08-16-2016 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY AUGUST 16, 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 7:15 p.m.
INVOCATION — Led by Pastor Mason Okubo, Immanuel 1' Lutheran Church
PLEDGE OF ALLEGIANCE — Led by Councilman Lloyd Johnson
ROLL CALL
Present: Mayor James Toma
Councilmen Lloyd Johnson, Mike Spence, Tony Wu
Absent: Mayor Pro Tern Warshaw
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code 54956.8
Property: Water Tank Properties — APN's: 8735-001-933/8735-001-934
Agency Negotiator: Freeland, Hall Barlow
•Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
Tuesday August 16, 2016
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: Promenade Apartments — APN: 8457-019-004
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 2121 Shadow Oak Drive
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: 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 Barlow reported that direction was given but there was no reportable action taken.
CHANGES TO THE AGENDA
City Manager Chris Freeland stated no changes to the agenda.
PRESENTATIONS
Citrus Valley Health Partners representatives, Martin Kleinbart and Donna Townsend, presented
Fire Chief Whithorn and the West Covina Fire Department with a check to offset the costs for
several new ZOLL Defibrillators.
The West Covina Lions Club presented a check to the City for use to make improvements at the
West Covina Senior Center.
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Tuesday August 16, 2016
Mayor Toma presented former Community and Senior Services Commissioner with a Resolution
of Commendation for his services on the Commission.
Mayor Toma and Police Chief Dave Faulkner recognized retired Police Department Detective
Irene Meza for over 30 years of service to the City.
Recognition of retired Fire Engineer Todd Khmer and Fire Engineer William Gnuse have been
postponed to a subsequent meeting.
Adjournment Motions
Mayor Toma announced that the meeting will adjourn in memory of David Donald Arndt.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
John Shewmaker, West Covina resident, addressed the request to overturn the Planning Department
decision to deny a cell tower at Shadow Oak Park, and opposed an agreement with Citrus Valley
Health Partners with the sale of Sunset Field for hospital expansion.
Steve Gresham, MKL Industries, supported the City allowing marijuana dispensaries within the
City for revenue
Elsie Messman, West Covina resident, thanked the police department for keeping the City safe,
suggested the City revert to opening five days a week and addressed concerns of the City's
expenditures.
Philip Moreno, West Covina resident, addressed a City lawsuit and the misuse of public funds.
Jerri Potras, West Covina resident, address the MS4 Storrnwater permit compliance regulations and
the costs to cities for compliance urging the City to get involved with the current lawsuits with the
cities of Duarte and Gardena opposing the regulations.
William Elliott, West Covina resident, addressed concerns of current race relations, diversity and
disappointment of recent country music concert and interpretation of the culture of country music.
Martin Kleinbart, representing Citrus Valley Health Partners, announced the upcoming open house
for the new emergency room at Inter Community Hospital on August 26 at 10:00 a.m.
Jean Barrymore, West Covina resident, announced he upcoming food and wine event supporting
Citrus Valley Health Foundation to be held on October 8, 2016 at South Hills Country Club and on
October 9, 2016 at Hurst Ranch.
Fredrick Sykes, West Covina resident, requested the Council revisit no smoking in city parks.
Tuesday August 16, 2016
Carolyn Arndt, West Covina resident, addressed rule of decorum in the Council Chambers and the
conduct of a school board member Steve Cox at the last Candidates forum held and concerns of
Mr. Cox's appointment to a City Commission.
Dana Sykes, West Covina resident, spokes on concerns of smoking and support of no smoking in
public places.
Royall Brown, West Covina resident, addressed the argument in favor of ballot measure on
discontinuance of use of Sunset Field drafted by Councilmembers.
Jefferson DeRoux, West Covina resident, requested the City post a sign of a canceled meeting at
the entrance of the Chambers when a meeting is canceled, a tax increase proposed by Councilman
Spence following his election to his Council seat and police department staffing levels.
City Manager Freeland, City Attorney Barlow and Councilmembers addressed several of the
speakers' comments.
CONSENT CALENDAR
All mailers listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote.
There will be no separate discussion of these items unless members of the City Council/Community Development
Commission request specific items to be removed from the Consent Calendar for separate discussion or action.
CLAIMS AGAINST THE CITY
1) Government Tort Claim Denials (receive & file)
It is recommended that the City Council deny the following Government Tort Claims and
the claimants be notified:
James Schniep vs. The City of West Covina
John Kakos vs. The City of West Covina
Roque Salinas vs. The City of West Covina
Jazzlyn Alyssa Sandoval vs. The City of West Covina
Maria Lydia Frescas vs. The City of West Covina
City of San Dimas vs. The City of West Covina
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
TRAFFIC COMMITTEE MEETING MINUTES (accept & file)
2) July 20,2016 Traffic Committee Meeting Minutes
4
Tuesday August 16, 2016
A) Request for additional red curb on East Garvey Avenue south at the east side of
McDonald's driveway
The Committee concurred with the findings and approved the request.
B) Request for red curb on the east side of North Baymar Avenue at the corner of East
Garvey Avenue North
The Committee concurred with the findings and approved the request.
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
CITY ATTORNEY'S OFFICE
3) Option Agreement with Citrus Valley Health Partners for Sale of Sunset Field
Hospital Expansion
It is recommended that the City Council approve an Option Agreement with Citrus Valley
. Health Partners (CVHP) to give CVHP the right to purchase Sunset Field if voters approve
abandonment, and to obtain a loan/advance from CVHP to the City in the amount of
$500,000 to pursue purchase of property to expand the City's parkland.
This item was removed from the Consent Calendar by Councilman Spence for separate
consideration. Councilman Spence inquired into how long the regulatory process would take
following the certified election results, in which the City Attorney responded anywhere from 6 to
18 months. Martin Kleinbart, representing Citrus Valley Health Partners, stated they are in the
beginning stages of design and interviewing firms for expansion. Councilman Spence discussed
options of paying back the advance if the ballot measure failed.
Motion by Wu and seconded by Johnson to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
CITY MANAGER'S OFFICE
4) Appointment of City Commissioner
It is recommended that the City Council receive and file the informational report.
5
Tuesday August 16, 2016
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
FINANCE DEPARTMENT
5) Fiscal Year 2015-2016 and Fiscal Year 2016-2017 Budget Amendments
It is recommended that the City Council approve the proposed Fiscal Year 2015-16 Budget
Amendments:
• Appropriate General Fund Expenditures in the amount of $28,532.20 to service
contracts (Acct # 110.41.4153.6130) for Street Sweeping contract increases and
authorize the accompanying increase to purchase order (P0)4 16-00170; and
• Close the design phase of the Orangewood Soccer Complex Project (Acct
06204.172.7700) and move $100,000 of the remaining funds into the construction
phase of the Orangewood Soccer Complex Project (Acct 16018.172.7700); and
It is recommended that the City Council approve the proposed Fiscal Year 2016-17 Budget
Amendment:
• Appropriate General Fund expenditures in the amount of $35,000 to professional
services (Acct 110.22.2230.6110) for the establishment of two Enhanced
Infrastructure Financing Districts (EIFD).
This item was removed from the Consent Calendar by Councilman Wu for separate consideration
and he inquired into Athens Services interest in the street sweeping contract and proposed street
sweeping increases.
Motion by Johnson and seconded by Toma to approve as presented. Motion carried 3-1 by the
following vote:
AYES: Johnson, Spence, Toma
NOES: Wu
ABSENT: Warshaw
PUBLIC WORKS
6) Acceptance of Public Improvements for Project No. BP-15304 - Roof Replacement at
the Police Department Building
It is recommended that the City Council take the following actions:
6
Tuesday August 16, 2016
I. Accept the Public improvements construction for Project No. BP-15304; and
2. Authorize recordation of Notice of Completion with the Los Angeles County Recorder;
and
3. Authorize the release of retention funds 35 days after recordation of the Notice of
Completion.
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
7) Summary Vacation of a Portion of a Sanitary Sewer Easement at 1117 S. Serena Drive
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2616-70 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, SUMMARILY VACATING AND
ABANDONING EASEMENT FOR SANITARY SEWER PURPOSES THAT IS NO
LONGER REQUIRED FOR PUBLIC USE WITHIN THE CITY OF WEST COVINA
AND AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
8) Appeal of Conditional Use Permit No. 15-08, Variance No. 15-08, and Tree Removal
Permit No. 15-06
The Planning Commission recommends that the City Council adopt the following
resolution:
7
Tuesday August 16, 2016
RESOLUTION NO. 2016-71 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND DENYING CONDITIONAL USE PERMIT NO. 15-
08, VARIANCE NO. 15-08, AND TREE REMOVAL PERMIT NO. 15-06 ON APPEAL
OF PLANNING COMMISSION ACTION
Planning Director Anderson presented the staff report.
Mayor Toma announced the Public Hearing matter and Assistant City Clerk Butler verified that
proper legal notice was given. Mayor Toma stated that the Council would hear first from those in
support of the appeal, followed by those opposed, and finally the appellant would be allow to give
rebuttal to any testimony received in opposition. Mayor Toma requested questions from Council
in which there were none.
Mayor Torna opened the Public Testimony period and invited the appellant to speak.
Paul Albritton, representing Verizon Wireless, spoke in support, discussed the demands for service
for cell phones and wireless equipment, the gap in service, and discussed an appeal package
submitted to the Council to support the appeal and overturn the Planning Commission decision
which demonstrates the proposed facility will fill a gap in Verizon Wireless service, is the least
intrusive feasible alternative and that denial of the project would violate the Federal
Telecommunications Act.
Mayor Toma invited any additional speakers to speak in favor of the appeal. With no one wishing
to speak in favor of the appeal, Mayor Toma invited speakers who wished to speak in opposition
of the appeal.
Residents Dana Sykes, Fredrick Sykes, Alfred Williams, Jefferson DeRoux, Elsie Messman and
Robert Torres spoke in opposition to the appeal citing reasons of why cell tower in Shadow Oak
Park and not in other areas of the City or in neighboring cities, threat to birds from cell towers,
aesthetics of cells towers, lack of need, lack of proof of necessity by Verizon Wireless, loss of
property values, lack of information regarding dropped calls, proof of gap of service, threat of
litigation by Verizon Wireless, and lack of benefit to West Covina residents.
Mr. Albritton, representing Verizon Wireless, made rebuttal comments to opposition statements.
RECESS — Mayor Toma recessed the City council meeting at 9:51 p.m. and reconvened the
meeting at 10:03 p.m. with all members present.
Mayor Toma closed the Public Testimony period.
Councilman Wu requested the City Attorney to clarify the requested motion. City Attorney Barlow
suggested that whether the Council 'votes to uphold the Planning Commission or overturn the
Planning commission decision a resolution will be brought forward at the next City Council
meeting outlining such motion.
8
Tuesday August 16, 2016
Council questions and discussion included why Planning Department recommended approval of
project prior to Planning Commission consideration; origin of tower design; gap coverage issues
with residents stating no need for coverage while Verizon stated a need for gap coverage; number
of times a variance of requiring one-half mile separation between wireless facilities not granted;
requirement of underground vaulting vs. above ground structures; option of returning item to
Planning Commission with additional information received during City Council public hearing;
and lack- of proof by Verizon that additional coverage is needed.
Motion by Johnson and seconded by Wu to uphold the Planning Commission decision denying
Conditional Use Permit No. 15-08, Variance no. 15-08 and Tree Removal Permit No. 15-06.
Councilman Spence expressed his opposition to the appeal.
Motion carried 3-1 by the following vote:
AYES: Johnson, Wu, Toma
NOES: Spence
ABSENT: Warshaw
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
9) Argument in Favor of Ballot Measure on Discontinuance of Use of Sunset Field in
Order to Sell Property for Hospital Expansion and Potential Rebuttal Argument
It is recommended that the City Council take the following actions:
1. Consider and discuss a proposed 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 in a New Park Acquisition Fund with
the proceeds to be used only to acquire and develop new parkland; and
2. Consider and discuss preparation and submission of a rebuttal to any primary argument
against the measure which may be timely submitted; and
3. Appropriate General Fund balance in the amount of $90,000 to Elections (Acct
110.12.1210.6118) for the cost of the special election.
City Manager Freeland introduced the item and stated that the Mayor will present a proposed
argument in favor of the ballot measure for review and discussion for submittal to the City Clerk's
office no later than August 19, 2016.
Mayor Torna presented a draft ballot argument drafted by Mayor Pro Tern Warshaw and himself.
City manager Freeland clarified that the Ballot Measure designation will be changed from Measure
Q to Measure H.
9
Tuesday August 16, 2016
Council engaged in discussion regarding changes to the argument which included including
verbiage stating the expansion of the hospital's emergency facility to save more lives to promote a
positive service; adding more medical services and more parks to add the sense of more'; and pros
and cons of argument and suggestions.
Following lengthy discussion, the City Council amended the proposed argument in support of
Ballot Measure H and will submit the argument in support to the City clerk's Office no later than
August 19, 2016.
Motion by Spence and seconded by Johnson to approve as ballot argument in favor of Ballot
Measure drafted by the City Council. Motion canied 4-0 by the following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
Motion by Johnson and seconded by Wu to authorize Councilman Spence to co-author a rebuttal
argument to any primary argument against the measure if one is submitted. Motion carried 4-0 by
the following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
FINANCE DEPARTMENT
10) Comprehensive Information Technology Assessment
It is recommended that the City Council:
1. Receive and file the Comprehensive Information Technology (IT) Assessment
developed by ClientFirst Technology Consulting and authorize staff to work on
implementing the IT Master Plan initiatives; and
2. Authorize the City Manager to execute a Professional Services Agreement with
ClientFirst Technology Consultant in an amount not-to-exceed $280,000 to perform
consulting and software selection services to implement the IT Master Plan initiatives.
Finance Director Christa Buhagiar presented the staff report and introduced ClientFirst Senior
Partner Tom Jacobson and Managing Partner David Krout who presented a PowerPoint
presentation of the IT Master Plan.
Council questions included vision of telephone systems, frequency of review of goals and
objectives of plans due to changing technology, cost of agreement for consulting and software
selection and future maintenance fees,
10
Tuesday August 16, 2016
Motion by Toma and seconded by Spence to approve as presented. Motion carried 4-0. by the
following vote:
AYES: Johnson, Spence, Wu, Torna
NOES: None
ABSENT: Warshaw
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMAN LLOYD JOHNSON
11) City Commissioner Stipends
It is recommended that the City Council direct staff accordingly.
City Manager Freeland presented a brief staff report.
Councilman Johnson requested Council support to increase all commissioner stipend to $75 per
meeting, not to exceed $150 per month. Councilman Spence stated his opposition citing
surrounding cities in which commissioners receive no stipend.
Motion by Johnson and seconded by Wu to increase all commissioners stipends to $75 per meeting
ant not to exceed $150 per month, and adopted Resolution No. 2016-72 entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING
AND REPLACING RESOLUTION NO. 2012-34, RELTING TO STIPENDS OF NON-
ELECTED CITY COMMISSIONERS. Motion carried 3-1 by the following vote:
AYES: Johnson, Wu, Toma
NOES: Spence
ABSENT: Warshaw
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
in attended at City expense.)
Mayor Toma and Councilman Wu reported on the trip to Japan to visit the City of West Covina's
sister city.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 4f - 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.)
11
Tuesday August 16, 2016
COUNCILMAN MIKE SPENCE
12) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Direct Staff to Author an Opposition Letter Regarding SB 1298 (Hertzberg): Local
Government Fees and Charges
It is recommended that the City Council direct staff accordingly:
Councilman Spence requested Council consensus to have staff author a letter of opposition
regarding SB 1298 (Hertzberg): Local Government Fees and Charges and have the letter support
that the governor veto the bill. Mayor Toma stated he would not support opposition.
Motion by Spence and seconded by Johnson to have staff author a letter of opposition to SB 1298
(Hertzberg): Local Government Fees and Charges and have the letter support that the governor veto
the bill. Motion carried 3-1 by the following vote:
AYES: Johnson. Spence. Wu, Toma
NOES: Toma
ABSENT: Warshaw
13) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Direct Staff to Author an Opposition Letter Regarding AB 1217 (Daly): Orange
County Fire Authority
Councilman Spence requested this item be removed from the Agenda as he wished to have Council
consensus to oppose AB 1362 and not AB 1217.
ADJOURNMENT
Mayor Toma adjourned the meeting at 11:49 p.m.
R salia A:.BiitlMMC, ...Y -
Assistant City/Cleik' ' ,
12
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY AUGUST 16, 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 7:15 p.m.
INVOCATION — Led by Pastor Mason Okubo, Immanuel I St Lutheran Church
PLEDGE OF ALLEGIANCE — Led by Councilman Lloyd Johnson
ROLL CALL
Present: Mayor James Toma
Councilmen Lloyd Johnson, Mike Spence, Tony Wu
Absent: Mayor Pro Tern Warshaw
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: Water Tank Properties — APN's: 8735-001-933/8735-001-934
Agency Negotiator: Freeland, Hall Barlow
•Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
Tuesday August 16, 2016
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: Promenade Apartments — APN: 8457-019-004
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 2121 Shadow Oak Drive
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: 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 Barlow reported that direction was given but there was no reportable action taken.
CHANGES TO THE AGENDA
City Manager Chris Freeland stated no changes to the agenda.
PRESENTATIONS
Citrus Valley Health Partners representatives, Martin Kleinbart and Donna Townsend, presented
Fire Chief Whithorn and the West Covina Fire Department with a check to offset the costs for
several new ZOLL Defibrillators.
The West Covina Lions Club presented a cheek to the City for use to make improvements at the
West Covina Senior Center.
2
Tuesday August 16, 2016
Mayor Toma presented former Community and Senior Services Commissioner with a Resolution
of Commendation for his services on the Commission.
Mayor Toma and Police Chief Dave Faulkner recognized retired Police Department Detective
Irene Meza for over 30 years of service to the City.
Recognition of retired Fire Engineer Todd Kliewer and Fire Engineer William Gnuse have been
postponed to a subsequent meeting.
Adjournment Motions
Mayor Toma announced that the meeting will adjourn in memory of David Donald Arndt.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
John Shewmaker, West Covina resident, addressed the request to overturn the Planning Department
decision to deny a cell tower at Shadow Oak Park, and opposed an agreement with Citrus Valley
Health Partners with the sale of Sunset Field for hospital expansion.
Steve Gresham, MKL Industries, supported the City allowing marijuana dispensaries within the
City for revenue
Elsie Messman, West Covina resident, thanked the police department for keeping the City safe,
suggested the City revert to opening five days a week and addressed concerns of the City's
expenditures.
Philip Moreno, West Covina resident, addressed a City lawsuit and the misuse of public funds.
Jerri Potras, West Covina resident, address the MS4 Stormwater permit compliance regulations and
the costs to cities for compliance urging the City to get involved with the current lawsuits with the
cities of Duarte and Gardena opposing the regulations.
William Elliott, West Covina resident, addressed concerns of current race relations, diversity and
disappointment of recent country music concert and interpretation of the culture of country music.
Martin Kleinbart, representing Citrus Valley Health Partners, announced the upcoming open house
for the new emergency room at Inter Community Hospital on August 26 at 10:00 a.m.
Jean Barrymore, West Covina resident, announced he upcoming food and wine event supporting
Citrus Valley Health Foundation to be held on October 8, 2016 at South Hills Country Club and on
October 9, 2016 at Hurst Ranch.
Fredrick Sykes, West Covina resident, requested the Council revisit no smoking in city parks.
3
Tuesday August 16, 2016
Carolyn Arndt, West Covina resident, addressed rule of decorum in the Council Chambers and the
conduct of a school board member Steve Cox at the last Candidates forum held and concerns of
Mr. Cox's appointment to a City Commission.
Dana Sykes, West Covina resident, spokes on concerns of smoking and support of no smoking in
public places.
Royall Brown, West Covina resident, addressed the argument in favor of ballot measure on
discontinuance of use of Sunset Field drafted by Councilmembers.
Jefferson DeRoux, West Covina resident, requested the City post a sign of a canceled meeting at
the entrance of the Chambers when a meeting is canceled, a tax increase proposed by Councilman
Spence following his election to his Council seat and police department staffing levels.
City Manager Freeland, City Attorney Barlow and Councilmembers 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 removedfrom the Consent Calendar for sepal-ate discussion or action.
CLAIMS AGAINST THE CITY
1) Government Tort Claim Denials (receive & file)
It is recommended that the City Council deny the following Government Tort Claims and
the claimants be notified:
James Schniep vs. The City of West Covina
John Kakos vs. The City of West Covina
Roque Salinas vs. The City of West Covina
Jazzlyn Alyssa Sandoval vs. The City of West Covina
Maria Lydia Frescas vs. The City of West Covina
City of San Dimas vs. The City of West Covina
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
TRAFFIC COMMITTEE MEETING MINUTES (accept & file)
2) July 20,2016 Traffic Committee Meeting Minutes
4
Tuesday August 16, 2016
A) Request for additional red curb on East Garvey Avenue south at the east side of
McDonald's driveway
The Committee concurred with the findings and approved the request.
B) Request for red curb on the east side of North Baymar Avenue at the corner of East
Garvey Avenue North
The Committee concurred with the findings and approved the request.
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
CITY ATTORNEY'S OFFICE
3) Option Agreement with Citrus Valley Health Partners for Sale of Sunset Field
Hospital Expansion
It is recommended that the City Council approve an Option Agreement with Citrus Valley
Health Partners (CVHP) to give CVHP the right to purchase Sunset Field if voters approve
abandonment, and to obtain a loan/advance from CVHP to the City in the amount of
$500,000 to pursue purchase of property to expand the City's parkland.
This item was removed from the Consent Calendar by Councilman Spence for separate
consideration. Councilman Spence inquired into how long the regulatory process would take
following the certified election results, in which the City Attorney responded anywhere from 6 to
18 months. Martin Kleinbart, representing Citrus Valley Health Partners, stated they are in the
beginning stages of design and interviewing firms for expansion. Councilman Spence discussed
options of paying back the advance if the ballot measure failed.
Motion by Wu and seconded by Johnson to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
CITY MANAGER'S OFFICE
4) Appointment of City Commissioner
It is recommended that the City Council receive and file the informational report.
5
Tuesday August 16, 2016
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
FINANCE DEPARTMENT
5) Fiscal Year 2015-2016 and Fiscal Year 2016-2017 Budget Amendments
It is recommended that the City Council approve the proposed Fiscal Year 2015-16 Budget
Amendments:
• Appropriate General Fund Expenditures in the amount of $28,532.20 to service
contracts (Acct 110,41.4153.6130) for Street Sweeping contract increases and
authorize the accompanying increase to purchase order (P0)# 16-00170; and
• Close the design phase of the Orangewood Soccer Complex Project (Acct #
06204.172.7700) and move $100,000 of the remaining funds into the construction
phase of the Orangewood Soccer Complex Project (Acct # 16018.172.7700); and
It is recommended that the City Council approve the proposed Fiscal Year 2016-17 Budget
Amendment:
• Appropriate General Fund expenditures in the amount of $35,000 to professional
services (Acct if 110.22.2230.6110) for the establishment of two Enhanced
Infrastructure Financing Districts (EIFD).
This item was removed from the Consent Calendar by Councilman Wu for separate consideration
and he inquired into Athens Services interest in the street sweeping contract and proposed street
sweeping increases.
Motion by Johnson and seconded by Toma to approve as presented. Motion carried 3-1 by the
following vote:
AYES: Johnson, Spence, Toma
NOES: Wu
ABSENT: Warshaw
PUBLIC WORKS
6) Acceptance of Public Improvements for Project No. BP-15304 - Roof Replacement at
the Police Department Building
It is recommended that the City Council take the following actions:
6
Tuesday August 16, 2016
1. Accept the Public improvements construction for Project No. BP-15304; and
2. Authorize recordation of Notice of Completion with the Los Angeles County Recorder;
and
3. Authorize the release of retention funds 35 days after recordation of the Notice of
Completion.
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Torna
NOES: None
ABSENT: Warshaw
7) Summary Vacation of a Portion of a Sanitary Sewer Easement at 1117 S. Serena Drive
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-70 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, SUMMARILY VACATING AND
ABANDONING EASEMENT FOR SANITARY SEWER PURPOSES THAT IS NO
LONGER REQUIRED FOR PUBLIC USE WITHIN THE CITY OF WEST COVINA
AND AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION
Motion by Johnson and seconded by Wu to approve as presented. Motion carried 4-0 by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
8) Appeal of Conditional Use Permit No, 15-08, Variance No. 15-08, and Tree Removal
Permit No. 15-06
The Planning Commission recommends that the City Council adopt the following
resolution:
7
Tuesday August 16, 2016
RESOLUTION NO. 2016-71 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND DENYING CONDITIONAL USE PERMIT NO. 15-
08, VARIANCE NO. 15-08, AND TREE REMOVAL PERMIT NO. 15-06 ON APPEAL
OF PLANNING COMMISSION ACTION
Planning Director Anderson presented the staff report.
Mayor Toma announced the Public Hearing matter and Assistant City Clerk Butler verified that
proper legal notice was given. Mayor Toma stated that the Council would hear first from those in
support of the appeal, followed by those opposed, and finally the appellant would be allow to give
rebuttal to any testimony received in opposition. Mayor Toma requested questions from Council
in which there were none.
Mayor Toma opened the Public Testimony period and invited the appellant to speak.
Paul Albritton, representing Verizon Wireless, spoke in support, discussed the demands for service
for cell phones and wireless equipment, the gap in service, and discussed an appeal package
submitted to the Council to support the appeal and overturn the Planning Commission decision
which demonstrates the proposed facility will fill a gap in Verizon Wireless service, is the least
intrusive feasible alternative and that denial of the project would violate the Federal
Telecommunications Act.
Mayor Toma invited any additional speakers to speak in favor of the appeal. With no one wishing
to speak in favor of the appeal, Mayor Toma invited speakers who wished to speak in opposition
of the appeal.
Residents Dana Sykes, Fredrick Sykes, Alfred Williams, Jefferson DeRoux, Elsie Messman and
Robert Torres spoke in opposition to the appeal citing reasons of why cell tower in Shadow Oak
Park and not in other areas of the City or in neighboring cities, threat to birds from cell towers,
aesthetics of cells towers, lack of need, lack of proof of necessity by Verizon Wireless, loss of
property values, lack of infolmation regarding dropped calls, proof of gap of service, threat of
litigation by Verizon Wireless, and lack of benefit to West Covina residents.
Mr. Albritton, representing Verizon Wireless, made rebuttal comments to opposition statements.
RECESS — Mayor Toma recessed the City council meeting at 9:51 p.m. and reconvened the
meeting at 10:03 p.m. with all members present.
Mayor Toma closed the Public Testimony period.
Councilman Wu requested the City Attorney to clarify the requested motion. City Attorney Barlow
suggested that whether the Council -votes to uphold the Planning Commission or overturn the
Planning commission decision a resolution will be brought forward at the next City Council
meeting outlining such motion.
8
Tuesday August 16, 2016
Council questions and discussion included why Planning Departnient recommended approval of
project prior to Planning Commission consideration; origin of tower design; gap coverage issues
with residents stating no need for coverage while Verizon stated a need for gap coverage; number
of times a variance of requiring one-half mile separation between wireless facilities not granted;
requirement of underground vaulting vs. above ground structures; option of returning item to
Planning Commission with additional information received during City Council public hearing;
and lack of proof by Verizon that additional coverage is needed.
Motion by Johnson and seconded by Wu to uphold the Planning Commission decision denying
Conditional Use Permit No. 15-08, Variance no. 15-08 and Tree Removal Permit No. 15-06.
Councilman Spence expressed his opposition to the appeal.
Motion carried 3-1 by the following vote:
AYES: Johnson, Wu, Toma
NOES: Spence
ABSENT: Warshaw
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
9) Argument in Favor of Ballot Measure on Discontinuance of Use of Sunset Field in
Order to Sell Property for Hospital Expansion and Potential Rebuttal Argument
It is recommended that the City Council take the following actions:
1. Consider and discuss a proposed 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 in a New Park Acquisition Fund with
the proceeds to be used only to acquire and develop new parkland; and
2. Consider and discuss preparation and submission of a rebuttal to any primary argument
against the measure which may be timely submitted; and
3. Appropriate General Fund balance in the amount of $90,000 to Elections (Acct #
110.12.1210.6118) for the cost of the special election.
City Manager Freeland introduced the item and stated that the Mayor will present a proposed
argument in favor of the ballot measure for review and discussion for submittal to the City Clerk's
office no later than August 19, 2016.
Mayor Toma presented a draft ballot argument drafted by Mayor Pro Tern Warshaw and himself.
City manager Freeland clarified that the Ballot Measure designation will be changed from Measure
Q to Measure H.
9
Tuesday August 16, 2016
Council engaged in discussion regarding changes to the argument which included including
verbiage stating the expansion of the hospital's emergency facility to save more lives to promote a
positive service; adding more medical services and more parks to add the sense of more'; and pros
and cons of argument and suggestions.
Following lengthy discussion, the City Council amended the proposed argument in support of
Ballot Measure II and will submit the argument in support to the City clerk's Office no later than
August 19, 2016.
Motion by Spence and seconded by Johnson to approve as ballot argument in favor of Ballot
Measure drafted by the City Council. Motion carried 4-0 by the following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
Motion by Johnson and seconded by Wu to authorize Councilman Spence to co-author a rebuttal
argument to any primary argument against the measure if one is submitted. Motion carried 4-0 by
the following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
FINANCE DEPARTMENT
10) Comprehensive Information Technology Assessment
It is recommended that the City Council:
1. Receive and file the Comprehensive Information Technology (IT) Assessment
developed by ClientFirst Technology Consulting and authorize staff to work on
implementing the IT Master Plan initiatives; and
2. Authorize the City Manager to execute a Professional Services Agreement with
ClientFirst Technology Consultant in an amount not-to-exceed $280,000 to perform
consulting and software selection services to implement the 1T Master Plan initiatives.
Finance Director Christa Buhagiar presented the staff report and introduced ClientFirst Senior
Partner Torn Jacobson and Managing Partner David Krout who presented a PowerPoint
presentation of the IT Master Plan.
Council questions included vision of telephone systems, frequency of review of goals and
objectives of plans due to changing technology, cost of agreement for consulting and software
selection and future maintenance fees,
10
Tuesday August 16, 2016
Motion by Toma and seconded by Spence to approve as presented. Motion carried 4-0. by the
following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: None
ABSENT: Warshaw
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMAN LLOYD JOHNSON
11) City Commissioner Stipends
It is recommended that the City Council direct staff accordingly.
City Manager Freeland presented a brief staff report.
Councilman Johnson requested Council support to increase all commissioner stipend to $75 per
meeting, not to exceed $150 per month. Councilman Spence stated his opposition citing
surrounding cities in which commissioners receive no stipend.
Motion by Johnson and seconded by Wu to increase all commissioners stipends to $75 per meeting
ant riot to exceed $150 per month, and adopted Resolution No. 2016-72 entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF WEST COVfNA, CALIFORNIA, REPEALING
AND REPLACING RESOLUTION NO. 2012-34, RELTING TO STIPENDS OF NON-
ELECTED CITY COMMISSIONERS. Motion carried 3-1 by the following vote:
AYES: Johnson, Wu, Toma
NOES: Spence
ABSENT: Warshaw
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.)
Mayor Toma and Councilman Wu reported on the trip to Japan to visit the City of West Covina's
sister city.
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.)
11
Mayor Tama adjourned the meeting at 11:49 p.m.
, Submitted by:
Tuesday August 16, 2016
COUNCILMAN MIKE SPENCE
12) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Direct Staff to Author an Opposition Letter Regarding SS 1298 (Hertzberg): Local
Government Fees and Charges
It is recommended that the City Council direct staff accordingly:
Councilman Spence requested Council consensus to have staff author a letter of opposition
regarding SB 1298 (Hertzberg): Local Government Fees and Charges and have the letter support
that the governor veto the bill. Mayor Toma stated he would not support opposition.
Motion by Spence and seconded by Johnson to have staff author a letter of opposition to SB 1298
(Hertzberg): Local Government Fees and Charges and have the letter support that the governor veto
the bill. Motion carried 3-1 by the following vote:
AYES: Johnson, Spence, Wu, Toma
NOES: Toma
ABSENT: Warshaw
13) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Direct Staff to Author an Opposition Letter Regarding AB 1217 (Daly): Orange
County Fire Authority
Councilman Spence requested this item be removed from the Agenda as he wished to have Council
consensus to oppose AB 1362 and not AB 1217.
ADJOURNMENT
R salia A."-Bittlei-%.MMC
Assistant Cityilei.1('
12
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY/
HOUSING AUTHORITY
TUESDAY AUGUST 16, 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,
Successor Agency and Housing Authority at 6:00 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
Councilmen Lloyd Johnson, Mike Spence, Tony Wu
Absent: Mayor Pro Tern Warshaw
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 August 16, 2016
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: Water Tank Properties — APN's: 8735-001-933/8735-001-934
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: Promenade Apartments — APN: 8457-019-004
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 2121 Shadow Oak Drive
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: 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
- W.0 Firefighters' Management Assoc.
W.C. Firefighters' Association, I.A.F.F., Local 3226
• Unrepresented Employee Group
- Department Heads
ADJOURNMENT
Chairman Torna adjourned the meeting at 6:47 p.m.
- General Employees
- Mid-Management Employees
- W.C. Police Management Association
2
Tuesday August 16, 2016
Submitted by:1 ,. V
BL3-1-L,
Rosaliar,A.;13t1-(1r, NINIC
AssiStait',City.lCjerk. '
Corey W haw
Mayor
3