covina resident, opposed the repeal of the fireworks ban.
Wen Wen Zhang, West Covina Library Manager, announced upcoming library events.
Byron Kerns, West Covina resident, expressed concerns of a halfway house planned in his
neighborhood.
Dave Stewart, West Covina resident, spoke in support of Mr. Kern's concerns and addressed the
ban on fireworks.
Lola Finley, West Covina resident, opposed the repeal of the fireworks ban and expressed concerns
of the cost of a ballot measure.
Trudy Saltmarsh, West Covina resident, opposed the repeal of the fireworks ban and the cost of a
ballot measure.
Dana Sykes, West Covina resident, commented on the proposed development at Shadow Oak Park,
opposed the repeal of the fireworks ban and opposed the display of "In God We Trust" in the
Council Chambers.
Fredrick Sykes, West Covina resident, spoke on the earlier years in West Covina, opposed the
repeal of the fireworks ban and opposed the display of "In God We Trust" in the Council Chambers.
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Tuesday May 3,2016
William Elliot, West Covina resident, supported a West Covina Police Commission, addressed
issues of illegal fireworks vs. safe and sane fireworks, and spoke on Conceal Carry Weapons
permits.
Paul Blackburn, West Covina resident, expressed support of previous speakers concern of a
halfway house being proposed for his neighborhood and requested the city to look into city imposed
regulations for such use.
Bruce Leinbach, West Covina resident, spoke on handicap parking at the Social Security Office,
questioned the experience of an audit committee member,
Ben Wong, West Covina resident, addressed the proposed ballot measure to repeal fireworks and
cited information from a National Fire Protection Association Report regarding fireworks related
injuries, opposed the cost of a ballot measure and the lack of outcry from residents to repeal the
ban.
Shahrzad Shishigar, West Covina resident, opposed the repeal of the fireworks ban.
Marie Thomas, West Covina resident, opposed the repeal of the fireworks ban.
Glen Delameter, West Covina resident, supported bring back fireworks and supported the ballot
measure.
Angie Gillingham, West Covina resident, opposed the repeal of the fireworks ban.
City Manager Freeland responded to comments made by the speakers.
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 request specific items to
be removed from the Consent Calendar for separate discussion or action.
APPROVAL OF MEETING MINUTES (receive & file)
1) February 16, 2016 Regular City Council Closed Session Meeting Minutes
February 16, 2016 Regular City Council Meeting Minutes
March 1,2016 Regular City Council Closed Session Meeting Minutes
March 15, 2016 Regular City Council/Successor Agency Closed Session Meeting
Minutes
April 5, 2016 Regular City Council Closed Session Meeting Minutes
It is recommended that the City Council receive and file the aforementioned meeting
minutes.
Motion by Warshaw and seconded by Toma to receive and file as presented. Motion carried 5-0
by the following vote:
Tuesday May 3, 2016
AYES: Johnson, Spence, Warshaw, Wu. Toma
NOES: None
ABSENT: None
CLAIMS AGAINST THE CITY
2) Consideration of Government Tort Claims
It is recommended that the City Council deny the following Government Tort Claim and
the claimant be notified:
• Cynthia Kemp vs. City of West Covina
• Jose Martinez Bravo vs. City of West Covina
• Mary Michael vs. City of West Covina
• Becky Hall vs. City of West Covina
• Daniel Centeno vs. City of West Covina
Motion by Warshaw and seconded by Toma to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
AWARD OF BID
3) Agreement for the Design of Lower Shadow Oak Park Restroom and Parking Lot
Improvements (Project No. PP-16023)
It is recommended that the City Council authorize the City Manager to execute an
agreement with IDS Group in the amount of $42,300 for the preparation of site design
plan, construction documents, and to provide construction support services for the Lower
Shadow Oak Park Restroom and Parking Lot Improvements.
Motion by Warshaw and seconded by Toma to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Tom
NOES: None
ABSENT: None
FINANCE DEPARTMENT
4) City Treasurer's Report for the Month Ended March 31, 2016
it is recommended that the City Council receive and file the report.
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Tuesday May 3, 2016
This item was pulled from the Consent Calendar and City Treasurer Rozatti presented the City's
Treasurer report for month ended March 31, 2016.
Motion by Toma and seconded by Johnson to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
5) 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 $360,861 from Successor Agency Fund
transfers out (Acct No. 810.95.9500.9300) and revenues in the amount of $360,861 to
the City Debt Service Fund transfers in (Acct. No. 300.00.9810); and
2. Appropriate expenditures in the amount of $15,000 from Measure R for property &
liability charges (Acct. No. 224.41.4150.6410) and appropriate revenue in the amount
of $15,000 to the General/Auto Liability Self Insurance Fund for Interdepartmental
Charges (Acct. No. 361.15.4760); and
3. Appropriate expenditures in the amount of $86,000 from the Fire Training Fund for
other equipment (Acct. No. 219.32.3210.7160) and $102,796 in vehicle & mobile
equipment (Acct. No. 219.32.3210.7170).
This item was removed from the Consent Calendar by City Manager Freeland for Council
discussion due to a change to staffs recommendation. A brief report was presented by City
Freeland proposing a change to the recommended budget amendment #3 to equip two new fire
engines and Quint aerial ladder truck. Proposed revised recommendation as follows:
3. Establish Project 16049 to equip two new fire engines and Quint ladder truck, appropriate
expenditures in the amount of $188,796 from the Fire Training Fund for other equipment
(Acct. #219.32.3210.7160) to Project 16049 (Acct. #219.80.708.7170).
Motion by Toma and seconded by Johnson to approve the FY 15/16 budget amendments with the
proposed revised recommendation to recommendation #3. Motion carried 5-0 by the following
vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
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Tuesday May 3, 2016
HUMAN RESOURCES
6) Amendments to the Memoranda of Understanding with the General Employees'
Association, the Confidential Employees' Association, the Maintenance and Crafts
Employees' Association and the Mid-Management Employees' Association and the
Appropriation of Funds
It is recommended that the City Council take the following actions:
1. Appropriate $208,510 from the General Fund fund balance and other funds as deemed
appropriate to be allocated to the various department personnel cost accounts for Fiscal
Year 2015-2016; and
2. Adopt the following resolution:
RESOLUTION NO. 2016-35 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING THE MEMORANDA OF
UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE
GENERAL EMPLOYEES' ASSOCIATION, THE CONFIDENTIAL EMPLOYEES'
ASSOCIATION, THE MAINTENANCE AND CRAFTS EMPLOYEES'
ASSOCIATION AND THE MID-MANAGEMENT EMPLOYEES' ASSOCIATION
FOR THE PERIOD OF JULY 1.2015 THROUGH JUNE 30, 2016
Motion by Warshaw and seconded by Tama to approve as presented and adopt Resolution No.
2016-35. Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
7) Approval of New Position Classification Specifications for Reprographics
Coordinator and Code Enforcement Supervisor
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-38 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS
SPECIFICATION AND SALARY RANGE FOR REPROGRAPHICS COORDINATOR
RESOLUTION NO. 2016-39 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS
SPECIFICATION FOR CODE ENFORCEMENT SUPERVISOR
Motion by Warshaw and seconded by Toma to approve as presented and adopt Resolution No.
2016-38 and Resolution 2016-39. Motion carried 5-0 by the following vote:
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Tuesday May 3, 2016
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
POLICE DEPARTMENT
8) Award of Bid for Police Bulletproof Vests
It is recommended that the City Council take the following actions:
I. Find that ProForce Law Enforcement of Prescott. AZ, is the lowest responsible bidder
for the Police bulletproof vests; and
2. Approve a purchase order agreement with ProForce Law Enforcement of Prescott, AZ,
totaling an estimated $35,633.76, from account 155.31.3110.7160.
Motion by Warshaw and seconded by Toma to approve as presented. Motion carried 5-0 by the
following vote:
AYES:
NOES:
ABSENT:
Johnson, Spence, Warshaw, Wu, Toma
None
None
PUBLIC WORKS
9) Citywide Lighting and Maintenance District Preliminary Approval of the Engineer's
Report
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-36 - 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 21, 2016 TO APPROVE CITYWIDE ASSESSMENTS
COMMENCING IN FISCAL YEAR 2016-2017 TO FUND THE OPERATION AND
MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE
DISTRICT
This item was removed from the Consent Calendar by Councilman Spence for separate
consideration to state his opposition due to the administrative overhead distribution at the cost of
the taxpayers.
Motion by Toma and seconded by Johnson to approve as presented and adopt Resolution No. 2016-
36. Motion carried 4-1 by the following vote:
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Tuesday May 3, 2016
AYES: Johnson, Warshaw, Wu, Toma
NOES: Spence
ABSENT: None
10) West Covina Citywide Sewer Service Charge Setting a Public Hearing Date on the
Method of Collection and Fee Increase
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-37 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO ADOPT
A SCHEDULE OF SEWER FEE INCREASES AND COLLECT THE ANNUAL SEWER
SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING JUNE 21,
2016, FOR A PUBLIC HEARING ON THE METHOD OF COLLECTION AND FEE
INCREASES .
This item was removed from the Consent Calendar by Councilman Spence for separate
consideration and requested further information on the stated reimbursement to each dwelling. City
Manager Freeland stated the reimbursement is due to street sweeping costs collected through the
sewer service charges collected in Fiscal Year 2014-2015.
Motion by Warshaw and seconded by Wu to approve as presented and adopt Resolution No. 2016-
37. Motion carried 4-1 by the following vote:
AYES: Johnson, Warshaw, Wu, Toma
NOES: Spence
ABSENT: None
11) Acceptance of Public Improvements for Galster Way Interim Roadway Improvements
(Project No. SP-15106B)
It is recommended that the City Council take the following actions:
1. Increase purchase order 16-00387 with Copp Contracting Inc. by $28,420.58 for a total
not-to-exceed amount of $243,420.28 from remaining project funds (Acct. No.
15106.224.7200); and
2. Accept public improvements for Project No. SP-15106B; and
3. Authorize recordation of Notice of Completion with the Los Angeles County Recorder;
and
4. Authorize release of retention in the amount of about $25,428.20 thirty-five (35) days
after recordation of the Notice of Completion.
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Tuesday May 3, 2016
Motion by Warshaw and seconded by Tama to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
END OF CONSENT CALENDAR
RECESS — Mayor Toma called for a recessed the City Council meeting at 9:33 p.m. The City
Council reconvened at 9:41 p.m. with all members present.
HEARINGS
PUBLIC HEARINGS
12) FY 2016-2017 Community Development Block Grant (CDBG) Action Plan
It is recommended that the City Council approve the proposed FY 2016-2017 CDBG
Action Plan.
Mayor Toma announced the Public Hearing matter, Assistant City Clerk Butler verified that proper
legal notice was given and Mayor Toma opened the Public Hearing. The staff report was presented
by Community Services Management Analyst Kelly McDonald.
Mayor Toma opened the Public Testimony period. With no one wishing to speak, Mayor Tama
closed the Public Testimony period.
Council question included time frame to approve the Action Plan as presented.
Motion by Warshaw and seconded by Johnson to approve as presented. Motion carried 4-1 by the
following vote:
AYES: Johnson, Warshaw, Wu, Toma
NOES: Spence
ABSENT: None
DEPARTMENTAL REGULAR MATTERS
FINANCE DEPARTMENT
13) Third Quarter Financial Report for Fiscal Year 2015-16 and Capital Improvement
Program (CIP) Update
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Tuesday May 3, 2016
It is recommended that the City Council take the following actions:
I. Receive and file the Third Quarter Financial Report for FY 2015-16; and
2. Appropriate revenues in the amount of $790,000 to the Sales Tax In-Lieu (Acct. No.
110.00.4111).
Finance Director Christa Buhagiar presented the staff report and PowerPoint presentation.
City Manager Freeland commented on a pending liability that has been paid off and announced two
upcoming Council budget meeting dates of May 18, 2016 and June 9,2016 inviting public input.
Motion by Warshaw and seconded by Spence to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
SUCCESSOR AGENCY
Mayor Toma recessed the City Council meeting at 9:54 p.m. to convene the Successor Agency
meeting. The City Council meeting reconvened at 9:57 p.m. with all members present.
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMAN LLOYD JOHNSON
14) City Tow Providers
It is recommended that the City Council provide direction to City staff.
Motion by Johnson and seconded by Spence to instruct staff to issue an RFP (Request for Proposals)
for Tow Service Area 2, which is currently serviced by Bob's Towing.
Council comments included support of the issuance of an RFP in Area 2 due to deficiencies in
service; to also include an RFP of the provider servicing Area 1 [Royal Coaches Towing] due to
the long terms of the both contracts to enable to City to see if there are other options at lower rates;
options of sole provider city wide, by districts, rotation system or other type of arrangement; and
workload issues of dispatchers if more than two tow companies per a service area.
Motion by Toma and seconded by Spence to amend original motion to issue an RFP for Tow
Service Area 2 [Bob's Towing Service] to also include to issue an RFP for Tow Service Area 1
[Royal Coaches Towing]. Motion failed 2-3 by the following vote:
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Tuesday May 3, 2016
AYES: Spence, Toma
NOES: Johnson, Warshaw, Wu
ABSENT: None
Motion by Johnson and seconded by Spence to instruct staff to issue an RFP (Request for Proposals)
for Tow Service Area 2, which is currently serviced by Bob's Towing. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
COUNCILMAN MIKE SPENCE
15) Possible Ballot Measure to Repeal the Ban of Selling Safe and Sane Fireworks in West
Covina
It is recommended that the City Council provide City staff direction on this matter.
Councilman Spence expressed his disappointment in the staff report as previous Council direction
was to bring forth a ballot measure whereas the report primarily editorializes why not to bring forth
a ballot measure and the reasons appearing to be opinions without any factual statistical data. City
Attorney Barlow responded that input was included from both the Fire Chief and the Police Chief.
Council engaged in lengthy discussion which included whether the Council can approve the repeal
without a vote on a ballot measure, Fourth of July public safety staffing models, issues associated
with a third party initiating a ballot measure and lack of city control over the proposed ordinance
verbiage, the value of staff's input into a staff report, staff not complying with the direction of
Council, complaints of illegal fireworks and utilizing the administrative fine process to reduce
illegal fireworks activity, oppositions by speakers, cost to taxpayers of a ballot measure, and
community survey results.
Motion by Warshaw and seconded by Toma to receive and file the report. Motion carried 4-1 by
the following vote:
AYES: Johnson, Warshaw, Wu, Toma
NOES: Spence
ABSENT: None
16) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Direct Staff to Return to Council with an Item regarding the Display of the National
Motto, in God We Trust, in the City Council Chambers
It is recommended that the City Council direct staff accordingly.
Councilman Spence presented a brief back ground of his request.
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Tuesday May 3, 2016
Motion by Spence to direct staff to bring back a report and to include funding options including by
volunteers. Motion dies to a lack of a second.
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any
meeting/event/conference attended and at City expense.)
None
CITY COUNCIL COMMENTS
Councilman Wu expressed his appreciation to Community Services Director Bresciani and the
Greater West Covina for adding country music summer concert on July 7, 2016.
Mayor Pro Tem Warshaw reported on his attendance to a Transit conference in San Antonio, Texas
sponsored by Foothill Transit.
ADJOURNMENT
Mayor Toma adjourned the meeting at 10:35 p.m. in memory of Iris Delameter, former employee
and community member.
Rtialia A. Butler, MMC
Assistant City.Clerk
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