07-05-2016 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY JULY 05, 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 the order the regular closed session meeting of the West Covina City Council
at 6:04 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West
Covina, California.
ROLL CALL
Present: Mayor James Toma, Mayor Pro Tern Corey Warshaw
Councilmen Lloyd Johnson, Mike Spence via teleconference from Casa Colina
Hospital and Centers for Healthcare located at 255 East Bonita Avenue, Pomona,
Tony Wu
Absent: None
Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City
Manager Laura Minnich, Finance Director Christa Buhagiar, Human Resources Director Tom
Bokosky, Management Analyst Serena Bubenheim
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None
Chairman Toma adjourned the meeting at 6:52 p.m.
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Tuesday 'July 05, 2016
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code g 54956.9(4)(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
-Maintenance & Crafts Employees
-W.C. Police Officers' Association
-WC. Firefighters' Management Association
-W.C. Firefighters' Association, I.A.F.F., Local 3226
ADJOURNMENT
-General Employees
-Mid-Management Employees
-W.C. Police Management Association
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CITY OF WEST COVINA
CITY COUNCIL/COMMUNITY SERVICES FOUNDATION
TUESDAY JULY 05, 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 Samuel Martinez, Christian Faith Center
PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tern Corey Warshaw
ROLL CALL
Present: Mayor James Toma, Mayor Pro Tern Corey Warshaw
Councilmen Lloyd Johnson, Mike Spence via teleconference from Casa Colina
Hospital and Centers for Healthcare located at 255 East Bonita Avenue, Pomona,
Tony Wu
Absent: None
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(3)
Number of Cases: One (1)
Tuesday July 05, 2016
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 Kim Barlow stated direction was give, however, there was no reportable action taken.
CHANGES TO THE AGENDA
City Manager Chris Freeland stated that there are no changes.
Mayor Toma announced that the viewing of City Council and Planning Commission agendas would
be unavailable on July 7, 2016 due to software upgrades.
PRESENTATIONS
Mayor Toma presented Community Services Director Nikole Bresciani with a Proclamation
proclaiming the month of July as Parks and Recreation Month.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Rachel Chan, West Covina resident, addressed concerns with activity; homeless, trash, illegal
activities; along the bike trail along the flood control wash behind Blue Ash Rd.
Linda Nguyen, West Covina resident, also expressed concerns with activity along the bike trail
along the wash.
Wen Zhang, West Covina Library Manager, addressed upcoming library events.
Andrew Florez, West Covina resident, addressed issues along the bike trail along the flood control
wash.
Jen-i Potras, West Covina resident, addressed homeowner lawn maintenance standards, and spoke
in opposition to interns for Councilmernbers.
George Ogden, West Covina resident, addressed agenda item regarding rules and procedure for
City Commissioners.
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Tuesday July 05, 2016
Matt Jackson, representing the West Covina Firefighters Association, thanked the Council for their
recognition of the paramedic at the previous meeting and addressed the skills of the firefighters and
paramedics and urged the Council to consider the labor negotiation request of the Firefighters
Association for additional benefits.
Herb Redholtz, West Covina resident, thanked the staff for the success of the Fourth of July event,
spoke in support in a review of commissioner stipends, spoke in opposition to Councilmembers
having an intern,
Lynne Nagel, West Covina resident, addressed her unfavorable communication experience with
West Covina dispatch during a call to complain about the use of illegal fireworks.
Colleen Rozatti, City Treasurer, expressed concerns with the interview process of the audit
committee in choosing an Auditing firm and made suggestions regarding the composition of the
committee and number of meetings held.
Elsie Messman, West Covina resident, wished Councilman Spence a speedy recovery, thanked the
Council for awarding the bus shelter maintenance contract to Valley Light Industries, and expressed
concerns with the street sweeping contract and several City issues.
John Shewmaker, West Covina resident, spoke on the city's proposed sale of parkland, participation
in board meetings via teleconferencing, school resource officers, and the Fourth of July event,
Fredrick Sykes, West Covina resident, addressed illegal fireworks activity and requested
information on calls received by public safety regarding such use and spoke in opposition of
Council interns.
Kevin Chan, West Covina resident, expressed concerns with activity taking place on the bike trail
along the flood control wash
City Manager Freeland and City Attorney Barlow addressed several of the speakers comments.
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 fromn the Consent Calendar for separate discussion or action.
APPROVAL OF MEETING MINUTES (receive & file)
April 19, 2016 Regular Closed Session Meeting Minutes
May 3, 2016 Regular Closed Session Meeting Minutes
May 5, 2016 Special City Council Strategic Plan Study Session Meeting Minutes
May 17, 2016 Regular Closed Session Meeting Minutes
May 26, 2016 Special Closed Session Meeting Minutes
June 7, 2016 Regular Closed Session Meeting Minutes
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Tuesday July 05, 2016
Motion by Warshaw and seconded by Wu to receive and file the minutes as presented. Motion
carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
TREASURER'S REPORT (receive & file)
2) City Treasurer's Report for the Month Ended May 31, 2016
It is recommended that the City Council receive and file the report.
This item was pulled from the Consent Calendar by City Manager Chris Freeland to allow City
Treasurer Colleen Rozatti to present the City's Treasurer report for month ended May 31, 2016.
Council discussion with staff included whether any recommendations have been given to the City
by the investment company.
Motion by Warshaw and seconded by Johnson to received and file the report as presented. Motion
carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
CITY MANAGER'S OFFICE
3) Cancellation of August 2, 2016 City Council Meeting
It is recommended that the City Council cancel the August 2, 2016 City Council meeting
due to National Night Out.
Motion by Warshaw and seconded by Wu to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
FINANCE DEPARTMENT
4) Fiscal Year 2015-16 Budget Amendments
It is recommended that the City Council approve the proposed Fiscal Year 2015-16 Budget
Amendments:
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Tuesday July 05, 2016
1. Un-appropriate $25,000 from Park Dedication Fee "C" Funds Project# 06204 (Acct#
06204.172.7700) for the Orangewood Soccer Complex Design, un-appropriate
$64,522.74 from Park Dedication Fee "F" Funds (Acct# 16018.175.7700) and
appropriate $25,000 to Project# 16018 (Acct#16018.172.7700) and $39,522.74 from
Park Dedication Fee "E" Funds to Project# 16018 (Acct -# 16018.174.7700) for the
Orangewood Soccer Complex; and
2. Establish Project# 16052 and confirm the Finance Director's appropriation of revenue
in the amount of $20,000 to the L.A. County Park Bond Fund in county grants (Acct#
143.51.4540) and expenditures in the amount of $20,000 to the L.A. County Park Bond
Fund in county grants (Acct # 16052.143.7700).
Motion by Warshaw and seconded by Wu to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
5) Adoption of the Fiscal Year 2016-17 Budget for the West Covina Community Services
Foundation
It is recommended that the West Covina Community Services Foundation Board of
Directors adopt the following resolution:
RESOLUTION NO. 2016-63 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE BUDGET FOR THE
WEST COVINA COMMUNITY SERVICES FOUNDATION, INCORPORATED FOR
FISCAL YEAR 2016-17
Mayor Toma stated that he would abstain on this item due to his position in the States Attorney
Office and their policy to not sit on non-profit boards.
Motion by Warshaw and seconded by Wu to approve as presented and adopt Resolution No. 2106-
63. Motion carried 4-0-1 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu
NOES: None
ABSENT: None
ABSTAIN: Abstain
I4UMAN RESOURCES
6) Approval of Settlement Authority of the City Manager or His Designee
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Tuesday July 05, 2016
It is recommended that the City Council approve the following resolution:
RESOLUTION NO. 2016-62 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 8369,
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE GENERAL
LIABILITY AND WORKERS' COMPENSATION CLAIM SETTLEMENTS IN THE
AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000) OR LESS
This item was removed from the Consent Calendar by Councilman Wu for separate consideration
for clarification to the public. City Manager Freeland presented a brief background of the City
Manager's ,current authority to approve settlements and the request to align the City Manager's
authority to approve settlements with his purchasing authority limits.
Council discussion included removing from the Resolution the authorization of the City Manager's
designee the ability to approve settlements and clarification of who specifically the authorization
is given to in the absence of the City Manager, number of settlement claims approved by the City
Manager in the past year, and review of claims through legal counsel.
Motion by Johnson and seconded by Wu to approve Resolution No. 2016-62 with amendment to
change the term of designee to acting City Manager. Motion carried 4-1 by the following vote:
AYES: Johnson, Warshaw, Wu, Toma
NOES: Spence
ABSENT: None
PUBLIC WORKS
7) Award of Contract for Local Enforcement Agency Regulatory Compliance Services
for a Closed Landfill
It is recommended that the City Council take the following actions:
1. Authorize the City Manager to execute a one-year agreement with TRC Solutions, Inc.
in the amount of $22,924 to provide Local Enforcement Agency (LEA) regulatory
compliance services at the Ben K. Kazarian (BKK) Landfill; and
2. Appropriate $1,164 from Integrated Waste Management (Fund 120) fund balance to
Acct# 120.41.4182.6120.
This item was removed from the Consent Calendar by Councilman Wu for separate consideration
to inquire as to whether there is existing monitoring at the landfill and whether the contractor or the
developer, if a developer comes in, be responsible for the monitoring. City Manager Freeland
responded.
Motion by Wu and seconded by Warshaw to approve as presented. Motion carried 5-0 by the
following vote:
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Tuesday July 05, 2016
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
8) Award of Bid for Roofing Repairs at Cameron Park Community Center (Project No.
BP-16022)
It is recommended that the City Council approve the award of contract and authorize the
City Manager to execute an agreement in a form approved by the City Attorney with Best
Contracting Services, Inc. of Gardena, California in the amount of $87,300 for the Cameron
Park Community Center Roof Improvements, Project No. BP-16022.
Motion by Warshaw and seconded by Wu to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
9) Acceptance of Open Space Lots 217 and 218 of Tract No. 32324
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-64 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ACCEPTING LOTS 217 AND 218 OF
TRACT NO. 32324 FOR OPEN SPACE PURPOSES
This item was removed from the Consent Calendar by Councilman Johnson for separate
consideration to inquire into the legality of accepting the lots. City Attorney Barlow responded.
Motion by Johnson and seconded by Toma to approve as presented and adopt Resolution No. 2016-
64. Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
10) Amendments to the Community Development Block Grant (CDBG) FY 2016-2017
Action Plan
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Tuesday July 05, 2016
It is recommended that that the City Council take the following actions:
I. Approve the proposed amendments to the CDBG FY 2016-2017 Action Plan as
detailed in Attachment No. 1; and
2. Unappropriate $60,325.59 from the CDBG Fund (Account# 1420.131.7900) and
unappropriate $30,000.00 from the CDBG Fund (Account# 15201.131.7530); and
3. Appropriate $90,325.59 to the CDBG Fund (Account# 17001.131.7500); and
4. Appropriate $33,377.00 to the CDBG Fund (Account# 16008.131.7700).
Mayor Toma introduced the Public Hearing matter and Community Services Management Analyst
Kelly McDonald presented the staff report.
Mayor Tonna opened the Public Testimony period. There was no one wishing to speak, therefore
Mayor Toma closed the Public Testimony period.
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
11) Appeal of Administrative Use Permit No. 15-46 (Revision)
Applicant: Artashes Balyan
Location: 1314 W. Francisquito Avenue (Sunset Square Shopping Center)
The Planning Commission recommends that the City Council adopt the following
resolution:
RESOLUTION NO. 2016-66 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND DENYING A REVISION TO ADMINISTRATIVE
USE PERMIT NO. 15-46 ON APPEAL OF PLANNING COMMISSION ACTION
Mayor Toma introduced the Public Hearing matter and Planning Director Jeff Anderson presented
the staff report.
Council question included whether the property owners approved the location with the original
application.
Mayor Tama opened the Public Testimony period.
Covina residents Mari Balyan, Hasmik Balyan, Anna Imedashvici, and property manager Eduard
Salaz spoke in support of the proposed revised location of the recycling center.
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Tuesday July 05, 2016
Council engaged in discussion with the applicant, Artashes Balyan, regarding the size of the
recycling containers and how they would be configured into the allotted space, concerns of
recycling customers parking too close to storefronts, and whether Mr. Balyan showed the
surrounding business owners a copy of plans and location of containers.
Council spoke in support of revised location due to no opposition expressed by the businesses and
location next to existing trash bin.
Council discussion continued regarding the procedures of the recycling center, utilizing a total of
5 parking spaces instead of 4, and returning for a review as to whether the new location is operating
smoothly.
Motion by Toma and seconded by Spence to overturn the decision of the Planning Commission
and return with an appropriate resolution.
Planning Director Anderson stated the Planning Commission had previously approved
Administrative Use Permit No. 15-46, which is the subject of the appeal, with conditions already
specified which include includes the review of operations within a specific time period and the
resolution can be modified for points made tonight which could include the size of the containers
and number of parking spaces, all which can be modified when brought back.
Toma amended his motion to bring the Planning Commission resolution back for Council
consideration except for the size of bin from 20 feet to 17 feet, seconded by Spence.
Mayor Pro Tern Warshaw would also like to see the addition of five spaces vs. four spaces.
Councilman Johnson concurred with the spaces allotted as five spaces.
Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
Councilman Spence left the meeting at 9:23 p.m.
SUCCESSOR AGENCY
Mayor Toma recessed the City Council meeting at 9:24 p.m. to convene the Successor Agency
meeting. The City Council meeting reconvened at 9:27 p.m. with all members present except
Councilman Spence who left the dais at 9:23 p.m.
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Tuesday July 05, 2016
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMAN TONY WU
12) Citywide Weed Abatement, Brush Removal and Tree Maintenance Policies and
Procedures
It is recommended that the City Council direct staff accordingly.
Councilman Wu stated his concern with potential fire hazards with tress and the amount of brush
within the City.
Public Work Director Chino Consunji provided a brief staff report regarding the City's weed
abatement program and West Coast Arborists presented a PowerPoint presentation regarding their
tree maintenance program.
'Council questions and discussion included response time for maintenance or removal of a dead or
potentially dangerous tree, upcoming end of contract and Request for Proposal (RFP) process, tree
trimming cycles, need of service prior to scheduled trimming cycle, tree maintenance program data
base and ownership of data, availability of data to the public in order for the public to view when a
tree is scheduled for maintenance, difference in cost of regular trim vs. emergency trim, and
deferring any change to the contract until the contract goes out for RFP.
Motion by Warshaw and seconded by Toma to receive and file the report. Motion carried 4-0 by
the following vote:
AYES: Johnson, Warshaw, Wu, Toma
NOES: None
ABSENT: Spence
AM 234 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 at City expense.)
None
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 41- 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.)
MAYOR PRO TEM COREY WARSHAW
13) Request from Mayor Pro Tern Corey Warshaw Requesting the City Council's
Consensus to Instruct City Staff to Review the Rules on City Commissioner
Appointments and Removals
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Tuesday July 05, 2016
It is recommended that the City Council direct staff accordingly.
Mayor Pro Tern Warshaw expressed concerns of whether Commissioners are viewed as employees
or not and possible legal complication upon removal. City Manager Freeland stated a review of
applicable Human Resources procedures will be brought forth for Council's consideration and City
Attorney Barlow outlined the current removal process.
Motion by Warshaw and seconded by Torna to review Commissioner procedures and conduct to
align with employee personnel rules. Motion carried 4-0 by the following vote:
AYES: Johnson, Warshaw, Wu, Toma
NOES: None
ABSENT: Spence
COUNCILMAN LLOYD JOHNSON
14) Request from Councilman Lloyd Johnson Requesting the City Council's Consensus to
Instruct City Staff to Review the City Commissioners' Stipends
It is recommended that the City Council direct staff accordingly.
Councilman Johnson requested a report for Council's consideration to increase the stipend received
by City Commissioners.
Motion by Johnson and seconded by Wu to review the current stipend of Commissioners, including
when in attendance at Special meetings of the Commission, and to consider an increase in the
stipend received by City Commissioners. Motion carried 4-0 by the following vote:
AYES: Johnson, Warshaw, Wu, Toma
NOES: None
ABSENT: Spence
COUNCILMAN TONY WU
15) Request from Councilman Tony Wu Requesting the City Council's Consensus to
Instruct City Staff to Prepare a Report on Selection of an Intern to Represent
Councilman Tony Wu at Community Events and Utilize City Business Cards
It is recommended that the City Council direct staff accordingly.
Councilman Wu clarified his request was consideration of an intern to represent any
Councilmember, current or future, not just himself, and elaborated on the purpose for
representation of the Councilmember when they are unable to attend an event, to provide assistance
to the Councilmember and to utilize a business card with the City's logo.
II
osalia A: Btitlei-NiVIC
Assistant City,clerk .
Tuesday July 05, 2016
Council questions and discussion included whether the intern would a City employee intern or a
personal intern of the Councilmember and concerns of liability. City Attorney Barlow stated as an
employee any liability would be the responsibility of the City, however, as a personal assistant to
the Councilmember there would be a lack of clarity as to whom the intern is representing, City or
Councilmember.
Council discussion ensued with Councilman Wu further explained the purpose of having an intern
to provide assistance to the Councilmember and issues of liability and City screening of intern.
Motion by Wu and seconded by Toma to direct staff to return with a report on the selection of an
intern to represent a Councilmember and to utilize business cards. Motion failed 2-2 by the
following vote:
AYES: Wu, Toma
NOES: Johnson, Warshaw
ABSENT: Spence
CITY COUNCIL COMMENTS
Councilman Wu thanked City staff for the successful Fourth of July event and reminded the
audience of the upcoming summer concert at City Hall showcasing Country music.
Mayor Pro Tern Warshaw also thanked staff and Community Services Department for the
successful Fourth of July event.
Councilman Johnson echoed the comments of a successful Fourth of July event, and thanked the
Hughes family for the pancake breakfast in the morning and their support of the MDA.
Mayor Toma also expressed his thanks to staff for the successful Fourth of July event.
ADJOURNMENT
Mayor Toma adjourned the meeting at 10:23 p.m.
Submitted by:
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