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10-18-2016 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY OCTOBER 18, 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 6:03 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, Tony Wu Tony Wu Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Human Resources Director Tom Bokosky, Jim Touchstone from Jones & Mayer PUBLIC COMMENTS ON ITEMS ON THE AGENDA None ROsalia A. WitletiNMC Assistant City Clerk Tuesday October 18, 2016 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION • Pursuant to Government Code 54956.9(d)(1) The City of Gardena v. Regional Water Quality Control Board, et al., 30-2016-00833722 and related case (30-2016-00833614) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code 54956.9(d)(3) Number of Cases: One (1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code S 54957 Title: City Attorney 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 ADJOURNMENT Chairman'to'L adjourned the meeting at 6:58 p.m. / SubrnitteCI Y ' • - 2 CITY OF WEST COVINA CITY COUNCIL/WEST COVINA COMMUNITY SERVICES FOUNDATION TUESDAY OCTOBER 18, 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 Rosalia A. Butler PLEDGE OF ALLEGIANCE — Led by Councilman Spence ROLL CALL Present: Mayor James Tema, Mayor Pro Tern Corey Warshaw Councilmen Lloyd Johnson, Mike Spence, Tony Wu Staff present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Finance Director Christa Buhagiar, Community Services Director Nikole Bresiani, Deputy City Manager Laura Minnich, Public Works Director Delfino "Chino" Consunji. Human Recourses Director Tom Bokosky, Planning Director Jeff Anderson, Police Chief Dave Faulkner, Fire Chief Larry Whithorn, and Assistant City Clerk Rosalia A. Butler Tuesday October 18, 2016 REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) The City of Gardena v. Regional Water Quality Control Board, et al., 30-2016-00833722 and related case (30-2016-00833614) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(3) Number of Cases: One (1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957 Title: City Attorney 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 no reportable action was taken in closed session but direction was given by the Council. CHANGES TO THE AGENDA City Manager Freeland stated Item # 10 would be moved forward and considered prior to Oral Communications. PRESENTATIONS Mayor Toma called forward Sharon Hall, member of the American Cancer Society, and Marietta Spillone, West Covina resident and founder of the Business People 4 Breast Cancer and presented them with a Proclamation proclaiming the month of October 2016 as Breast Cancer Awareness Month. Mayor Toma called forward Lisa Mayo, West Covina resident, who spoke on how the community can bring awareness to domestic violence and bullying and presented her with a Proclamation proclaiming October 2016as Domestic Violence Awareness Month and a Certificate of Recognition 2 Tuesday October 18, 2016 for her theatrical production about the warning signs of Domestic Violence and bullying. Licette Figueroa, representing Congresswoman Grace Napolitano's office presented Ms. Mayo with a Certificate of Recognition. Mayor Torna called forward and presented Rowland Unified School District Police Chief Don Fernald and Dave Alfaro, representing Rotary Club, with a Proclamation proclaiming October 2016 as Red Ribbon Month. Mayor Tama. announced October 21, 2016 as Crazy Ex-Girlfriend Day in West Covina, due to the success of the CW network hit Crazy Ex-Girlfriend, a comedy set in the City of West Covina. Series star Rachel Bloom thanked the City of West Covina for the Proclamation through a recorded video and Mayor Toma presented series star Vella Lovell and producer Michael Hitchcock with a Proclamation proclaiming October 21, 2016 as Crazy Ex-Girlfriend day in West Covina. Adjournment Motions There were no adjournment motions for tonight's meeting. Reordering of Agenda Items Mayor Toma announced that Item # 10 would be reordered on the agenda and heard prior to Oral Communications due to public interest in the pending lawsuit and number of audience members. A separate Oral Communication period will be held separately for this item and any speaker who also wishes to comment on any other item on the agenda may do so under the regular Oral Communication period. DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 10) California Voting Rights Act It is recommended that the City Council receive a presentation on the pending lawsuit under the California Voting Rights Act, consider input from the public, consider options, and if appropriate, direct staff accordingly. City Attorney Barlow stated the lawsuit has been served and received and she will be returning the acknowledgement of receipt on or prior to October 31, 2016. James Touchstone, litigation department manager at Jones & Mayer gave a presentation and PowerPoint presentation on the California Voting Rights Act (CVRA), various Assembly and Senate bills which regarding the establishment of voting districts and change of election date, and options of the City Council as to opposing the litigation and litigate the case, attempting to settle the case, or take steps to change to by-district election by either placing a measure on the ballot or through the adoption of an ordinance. 3 Tuesday October 18, 2016 City Attorney Barlow commented that a City voter initiated ballot measure to change to by-district elections was voted on in 2009 and failed, and stated that the plaintiffs' of the pending current lawsuit would proceed with litigation even if another measure was placed on the ballot. Barlow further stated that in past cases when the Cities have prevailed in such litigation, courts have awarded cities to pay plaintiffs' attorney's fees. ORAL COMMUNICATIONS - Five (5) minutes per speaker Trudy Saltmarsh, West Covina resident, presented demographic statistics for West Covina which supports Latinos as a majority ethnic group in West Covina questioning the intent of the lawsuit. Lola Finley, West Covina resident, questioned whether cities can unite to oppose districting and change California Voting Rights Act legislation, and stated the voters have already voted against districts. Gloria Gandara, West Covina resident, spoke in opposition to districting and expressed concerns with financial burden of lawsuit. Elsie Messman, West Covina resident, addressed the diversity of the City and opposed to districting. Dave Stewart, West Covina resident, spoke in support of being able to vote for your candidate of choice and expressed concerns with the financial burden of litigation. William Elliott, West Covina resident, spoke in support of litigation and stated the only winners will be attorneys. John Shewmaker, West Covina resident, stated candidates should be elected on ideas and not race and costs of litigation. Herb Redholtz, West Covina resident, spoke that districting is dividing the city and giving up 80% of your vote for City Council. Irene Fleck, West Covina resident, addressed giving up democracy by district elections, viewed lawsuit as blackmail since cities cannot afford to litigate. George Ogden, West Covina resident, spoke in opposition to districting and considered the lawsuit as extortion. Nick Lewis, West Covina resident, supported fighting litigation and presented background on California Election Code sections allowing such litigation. Lawrence Shih, West Covina resident, commented that regardless of how the City moves forward with the issue, to move proceed respectfully and consider all views expressed. 4 Tuesday October 18, 2016 Fredrick Sykes, West Covina resident, spoke in support of districts as districts will support equal representation in the City. Dana Sykes, West Covina resident, spoke in support of districts for equal representation in the city. Abel Salinas, West Covina resident, spoke in support of transitioning to by-district elections. Caroline Salinas, West Covina, spoke in support of by-district elections for equal representation of the city. Forrest Wilkins, West Covina resident, spoke in support of at-large elections and to fight against the lawsuit. Alfred Williams, West Covina resident, stated he was a proponent of the 2009 measure proposing voting districts due to years of polarized voting and previous councilmembers residing in one area who did not support all areas of the city. Bradley McFadden, West Covina resident, recommended to lobby legislators to change the laws and supported fighting the lawsuit. Daniel Luna, West Covina resident, spoke in support of by-district voting for equal representation and stated it will improve citizen participation. Bruce Leinbach, West Covina resident, spoke on the change of diversity in the City and sees very little racial discrimination in the City. Claudia Goytia, West Covina resident, spoke that resources throughout the City are not equal and the need for Council to represent the City equally and to represent all residents. Robert Torres, West Covina resident, presented background information which opined that it is highly probably that the current voting system is in violation of the California Voting Rights Act and supported a study to determine if the City is in violation and addressed the costs savings of by- district elections. Robert Hidalgo, West Covina resident, supported the City Council make an informed decision and what is best for West Covina and not just financial costs. Paul Mercier, West Covina resident, inquired as to how districts are set up, whether he would have the ability to vote for every candidate or just the candidate who lives in his district and cost to implement by-district elections. RECESS — Mayor Toma called for a recess at 9:48 p.m. The City Council reconvened at 9:59 p.m. will all members present. City Manager Freeland and City Attorney Barlow responded to several comments from the speakers. 5 Tuesday October 18, 2016 Council Discussion City Council engaged in lengthy question and discussion period with City Attorney Barlow and Attorney Touchstone regarding the California Voting Rights Act which included demographic studies and how it is determined one's ethnicity, determining polarized voting, weight of a district ballot measure result supporting/opposing district voting and court still determining racial polarized voting, whether plaintiffs in CRV litigation can financially benefit, cost of implementation of districts, class action lawsuit between cities which have been sued over perceived CVRA violations for change of legislation, Council option to implement districts and maps if they continue with litigation process and lose litigation vs. judge ordered districting and implementation of maps submitted by plaintiffs, independent attorney firm to review and opine on proposed litigation by plaintiffs. Motion by Johnson and seconded by Spence to have independent law firm which specializes in the California Voting Rights Act to review/analyze litigation. Motion carried 5-0 by the following vote: AYES: Johnson, Spence, Warshaw, Wu, Toma NOES: None ABSENT: None Council discussion continued expressing their view on unity and representing the City as a whole, at large voting and district voting, and various options regarding districting. Reordering of Agenda Items City Manage Freeland requested to reorder and move forward Item #12, West Covina Community Services Foundation Fiscal Year 2015-16 Annual Report, and to hear any Oral Communication regarding the item. Mayor Toma recused himself from participation due a policy at his place of employment to not sit on a non-profit board, left the dais and Mayor Pro Tern Warshaw took over as chair for Item #12. Community Services Foundation Board Member Phil Kaufman too his seat at the dais. ORAL COMMUNICATIONS - Five (5) minutes per speaker No speakers for Item #12. COMMUNITY SERVICES DEPARTMENT 12) West Covina Community Services Foundation Fiscal Year 2015-16 Annual Report It is recommended that the West Covina Community Services Foundation Board of Directors receive and file the West Covina Community Services Foundation's Fiscal Year 2015-16 Annual Report. 6 Tuesday October 18, 2016 Community Service Director Bresiani presented the staff report. Council discussion included identifying restricted funds (donations for a specific purpose only) and non-restricted funds which are delineated in the Comprehensive Annual Financial Report (CAFR), and the process in which to donate funds to the Foundation. Motion by Spence and seconded by Wu to receive and file. Motion carried 5-0 by the following vote: AYES: Johnson, Kaufman, Spence, Warshaw, Wu NOES: None ABSENT: Toma Board Member Kaufman left the dais and Mayor Toma returned to the dais. ORAL COMMUNICATIONS - Five (5) minutes per speaker Lola Finley, West Covina resident, addressed an occurrence at a recent town hall meeting and whether a Brown Act violation occurred and questioned Councilman Spence's judgement and decision making due to a recent personal issues. Jillian Lutes, representing West Covina Hills Seventh-day Adventist Church, announced a program to be sponsored by the church regarding diabetes. William Elliott, West Covina resident, addressed lack of agendas available for City Council meetings, apologized for comments he made earlier in the evening if anyone was offended, access to audio visual equipment to residents and public speakers, and voting blocks and voting districts. Sharon Zhu and Mariel Bancod-Gileno, Health Scholars at Citrus Valley Health Partners, spoke on the Health Scholars program and awareness of breast cancer. Phil Kaufman, West Covina resident, spoke on the quality of care his wife received at Queen of the Valley Hospital and urged residents to vote yes on Measure H to help the hospital update its infrastructure needs with the revenues received from the sale of Sunset Park. George Ogden, West Covina resident, addressed the costs of Athens Disposal service for the VFW on Merced and requested that businesses be able to solicit other trash haulers for commercial pick up. Fredrick Sykes, West Covina resident, spoke in opposition to Measure H and opposed the sale of Sunset Park, and vicarious liability of Councilman Spence's personal actions. Dana Sykes, West Covina resident, addressed Councilman Spence's personal actions. Forrest Wilkins, West Covina resident, addressed Athens franchise fee as a tax and validity of the Athens Services contract, requested a written response from the City Attorney on several questions 7 Tuesday October 18, 2016 regarding Athens Services contract and commended the City Council for voting to have an independent attorney review the pending CVRA lawsuit. City Attorney Barlow verbally responded to Mr. Wilkins questions regarding franchise fee of Athens Services and Mr. Wilkins reiterated his request if for a written response. Councilman Spence responded to issues brought forth about his personal actions. City Manager Freeland addressed several of the speaker's 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 from the Consent Calendar for separate discussion OP action. APPROVAL OF MEETING MINUTES (receive & file) 1) April 19, 2016 Regular City Council/Public Finance Authority Meeting Minutes April 19, 2016 Regular City Council/ Public Finance Authority Meeting Minutes 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 CLAIMS AGAINST THE CITY 2) Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: Danilo Garcia v. The City of West Covina Sonia Sanchez v. The City of West Covina Juan Velazquez-Limon v. The City of West Covina 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 8 Tuesday October 18, 2016 ORDINANCES FOR ADOPTION 3) Amendment of West Covina Municipal Code Regarding Grounds for Removal of Commissioners It is recommended that the City Council waive further reading and adopt the following ordinance:- ORDINANCE NO. 2301 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-67(d) OF CHAPTER 2, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE REGARDING REMOVAL OF COMMISSIONERS Motion by Warshaw and seconded by Wu to approve as presented and adopt Ordinance No. 2301. Councilman Spence stated his dissenting vote for the record. Motion carried 4-1 by the following vote: AYES: Johnson, Warshaw, Wu, Toma NOES: Spence ABSENT: None FINANCE DEPARTMENT 4) Fiscal Year 2015-16 and Fiscal Year 2016-17 Budget Amendments It is recommended that the City Council approve the proposed Fiscal Year 2015-16 Budget Amendments: 1. Appropriate revenues in the amount of $59,172.95 to Public Safety Augmentation Sales and Use Taxes (Acct 4 153.31.4110), appropriate expenditures in the amount of $59,172.95 to Public Safety Augmentation Fund Transfers Out (Acct 4 153.95.9500.9110), appropriate revenues in the amount of $59,172.95 to General Fund Transfers In (Acct 4 110.00.9153) and appropriate expenditures in the amount of $59,172.95 to Police Department Full-Time Salaries (Acct # 110.31.3120.5110) to budget for actual revenues received; and 2. Appropriate revenues in the amount of $15,499.75 to the General Fund miscellaneous reimbursements (Acct 110.32.4647) and expenditures in the amount of $15,499.75 to Fire Overtime (Acct # 110.32.3210.5113) for reimbursements received from the State of California Department of Forestry and Fire Protection for the Fire Department's assistance in the "Border" fire; and It is recommended that the City Council approve the proposed Fiscal Year 2016-17 Budget Amendments: 9 Tuesday October 18, 2016 1. Appropriate revenues in the amount of $6,503.76 to the General Fund miscellaneous reimbursements (Acct # 110.32.4647) and expenditures in the amount of $6,503.76 to Fire Overtime (Acct 110.32.3210.5113) for the reimbursements received from the State of California Department of Forestry and Fire Protection for the Fire Department's assistance in the "Goose" fire; and 2. Appropriate revenues in the amount of $17,976.97 to miscellaneous income (Acct # 110.00.4818) and appropriate expenditures in the amount of $17,976.97 to postage (Acct # 110.13.1330.6213) for Public Notice of the Proposition 218 Hearing Process for the Athens increase; and 3. Appropriate expenditures in the amount of $532,582 to project improvements (Acct # 190.22.2231.6457) for the new Auto Plaza LED reader board sign. 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 POLICE DEPARTMENT 5) State Office of Traffic Safety (OTS) Grant It is recommended that the City Council accept the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) reimbursable grant (#PT17142) for traffic enforcement overtime activities, and appropriate revenues in the amount of $40,000 into account 207.31.4581, and expenditures in the amount of $40,000, as follows: • $36,233 in 207.31.3150.5113 (traffic enforcement overtime); • $1,303 in 207.31.3150.6050 (grant travel and training); • $2,464 in 207.31.3150.6270 (enforcement supplies). 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 1 0 Tuesday October 18, 2016 6) Fiscal Year 2016-17 Supplemental Law Enforcement Services Account (SLESA) Funds It is recommended that the City Council: 1. Appropriate expenditures from the Fiscal Year (FY) 2016-17 Supplemental Law Enforcement Services Account (SLESA) funds, totaling an estimated $166,130, as follows: • $75,000 into 155.31.3110.5112 for continued part-time Sergeant position funding; • $30,000 into 155.31.3110.6120 for Graffiti Tracker service; • $40,000 into 155.31.3110.6220 for police supplies including surveillance items, specialized ammunition, and tactical supplies; • $46,130 into 155.31.3110.7160 for ballistic helmets and vehicle mounted equipment; and 2. Authorize the transfer of any remaining balance of previously appropriated SLESA funds between accounts for personnel, supplies, and equipment in order to expedite expenditures that must be completed by the end of this fiscal year. 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 7) Private Grant (Kaiser Foundation Hospitals) for Police Explorers It is recommended that the City Council accept the new Kaiser Foundation Hospitals grant and appropriate revenues in the amount of $4,000 into account 221.31.4864 and expenditures in the amount of $4,000 into account 221.31.3151.6338. 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 11 Tuesday October 18, 2016 PUBLIC WORKS 8) Increase Performance Truck Repair Purchase Order Amount for Fire Apparatus Repairs for Fiscal Year 2015-2016 It is recommended that the City Council approve increasing the Performance Truck Repair purchase order in the amount of $10,020.53 for Fiscal Year 2015-16. 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 Item #11 was reordered on the agenda and considered prior to Consent Calendar Item #9. CITY MANAGER'S OFFICE 11) Nomination to San Gabriel Basin Water Quality Authority Board Member Representing Cities Without Prescriptive Pumping Rights It is recommended that the City Council adopt the following resolution to nominate a West Covina City Councilmember from West Covina or another city without prescriptive pumping rights to serve on the San Gabriel Basin Water Quality Authority Board: RESOLUTION NO. 2016-81 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA NOMINATING COUNCILMEMBER OF THE CITY OF TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY This item was removed from the Consent Calendar for separate consideration. Rosemead Councilmember Margaret Clark and La Puente Mayor Valerie Munoz both addressed the City Council seeking the City Council's support for nomination to the San Gabriel Water Quality Authority Board representing Cities without Prescriptive Pumping rights and answered question from the City Council. Councilman Wu nominated La Puente Mayor Valerie Munoz to serve on the San Gabriel Basin Water Quality Authority Board. Nomination was seconded by Mayor Toma. Motion by Wu and seconded by Toma to adopt Resolution No. 2016-81 nominating Councilmember Valerie Munoz of the City of La Puente to represent cities without prescriptive water pumping rights on the Board of the San Gabriel Basin Water Quality Authority. Motion carried 3-2 by the following vote: 12 Tuesday October 18, 2016 AYES: Warshaw, Wu, Toma NOES: Johnson, Spence ABSENT: None 9) Change Order to West Coast Arborists, Inc. Contract It is recommended that the City Council approve a change order to West Coast Arborists, Inc. in the amount of $140,000 for additional tree maintenance . services as approved in the Fiscal Year 2016-2017 Capital Improvement Program budget. This item was pulled from the Consent Calendar by Councilman Wu for separate consideration and expressed his concern regarding the amount of change order funds for the duration of the contract. City Manager Freeland explained the change order is for an additional tree trimming for Fiscal Year 2016-1017. Motion by Wu 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 END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 10) California Voting Rights Act It is recommended that the City Council receive a presentation on the pending lawsuit under the California Voting Rights Act, consider input from the public, consider options, and if appropriate, direct staff accordingly. This item was reordered on the agenda and considered prior to Oral Communications. CITY MANAGER'S OFFICE II) Nomination to San Gabriel Basin Water Quality Authority Board Member Representing Cities Without Prescriptive Pumping Rights It is recommended that the City Council adopt the following resolution to nominate a West Covina City Councilmember from West Covina or another city without prescriptive pumping rights to serve on the San Gabriel Basin Water Quality Authority Board: 13 Tuesday October 18, 2016 RESOLUTION NO. 2016-81 — A RESOLUTION OF THE -CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA NOMINATING COUNCILMEMBER OF THE CITY OF TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY This item was reordered on the agenda and considered prior to Consent Calendar Item #9. COMMUNITY SERVICES DEPARTMENT 12) West Covina Community Services Foundation Fiscal Year 2015-16 Annual Report It is recommended that the West Covina Community Services Foundation Board of Directors receive and file the West Covina Community Services Foundation's Fiscal Year 2015-16 Armual Report. This item was reordered on the agenda and considered prior to Oral Communications. 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.) Councilmen Johnson, Wu, Spence, and Torna reported on their attendance at the League of California Cities conference held in Long Beach. 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 13) Request from Mayor James Toma Requesting the City Council's Consensus to Direct the City Attorney to Draft a Report Outlining City Councilmember's Role in Upholding the Brown Act at City Council Meetings It is recommended that the City Council direct staff accordingly. Mayor Torna provided a brief overview of his request, specifically Council discussion of items not listed on the meeting agenda and whether it violates the Brown Act. Motion by Toma and seconded by Wu to have the City Attorney prepare a report outlining City Councilmember's role in upholding the Brown Act at meetings. Motion carried 4-1 by the following vote: AYES: Johnson, Warshaw, Wu, Toma NOES: Spence 14 Rosalia A. Blitief,VMC:, ..1--\\.•- Assistant Cit.), Clerk I. Tuesday October 18, 2016 ABSENT: None COUNCILMAN MIKE SPENCE 14) Request from Councilman Mike Spence Requesting the City Council's Consensus to take Formal Position of Opposition Regarding Proposition 57 (Criminal Sentences. Parole. Juvenile Criminal Proceedings and Sentencing.) It is recommended that the City Council discuss and provide direction. Councilman Spence provided a brief overview of his request to oppose Proposition 57 on the November 2016 Statewide ballot. Motion by Spence and seconded by Wu to have the City Council take a form position of opposition to Proposition 57. Motion carried 4-1 by the following vote: AYES: Johnson, Spence, Warshaw, Wu NOES: Toma ABSENT: None CITY COUNCIL COMMENTS Mayor Pro Tern Warshaw announced the Hurst Ranch Harvest Festival on October 22, 2016 from 10:00 a.m. to 2:00 p.m., thanked staff for the increase of Passport service hours, and announced that flu shots will be given at the Senior Center on November 3, 2016 starting at 9:30 a.m. Councilman Spence expressed his opposition to the closure of City Hall for two hours on October 31, 2016 for an employee event. Mayor Toma announced Friends of West Covina K9's fundraising event on October 22, 2016 at the South Hills Plaza. ADJOURNMENT Mayor Toma adjourned the meeting at 12:35 a.m. N‘ ‘t1 Submitted by: / Corey arshaw Mayor 15