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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. k . _ 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. 2 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 2 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 3 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. 4 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: 5 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. 6 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. 7 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 8 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. 9 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. 10 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: / II