11-15-2016 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY NOVEMBER 15, 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 to order the regular closed session meeting of the West Covina City Council at
6:05 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West
Covina, California.
ROLL CALL
Present: Mayor James Toma, Mayor Pro Tem Corey Warshaw
Councilmen Lloyd Johnson, Mike Spence, Tony Wu
Tony Wu
Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City
Manager Laura Minnich, Police Chief Dave Faulkner, Assistant Police Chief Doug
Murray, Economic Development & Housing Manager Paulina Morales
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
Representative from Singpoli, Kin Hui and William Chu addressed the City Council.
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Rosalia Aler;-MIVIC!. • _
Assistant 'Cify'ClerIc:
Tuesday November 15, 2016
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code S 54956.8
Property: 2400 S. Azusa Ave West Covina, CA 91792
Agency Negotiator: Freeland, Hall Barlow, Faulkner
Negotiating Parties: LA RICS
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code .S 54956.8
Property: 2579 East Amar Road, West Covina, CA
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
Property: So. Cal Edison Light Pole located at the Corner of South Shadow Oak
Drive and East Amar Rd, West Covina, CA
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code S 54956.8
Property: APN: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018
Agency Negotiator: Freeland, Hall Barlow, Morales
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
ADJOURNMENT
Chairman Toma adjourned the meeting at 6:54 p.m.
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CITY OF WEST COVINA
CITY COUNCIL
TUESDAY NOVEMBER 15, 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 7:08 p.m.
INVOCATION — Led by Rev. Dr. Mason K. Okubo, Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE — Led by Mayor James Torna
ROLL CALL
• Present: Mayor James Toma, 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
Whithom, and Assistant City Clerk Rosalia A. Butler.
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 2400 S. Azusa Ave West Covina, CA 91792
Tuesday November 15, 2016
Agency Negotiator: Freeland, Hall Barlow, Faulkner
Negotiating Parties: LA RICS •
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 2579 East Amar Road, West Covina, CA
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
Property: So. Cal Edison Light Pole located at the Corner of South Shadow Oak
Drive and East Amax Rd, West Covina, CA
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: APN: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018
Agency Negotiator: Freeland, Hall Barlow, Morales
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
City Attorney Barlow reported there was no reportable action taken but staff was given direction.
CHANGES TO THE AGENDA
City Manager Freeland stated that there is a typographical error in Item #6 within the chart in the
staff report regarding the impact of Couneilmember Johnson's and Wu's terms if election date is
changed to 6/2018. The reduction terms, for new election date of 6/2018 is incorrectly stated as 7
months and should be corrected to 17 months. This error will be further clarified during discussion
of the item.
PRESENTATIONS
Mayor Toma along with Police Chief Faulkner recognized Police Officer Steven Spagon and
Community Service Officer Sophia Herrera as West Covina Police Department Employees of the
Quarter recipients.
Mayor Toma along with Economic Development and Housing Manger Paulina Morales recognized
and presented Certificates of Recognition to the following as West Covina's favorite small
businesses:
One Veg World, represented by Trevor Mac
Mr. Polio, owner Julio Tawata
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Tuesday November 15, 2016
El Pescador, managers Alex Ortiz and Vicente Serrano
Vincenzo's Terraza Ristorante, Kathleen Carrano
Boulevard Cleaners, owner Anim Jovicevic
Mayor Toma presented Economic Development and Housing Manager Paulina Morales a
Proclamation proclaiming November 26, 2016 as Small Business Saturday.
Adjournment Motions
Mayor Toma announced adjournment motions in memory of Terry Kaufman, wife of resident and
West Covina Community and Senior Services Commissioner Phil Kaufman and Lawrence Dean
Haskel who passed away as results of injuries sustained during a traffic accident at the intersection
of Azusa Avenue and Fairgrove Avenue. The West Covina Police Department is asking for any
witnesses to the accident to please contact the police department.
Lastly, the City Council would like to wish longtime resident and longtime member of the West
Covina Improvement Association Carolyn Arndt a happy birthday.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Rachel Barbosa, representing Los Angeles County Supervisor Hilda Solis, commended Mayor
Toma for his service to the community and presented Mayor Toma with a Certificate recognizing
his contributions to the community as Mayor this past year.
Trudy Saltmarsh, West Covina resident, expressed her concern of Councilman Spence's rotation to
the position of Mayor Pro Tern.
Lola Finely, West Covina resident, spoke in support of resident who addressed issues in his
neighborhood at a previous meeting, spoke in opposition to voting districts, addressed the changes
of election dates and change of elected officials terms, commented on the previous meeting
regarding Athens Services increases, and spoke against Councilman Spence being rotated to the
position of Mayor Pro Tern.
Colleen Rozatti, City Treasurer and President of West Covina Beautiful, announced West Covina
Beautiful upcoming fashion show on Saturday November 19, 2016 at South Hills Country Club;
the Home for the Holiday's tour on December 16; the City's 94 th Birthday celebration on February
15, 2017 at South Hills Country Club; and thanked Mayor Toma for his role as Mayor the past year.
Angie Gillingham, West Covina resident, spoke on the reorganization of the City Council and felt
Councilman Spence should not rotate to Mayor Pro Tern due to his pending legal issues,
commented on the lack of confidentiality of correspondence received by the Council and thanked
Mayor Toma for his past year of service as the Mayor.
Vanessa Martinez, West Covina resident, addressed traffic and safety issues on Fairgrove Avenue
off Azusa Avenue, coyote issues in the area, thanked the police department for the apprehension of
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Tuesday November 15, 2016
a burglary suspect, addressed graffiti issues at Lark Ellen and Fairgrove Avenue, and opposed
marijuana businesses and concealed carry weapon permits.
Steve Gresham, MKL Industries, spoke on the marijuana Proposition that recently passed and
generated revenue from the marijuana businesses.
Forrest Wilkins, West Covina resident, spoke on recent business items in the news, use of cameras
for surveillance, and announced neighborhood watch meeting to be held OD December 10, 2016 at
Monte Vista School,
Fredrick Sykes, West Covina resident, addressed the issue of voting districts and the California
Voting Rights Act (CVRA) litigation, and the proposed change of date of the City's municipal
elections.
Lisa Mayo, West Covina resident, thanked the Council for the work they do and for attendance at
a recent event she held,
Dana Sykes, West Covina resident, spoke on council districts and the development of districts,
graffiti issues on Lark Ellen, change of election dates, requested Councilman Spence pull himself
out of the mayoral rotation, proposed projecting the agendas on the visual screen, and thanked
Mayor Toma for his service as Mayor.
Steve Bennett, West Covina resident, spoke in support of Councilman Spence rotating to be Mayor
Pro Tern, opposed to the City accepting the CVRA litigation and changing the election process,
and stated he would pursue a referendum if the Council votes to adopt an ordinance to establish by-
district elections.
Alfred Williams, West Covina resident, addressed establishing voting districts and the change of
election dates.
William Elliott, West Covina resident, spoke in support of concealed carry weapon permits, spoke
in support of Councilman Spence, and opposed voting districts.
Bruce Leinbach, West Covina resident, spoke on city involvement, supported using revenue from
the sale of Sunset Field for additional parkland but concerned with the ability to find land for park
use, and commended Mayor Toma in his role as Mayor.
Nickolas Lewis, West Covina resident, addressed the CVRA litigation and settling.
Armando Sanchez, West Covina resident, spoke on low voter turnout and change of City election
dates to coincide with State elections.
Johnny Chua, President of the Filipino American Chamber of Commerce of San Gabriel Valley,
thanked Mayor Toma for his service as Mayor and invited the Council to the Lights on Miracle Hill
at City Blessing Church during December.
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Tuesday November 15, 2016
City Manager Freeland responded to several comments by the speakers.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted an 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.
APPROVAL OF MEETING MINUTES (receive & file)
1) June 7, 2016 Regular City Council Meeting Minutes
June 9, 2016 Second Community Budget Workshop 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:
• Joan Gomora vs. The City of West Covina
• Joshua Rodriguez vs. 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
ORDINANCES FOR ADOPTION
3) Amendment of West Covina Municipal Code Relating to California Building Codes
and California Fire Code
It is recommended that the City Council waive further reading and adopt the following
ordinance:
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Tuesday November 15, 2016
ORDINANCE NO. 2302 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, IV, VI
AND VII; CHAPTER 9, ARTICLE I; AND CHAPTER 10, ARTICLE II OF THE
MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 2016 EDITION OF THE
CALIFORNIA BUILDING CODE, THE 2016 CALIFORNIA RESIDENTIAL CODE,
2016 CALIFORNIA MECHANICAL CODE, 2016 CALIFORNIA PLUMBING CODE,
2016 CALIFORNIA ELECTRICAL CODE, 2016 GREEN BUILDING STANDARDS
CODE, 2016 CALIFORNIA ENERGY CODE, AND THE 2016 CALIFORNIA FIRE
CODE.
Motion by Warshaw and seconded by Wu to approve as presented and adopt Ordinance 2302.
Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Warshaw, Wu, Toma
NOES: None
ABSENT: None
CITY MANAGER'S OFFICE
4) Cancellation of January 3, 2017 Council Meeting
It is recommended that the City Council cancel the City Council Meeting of January 3,
2017, due to the upcoming holidays.
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
PUBLIC WORKS
5) Extension of Mariposa Landscapes, Inc.'s Contract for Landscape Maintenance
Services at City Parks and Civic Center
It is recommended that the City Council:
1. Approve a month-to-month extension of the current landscape maintenance contract
for City Parks and Civic Center with Mariposa Landscape, Inc. effective July 1,2016,
at the current contract monthly rate of $28,948.01 not to exceed six months; and
2. Authorize the City Manager to execute a contract extension with Mariposa Landscape,
Inc. for these services.
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Tuesday November 15, 2016
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
END OF CONSENT CALENDAR
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
6) An Ordinance Moving the Date of West Covina's Municipal Elections to Coincide with
the Statewide Primary or Statewide General Election
It is recommended that the City Council take the following actions:
1. Repeal Ordinance No. 2212, which established City official elections in November of
odd-numbered years; and
2. Consider the attached draft ordinances, and introduce, and give first reading to the
selected ordinance.
City Attorney Barlow presented the staff report and clarified an error in the chart within the staff
report which outlines the effect of Councilmember terms with the change of an election date. The
chart incorrectly exhibits that Councilmember Johnson and Wu's terms could be reduced by 7
months if the election date for their terms was switched to 6/2018 when the correct number of
months is 17. The Election Code does not allow for a term to be reduced or extended for more than
12 months with a change of an election date.
Council questions and discussion included specifics of SB 415 requiring a plan to be in place by
January 1, 2018 for implementation by 2020 and the prospect of raising voter turnout in order to
not comply with SB 415 and to retain the current election dates, drafting City ordinance prior to
SB 415 being signed into law, pros and cons of changing to a June date vs. a November date, goal
of higher turnout and participation in elections, and time period to implement districts (if next item
is approved) if the election date is changed.
Councilman Wu motioned if City remains at-large voting to retain current voting cycle and if City
proceeds with district voting to change election date to November 2018 (November of even
numbered years). Motion did not receive a second.
Councilman Spence expressed his opposition to changing the election at this time date due to SB
415 mandated to be implemented until 2022 if all criteria is met.
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Tuesday November 15, 2016
Motion by Warshaw and seconded by Johnson to move the date of West Covina's Municipal
Elections to coincide with the Statewide General Election of even years by waiving further reading,
introducing and giving first reading of Ordinance No. 2303 entitled "AN ORDINANCE OF THE
CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING ORDINANCE
NO. 2212 AND MOVING THE CITY'S GENERAL MUNICIPAL ELECTIONS FROM
NOVEMBER OF ODD-NUMBERED YEARS TO THE FIRST TUESDAY AFTER THE FIRST
MONDAY TN NOVEMBER OF EACH EVEN-NUMBERD YEAR BEGINNING IN
NOVEMBER OF 2018." Motion carried 3-2 by the following vote:
AYES: Johnson, Warshaw, Toma
NOES: Spence, Wu
ABSENT: None
7) California Voting Rights Act - Proposed Ordinance of the City of West Covina,
California, to Establish By-District Election of Council Members, and Possibly a
Directly Elected Mayor
It is recommended that the City Council consider the attached draft ordinances, and if
appropriate, introduce and give first reading to the selected ordinance.
City Attorney Barlow presented the staff report and commented that current law does allow the
City Council to voluntarily go to district based elections by ordinance rather than a ballot measure
process. However, if the Council initiated Ordinance was successfully challenged by referendum
and the referendum was successful, the lawsuit could continue or a new lawsuit could be filed.
Council engaged in lengthy discussion which included whether the voting system could return to
at-large voting in the future if the council were to initiate by-district voting rather than court ordered
by-district voting, whether a future lawsuit under the CVRA would be limited to a cap in fees/costs,
litigation costs whether city is successful or not, various pros and cons of district elections, whether
moving election date to even number years change the presumption of racially polarized voting,
and budgetary effects whether the City opposes the litigation or not.
Motion by Spence and seconded by Wu to hold a special election for a vote by the people to
determine whether to establish by-district voting. Motion failed 2-3 by the following vote:
AYES: Spence, Wu.
NOES: Johnson, Warshaw, Toma
ABSENT: None
Motion by Warshaw and seconded by Toma to establish by-district elections of four council
members and a directly elected mayor for a four year term, waive further reading and introduce
Ordinance No. 2304 entitled "AN ORDINANCE OF THE CITY OF WEST COVINA,
CALIFORNIA, TO ESTABLISH BY-DISTRICT ELECTIONS OF FOUR COUNCIL
MEMBERS, A DIRECTLY ELECTION MAYOR, AND REPEALING AND REPLACING
SECTION 2-21 OF ARTICLE II, DIVISION 1, OF THE MUNICIPAL CODE AND
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Tuesday November 15, 2016
RENUMBERING SECTION 2-20 OF ARTICLE II, DIVISION 1 OF THE MUNICIPAL CODE."
Motion failed 2-3 by the following vote:
AYES: Warshaw, Toma
NOES: Johnson, Spence, Wu
ABSENT: None
Motion by Johnson and seconded by Warshaw to establish by-district elections of four council
member and a directly elected mayor for a two year term and waive further reading and introduce
Ordinance No. 2304 entitled "AN ORDINANCE OF THE CITY OF WEST COVINA,
CALIFORNIA, TO ESTABLISH BY-DISTRICT ELECTIONS OF FOUR COUNCIL
MEMBERS, A DIRECTLY ELECTION MAYOR, AND REPEALING AND REPLACING
SECTION 2-21 OF ARTICLE II, DIVISION 1, OF THE MUNICIPAL CODE AND
RENUMBERING SECTION 2-20 OF ARTICLE II, DIVISION 1 OF THE MUNICIPAL CODE."
Motion carried 3-2 by the following vote:
AYES: Johnson, Warshaw, Toma
NOES: Spence, Wu
ABSENT: None
MAYOR/COUNCILMEMBERS REPORTS
MAYOR PRO TEM COREY WARSHAW
8) Request From Mayor Pro Tent Corey Warshaw Requesting the City Council's
Consensus to Direct Staff to Prepare a Report Regarding the Current Process for City
Councilmembers to Submit Agenda Items for City Council Meetings as well as
Potential Alternatives
It is recommended that the City Council direct staff accordingly.
Mayor Pro Tern Warshaw presented a brief overview of his request to increase the distribution
timeframe of the agendas and agenda packet material prior to a council meeting.
Motion by Warshaw and seconded by Spence to prepare a report regarding the current process for
City Councilmembers to submit agenda items for City Council meetings and alternatives. Motion
carried 4-1 by the following vote:
AYES: Johnson, Spence, Warshaw, Toma
NOES: Wu
ABSENT: None
AB1234 Conference and Meeting Report (verbal, if any)
In accordance with AB 1234, Counciltnembers shall make a brief report or file a written report on any
meeting/event/conference attended at City expense.)
None.
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Tuesday November 15, 2016
RECESS — Mayor Toma called for a recess at 9:55 p.m. The City Council reconvened at 10:07
p.m. with all members present.
CITY COUNCIL REORGANIZATION
Confirmation of Mayor and Mayor Pro Tern
Mayor Pro Tern Toma announced that the City has an ordinance in place which has established an
annual mayor selection process by rotation. By upholding the process, the succession order for the
mayoral rotation would place Corey Warshaw as Mayor and Mike Spence as Mayor Pro Tern.
Mayor Pro Tern Toma stated a motion is in order to uphold the mayoral succession order appointing
Corey Warshaw as Mayor and Mike Spence as Mayor Pro Tern or a motion to modify the mayoral
success order with any modification requiring 4 affirmatives voter per West Covina Municipal Code
Section 2-21 (f).
Motion by Toma to modify the mayoral succession order to have Mayor Pro Tern Warshaw become
Mayor and Councilmember Johnson rotate to Mayor Pro Tem.
Mayor Pro Tern Tomas stated his reasons for modification were due to Councilman Spence's
pending court case and that he be moved down within the succession order to follow
Councilmember Johnson until his case is settled. Council discussion ensued.
Councilman Johnson seconds the motion to modify the succession order to have mayor Pro Tern
Warshaw become Mayor and Councilmember Johnson to rotate to Mayor Pro Tern. Motion failed
2-2 by the following vote:
AYES: Johnson, Toma
NOES: Warshaw, Wu
ABSENT: None
ABSTAIN: Spence
With no further discussion the succession rotation will be upheld per the West Covina Municipal
Code and Mayor Pro Tern Warshaw will become Mayor and Councilmember Mike Spence will
become Mayor Pro Tern.
Councilman Spence left the meeting at 10:31 p.m.
Assistant City Clerk administered the Oath of Office of Mayor to Councilrnember Corey Warshaw.
• Mayor Plaque Presentation to Mayor James Toma
Incoming Mayor Warshaw presented outgoing Mayor Toma with the Mayoral Plaque.
Mayor Toma thanked his family for their support and reflected on his experiences through the past
year.
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Rosalia
Assistant City Clerk
Tuesday November 15, 2016
Mayor Warshaw made comments of the vision of future year.
Designation of Alternate to the Los Angeles County Sanitation District
Mayor Warshaw stated that as Mayor, he automatically becomes a member of the Board of
Directors of the Los Angeles County Sanitation District and the District requires a member of the
City Council appointed by the City Council to act in the absence of the director and that nominations
or a motion is in order for an Alternate Director to the Los Angeles County Sanitation District.
Motion by Toma and seconded by Wu to appoint Councilmember Spence as alternate Director to
the Sanitation Board. Motion carried 4-0 by the following vote:
AYES: Johnson, Tom, Wu, Warshaw
NOES: - None
ABSENT: Spence
CITY COUNCIL COMMENTS
None.
ADJOURNMENT
Mayor Warshaw adjourned the meeting at 10:50 p.m.
., - Submitted by: /
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