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 ' • -
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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
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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.
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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.
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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.
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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.
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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
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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
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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:
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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
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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
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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:
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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:
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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
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