07-19-2016 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY JULY 19, 2016, 6:00 PM
REGULAR1VIEETING-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
and Successor Agency at 6:05 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 (arrived at 6:20 p.m.), Tony Wu
Absent: None
Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City
Manager Laura Minnich
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None
Tuesday July 19, 2016
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: Chamber of Commerce Building (811 Sunset Ave.)
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant To Government Code § 54956.9(d)(3)
Number of Cases: Three (3)
ADJOURN1VIENT
Chairman Toma adjourned the meeting at 6:47 p.m.
- Submitted 133.,:
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CITY OF WEST COVINA
CITY COUNCIL
TUESDAY JULY 19, 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 7:00 p.m.
INVOCATION — Led by Assistant City Clerk Rosalia A. Butler
PLEDGE OF ALLEGIANCE — Led by Councilman Lloyd Johnson
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
Property: Chamber of Commerce Building (811 Sunset Ave.)
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
Tuesday July 19, 2016
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(3)
Number of Cases: Three (3)
City Attorney Barlow reported that no reportable action was taken during closed session.
CHANGES TO THE AGENDA
City Manager Chris Freeland stated that Item #3 needs to be pulled from the Consent Calendar as
it is a discussion item.
PRESENTATIONS
Mayor Toma presented Police Chief Dave Faulkner with a Proclamation recognizing August 2,
2016 as national Night Out. Police Chief Faulkner accepted the Proclamation on behalf of the
Police Department.
Adjournment Motions
Mayor Toma requested the meeting be adjourned in honor of the following:
Patrick Zamarripa, Dallas Police Department
Michael Krol, Dallas Police Department
Michael Smith, Dallas Police Department
Lorne Ahrens, Dallas Police Department
Brent Thompson, DART Police Department
Montrell Jackson, Baton Rouge Police Department
Matthew Gerald, Baton Rouge Police Department
Brad Garafola, East Baton Rouge Sherriff s Department
Glenn Welsh, West Covina resident
Les Clemmens, West Covina resident
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Lola Finley, West Covina resident, thanked the West Covina Police Department for their efforts on
the Fourth of July; gave condolences to the police officers that have lost their lives in Dallas, Texas
and Baton Rouge, Louisiana; announced National Night Out in her neighborhood, and requested
more information regarding the proposed closure of the Walnut Creek bike trail.
Steve Gresham, MKC Industries, addressed the City use a professional company to help collect
revenue from the legalization of marijuana.
Maria Arteaga, West Covina resident, addressed concerns of activities and safety with activities
along the bike trail along the Walnut Creek wash.
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Tuesday July 19, 2016
Linda Nguyen, West Covina resident, addressed concerns of activities along the Walnut Creek
wash.
Matt Jackson, representing the West Covina Firefighters' Association, spoke on negotiations and
the firefighters' contract.
Josie Florez, West Covina resident, addressed the bike trail along the Walnut Creek wash as unsafe.
Michael Florez, West Covina resident, addressed issues along the Walnut Creek wash bike trail.
Andrea Mercado, West Covina resident and a vice president of the West Covina Marching Band
Parent Association and spoke in support of the West Covina High School band community event
on August 12.
Lisa Mayo, West Covina resident, address the upcoming "They Will Know" event on September
27, 2016 for awareness of bullying and domestic violence.
Fredrick Sykes, West Covina resident, expressed opposition to the sale of Sunset Park and any City
owned property without a planned replacement of the open space.
Pablo Lucanera, West Covina resident, spoke in support of the sale of Sunset Park with the revenue
being used for additional park space, and spoke on the increase of crime and vehicle break-ins and
requested increase police patrol.
Robert Torres, West Covina resident, spoke in support of the Council authorizing an argument in
support of the sale of Sunset Field and requested revenues be used for the acquisition of additional
park land, specifically surplus property owned by the Covina Valley Unified School District
(CVUSD) which they will offer to the City.
Fabiola Wong, West Covina resident, addressed the surplus property owned by the CVUSD which
win be offered to the City and supported the sale of Sunset Field and funds be used to purchase the
surplus property.
Craig Melicher, West Covina resident, addressed the General Plan Update and planning for the
remainder of the City not within the General Plan Update area.
City Manager Freeland and City Attorney Barlow addressed several of the speakers' comments.
Councilman Spence inquired as to when the Planning Department will bring back marijuana
cultivation regulations and requested to agendize for discussion a repeal of Ordinance 2265,
prohibiting the operation and establishment of medical marijuana dispensaries.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to he 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.
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Tuesday July 19, 2016
COMMISSION SUMMARY OF ACTIONS (receive & file)
1) May 10, 2016 Human Resources Commission Special Meeting Minutes
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
CLAIMS AGAINST THE CITY
2) Government Tort Claim Denials (receive & file)
It is recommended that the City Council deny the following Government Tort claim and the
claimant and/or their respective attorney be notified:
Ulysses GamIda vs. The City of West Covina
Ria Ioannidis vs. The City of West Covina
Carlos Miramontes vs. The City of West Covina
Heriberto Navarro vs. The City of West Covina
Mirna Osegueda vs. The City of West Covina
William Park vs. The City of West Covina
George C. Peterson vs. The City of West Covina
Kuehner Yoquigua vs. The City of West Covina
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
CITY ATTORNEY'S OFFICE
3) Issuing Wearable Badges to Non-Sworn Employees or Officials of a Department,
Including Council Members
It is recommended that the City Council review the opinion of the City Attorney regarding
issuance of wearable badges to non-sworn employee officials or a department including
City Council members and provide direction.
City Manager Freeland requested this item be removed from the Consent Calendar for Council
discussion.
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Tuesday July 19, 2016
City Attorney Barlow presented a brief staff report regarding the issuance of badges similar to those
of public safety to Councilmembers.
Council discussion included that there is no reason for a Councilmember to be issued a badge and
the liability of misinterpretation of the badge, Council's decision to overturn the City Manager's
direction to the Police Chief to not issue badges to Councilmembers, trust and honesty of using
badge, ability to obtain badges online for misuse to impersonate public safety, receiving an opinion
of the Attorney General, and issuance of badge incased in Lucite rather than a wearable badge.
Motion by Toma and seconded by Warshaw to not issue any badges to CounCilmembers. Motion
failed 2-3 by the following vote:
AYES: Warshaw, Toma
NOES: Johnson, Spence, Wu
ABSENT: None
Motion by Johnson and seconded by Toma to issue Councilmember badges to be incased in Lucite.
Motion carried 3-2 by the following vote:
AYES: Johnson, Warshaw, Tama
NOES: Spence, Wu
ABSENT: None
HUMAN RESOURCES
4) Approving the Updated Full-Time Position Salary Schedule to Include New Positions
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-68 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING THE FULL TIME SALARY
SCHEDULE TO INCLUDE THE ASSISTANT CITY ENGINEER, FIRE MARSHAL,
FORENSIC SPECIALIST, INFORMATION TECFLNOLOGY MANAGER, LEAD
JAILER, AND RECREATION SUPERINTENDENT JOB CLASSSIFCATIONS
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
5) Premiums for the Fiscal Year 2016-2017 Excess General Liability Coverage, Excess
Workers' Compensation Coverage and Property Insurance with the Big Independent
Cities Excess Pool
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Tuesday July 19, 2016
It is recommended that the City Council authorize payment of the Fiscal Year 2016-2017
premiums for excess general liability coverage, excess workers' compensation coverage and
property insurance premium with Big Independent Cities Excess Insurance Pool, in the
amount of $529,360.
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
6) Amendment to the Memorandum of Understanding with the West Covina Non-Sworn
Safety Support Employees' Association and the Appropriation of Funds
It is recommended that the City Council take the following actions:
1.) Appropriate $42,650 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. 2016-69 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE WEST
COVINA NON-SWORN SAFETY SUPPORT EMPLOYEES' ASSOCIATION FOR THE
PERIOD OF JULY 1, 2015 THROUGH JUNE 30, 2016
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
PLANNING DEPARTMENT
7) Reduction of Improvement Agreement (Landscape Bond) Administrative Use Permit
No. 13-10 through 13-21 Van Daele Development (VD Homes)
It is recommended that the City Council reduce the Improvement Agreement (Front Yard
Landscape Bond) for Administrative Use Permit (AUP) 13-10 through AUP 13-21 for
newly constructed houses Horizon Hills Road and Mountain Ridge Road. The Improvement
Agreement is $199,415 and the request is to reduce the bond amount by $119,649 for a new
total bond amount of $79,766.
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Tuesday July 19, 2016
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
8) Appeal of Administrative Use Permit No. 15-46
Applicant: Artashes Balyan
Location: 1314 W. Francisquito Ave. (Sunset Square Shopping Center)
Based on City Council recommendation at the July 5, 2016 City Council meeting, the
following resolution has been prepared for adoption:
RESOLUTION NO. 2016-66 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE
PLANNING COMMISSION FOR RELOCATION AND APPROVING 'A REVISION
TO ADMINISTRATIVE USE PERMIT NO. 15-46 ON APPEAL OF PLANNING
COMMISSION ACTION
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
POLICE DEPARTMENT
9) Asset Forfeiture Funds for Special Enforcement Team (Set) Vehicle)
It is recommended that the City Council appropriate federal asset forfeiture funds in the
amount of $35,000 into account 117.31.3131.7170 for the purchase and equipping of a non-
patrol vehicle for the Special Enforcement Team (SET).
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
10) Award of Bid - Police Parking Fence
It is recommended that the City Council take the following actions:
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Tuesday July 19, 2016
1.) Find that JRC Wrought Iron of Rosemead, CA, is the sole responsible bidder for the
Police Parking Fence Project; and
2.) Authorize the City Manager to execute an agreement with JRC Wrought Iron totaling
$98,400, from account 117.31.3110.7530.
This item was pulled from the Consent Calendar by Councilman Johnson for separate consideration
to clarify as to why bid is being awarded when only one bid received.
Police Chief Faulkner presented a brief report explaining that eleven vendors participated in the
mandatory on-site pre-proposal walk through and only one vendor submitted a bid meeting all of
the police department's requirements.
Motion by Johnson and seconded by Warshaw to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
PUBLIC WORKS
11) Grant of Easement for Utility and Access Purposes in Favor of Verizon Wireless
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-65 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A GRANT OF EASEMENT IN FAVOR OF LOS ANGELES
SMSA LIMITED PARTNERSHIP DBA VERIZON WIRELESS
This item was pulled from the Consent Calendar by Councilman Wu for separate consideration and
asked for clarification of how often Verizon will use the easement and whether there is a potential
hazard to children that use the park and neighboring school. City Manager Freeland responded that
this will fulfill the easement requirements for access to underground utilities at site as previously
approved by the Council.
Motion by Spence and seconded by Warshaw to approve as presented. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
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Tuesday July 19, 2016
12) Acceptance of Open Space Parcel 2 of Parcel Map No. 22037
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-67- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ACCEPTING PARCEL 2 OF PARCEL
MAP NO. 22037
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
END OF CONSENT CALENDAR
DEPARTMENTAL REGULAR MATTERS
CITY MANAGER'S OFFICE
13) Designation of Voting Delegates for League of California Cities 2016 Annual
Conference & Expo
It is recommended that City Council designate a voting delegate and up to two alternates
for the League of California Cities 2016 Annual Conference & Expo.
City Manager Freeland presented a brief staff report.
Motion by Warshaw and seconded by Johnson to appoint Councilman Spence as the City's delegate
for the League of California Cities 2016 Annual Conference. Motion carried 5-0 by the following
vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
Motion by Toma and seconded by Warshaw to appoint Councilman Johnson as the alternate
delegate for the League of California Cities 2016 Annual Conference. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
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Tuesday July 19, 2016
COMMUNITY SERVICES DEPARTMENT
14) Argument in Favor of Ballot Measure on Discontinuance of Use of Sunset Field in
Order to Sell Property for Hospital Expansion
It is recommended that the City Council detellnine if the entire City Council wishes to be
the author of an argument in favor of the Ballot Measure to Discontinue use of Sunset Field
to allow the property to be sold to Citrus Valley Health Partners (CVHP) and for proceeds
to be placed into the City's Park Acquisition Fund with the proceeds to be used only to
acquire and develop new parkland, and if so, to designate the member(s) who will draft the
argument.
Community Services Director Nikole Bresciani presented the staff report.
Council discussion included having all five Councilmembers in support of drafting argument in
favor of ballot measure and which councilmembers to draft argument, deadline for signing, and
obligations of Council reporting to Fair Political Practices Commission is authoring an argument.
Mayor Toma and Mayor Pro Tern Warshaw request to in drafting of the argument.
Motion by Toma and seconded by Wu to have all five Council Member be authors of the argument
and Mayor Toma and Mayor Pro Tern Warshaw draft the argument for review by the Council.
Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
MAYOR/COUNCILMEMBERS REPORTS
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 at City expense.)
None
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.)
MAYOR JAMES TOMA
15) Request from Mayor James Toma Requesting the City Council's Consensus to Direct
Staff to Return to Council with a Report Regarding Long-Term City Contracts with
Vendors of Greater than 6 Years
It is recommend that the City Council direct staff accordingly.
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Tuesday July 19, 2016
Mayor Tama addressed the issues of long term contracts with lack of oversite and public review
and to request a report from staff regarding such contracts.
Council discussion included whether request included contracts with multiple renewals or contracts
greater than six years or more.
Motion by Toma and seconded by Wu to approve staff return with a report regarding long-tetin
contract city contracts of greater than six years. Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
COUNCILMAN MIKE SPENCE
16) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Direct Staff to Return to Council with an Item Regarding the Possible Closure of the
Walnut Creek Bikeway
It is recommend that the City Council direct staff accordingly.
Councilman Spence requested discussion of closing of the Walnut Creek Bike trail due to resident's
comments.
Motion by Spence and seconded by Wu to return for further discussion regarding the possible
closure of the Walnut Creek Bikeway. Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
CITY COUNCIL COMMENTS
Councilman Johnson announced his appointment to the COG (Council of Governments) homeless
committee.
Councilman Spence inquired into active shooter training for the public by the police department.
Mayor Toma announced the Historical Society Summerfest on Augusts 13' 2016.
ADJOURNMENT
Mayor Toma adjourned the meeting at 8:45 p.m. p.m.
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Tuesday July 19, 2016
/ Submittencphiy: t ,
Corey WarAaw
Mayor
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