05-02-2017 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY MAY 02, 2017, 6:00 PM
REGULAR MEETING - CLOSED SESSION
a. CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
Mayor Warshaw called to order the regular closed session meeting of the West Covina City Council
at 6:00 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West
Covina, California.
ROLL CALL
Present: Mayor Corey Warshaw, Mayor Pro Tern Mike Spence
Councilmen Lloyd Johnson, James Toma, Tony Wu
Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City
Manager Laura Minnich, Human, Resources Director Tom Bokosky, A. Mendoza
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code 8 54956.9(d)(1)
Sanchez v. West Covina, Los Angeles Superior Court Case No. BC634674
VH-- - Rosalia A.`Butret:,1\ MC
Assistant City Clerk
Tuesday May 02, 2017
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code 54956.9(d)(2)
Number of Cases: One (I)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Freeland, Bokosky, Hall 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, 1.A.F.F., Local 3226
Unrepresented Employee Group
- Department Heads
ADJOURNMENT
Mayor Warshaw adjourned the meeting at 6:35 p.m.
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Submitted 13,:
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CITY OF WEST COVINA
CITY COUNCIL/SUCCESOR AGENCY
TUESDAY MAY 02, 2017, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
CALL TO ORDER — Mayor Corey Warshaw called the meeting to order at 7:06 p.m.
INVOCATION — Led by Pastor Grace Wabuke, Faith Community Church
PLEDGE OF ALLEGIANCE — Led by Councilman James Toma
ROLL CALL
Present: Mayor Corey Warshaw, Mayor Pro Tern Mike Spence
Councilmen Lloyd Johnson, James Toma, 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,
Planning Director Jeff Anderson, Police Chief Dave Faulkner, Assistant Fire Chief
Mike Fountain, Police Captain Richard Bell, and Assistant City Clerk Rosalia A.
Butler.
Tuesday May 02 2017
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code 54956.90(1)
Sanchez v. West Covina, Los Angeles Superior Court Case No. BC634674
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(2)
Number of Cases: One (1)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Freeland, Bokosky, Hall 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 regarding the Sanchez vs. CWC existing litigation issue, there
was a motion by Warshaw and second by Toma to resolve outstanding attorney fees with an
amendment to the settlement agreement which passed 3-2 with Wu and Spence dissenting.
CHANGES TO THE AGENDA
City Attorney Freeland stated there is an addendum to Item # 11 regarding the Memorandum of
Understanding with the West Covina Police Management Association and the appropriation of
funds.
PRESENTATIONS
• Recognition of West Covina Girls Varsity Soccer Team as League Champions
• Presentation by Phil Hawkey, Executive Director from San Gabriel Valley Council of
Governments
• Proclamation proclaiming May 13, 2017 as Fire Service Day presented to Assistant Fire Chief
Mike Fountain
• Proclamation proclaiming the week of May 14— 20, 2017 as National Police Week presented
to Police chief Dave Faulkner
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Tuesday May 02 2017
• Proclamation proclaiming the week of May 21 — 27, 2017 as National Public Works Week
presented to Public Works Director Chino Consunji
Adjournment Motions
Mayor Warshaw requested to adjourn tonight's meeting in memory of Bruce Akira-Yoshino
Brown, brother of Parks Maintenance Supervisor, Kay Yoshino.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Yolanda Saldana, West Covina resident, requested the City Council reconsider the closing of Fire
Station 441.
City Manager Freeland clarified that there is no discussion to close any of the City's five fire
stations and the item on the agenda is in regards to an impasse between the City and the Firefighters'
regarding staffing models and not any fire station closure.
Wen Wen Zhang, West Covina Library Manager, addressed overdue library books and fines and
announced upcoming library events.
Debbie and Martin Valadez, West Covina residents, addressed proposed cuts to fire personnel
staffing.
Judy Turner, West Covina resident and West Covina dispatcher, addressed proposed cuts to fire
personnel staffing.
Jasmine Estrada, Wet Covina resident, addressed proposed cuts to fire personnel staffing.
Peter Howell, West Covina resident, addressed proposed cuts to fire personnel staffing.
Jeremy Castaneda, West Covina resident and Fire Explorer, spoke in opposition to cuts to fire
personnel staffing.
Carley Valadez, West Covina resident, spoke in opposition to fire personnel cuts.
Robert, McClelland, former West Covina Fire Chief, addressed public safety within the community
and need for a full staffed fire department.
Matt Jackson, president of the West Covina Fire Association, addressed the proposed reduction of
fire personnel.
Daniel Solano, La Puente resident and Fire Explorer, spoke in opposition to proposed fire
department staffing changes.
Nikolas Granados, Covina resident and Fire Explorer, spoke in opposition to proposed fire
department staffing changes.
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Tuesday May 02 2017
Sandra Delahoussaye, West Covina resident, addressed issues with unpermitted second dwellings
within the city and spoke in opposition to grandfathering in second dwelling with the proposed
adoption of Ordinance 2316.
Joseph Virgen, West Covina resident and Fire Explorer, spoke in opposition to proposed changes
in fire department staffing.
Carolyn Arndt, West Covina resident, invited the community to an event on Friday, May 19, 2017
at 6:30 p.m. showcasing the East San Gabriel Valley Japanese Community Center.
Jorge Arreola, West Covina resident, spoke on the proposed changes to the fire department staffing.
Fredrick Sykes, West Covina resident, addressed the proposed changes to the fire department
staffing and the need for community involvement.
Jefferson DeRoux, West Covina resident, spoke on Council approved fee increases, cost of
consultant for the Police Chief recruitment, and the elimination of programs as a cost saving
measure.
RECESS — Mayor Warshaw recessed the City Council meeting at 8:46 p.m. and reconvened the
City Council meeting at 8:56 p.m. with all members present.
City Manager Freeland and City Attorney Barlow responded to comments from the speakers.
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 or
action.
APPROVAL OF MEETING MINUTES (receive & file)
1) • December 20, 2016 Regular Closed Session Meeting Minutes
• December 20, 2016 Regular City Council/Successor Agency/Public Financing
Authority Meeting Minutes
• January 9, 2017 Special Closed Session Meeting Minutes
• January 17, 2017 Regular Closed Session Meeting Minutes
• January 17, 2017 Regular City Council/Successor Agency/Community
Development Commission Meeting Minutes
• January 23, 2017 Special Community Town Hall Meeting Minutes
• February 7, 2017 Regular Closed Session Meeting Minutes
• February 7, 2017 Regular City Council/Successor Agency Meeting Minutes
Motion by Toma and seconded by Wu to receive and file as presented. Motion carried 5-0 by the
following vote:
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Tuesday May 02 2017
AYES: Johnson, Spence, Toma, Wu, Warshaw
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:
Alana Garcia vs. The City of West Covina
Anthony Valdez vs. The City of West Covina
Motion by Torna and seconded by Wu to approve as recommended. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
ORDINANCES FOR ADOPTION
3) Amendment to Ordinance No. 2294 - Penalties for Improper Use of Fireworks
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 2315 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 15-68
(ADMINISTRATIVE FINES), 15-69 (RIGHT TO AN ADMINISTRATIVE HEARING),
15-70 (ADMINISTRATIVE HEARING-PROCEDURES), AND 15-71 (HEARING
DECISION-RIGHT TO APPEAL)
Councilmember Johnson and Mayor Pro Tern Spence stated their dissenting vote on this item.
Motion by Toma and seconded by Wu to approve as recommended. Motion carried 3-2 by the
following_ vote:
AYES: Toma, Wu, Warshaw
NOES: Johnson, Spence
ABSENT: None
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Tuesday May 02 2017
4) Code Amendment No. 17-01
Accessory Dwelling Units (Second Dwelling Units)
General Exemption
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 2316 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 17-01,
RELATED TO ACCESSORY DWELLING UNITS (FORMERLY SECOND
DWELLING UNITS)
Motion by Toma and seconded by Wu to approve as recommended. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
INVESTMENT REPORT (receive & file)
5) City Investment Report for the Month Ended March 31, 2017
It is recommended that the City Council receive and file the Investment Report for the
month ended March 31, 2017.
This item was removed from the Consent Calendar by Councilman Johnson to allow City Treasurer
Rozatti to present the Investment Report.
Motion by Johnson and seconded by Toma to approve as recommended. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Toma, Wu., Warshaw
NOES: None
ABSENT: None
6) Successor Agency Investment Report for the Month Ended March 31, 2017
It is recommended that the Chair and Board Members of the Successor Agency to the former
West Covina Redevelopment Agency, receive and file the Investment Report for the month
ended March 31, 2017.
Motion by Toma and seconded by Wu to approve as recommended. Motion carried 5-0 by the
following vote:
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Tuesday May 02 2017
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
CITY ATTORNEY'S OFFICE
7) Award of Contract for Election District Consulting Services
It is recommended that the City Council take the following actions:
I. Authorize the City Manager to execute a one-year agreement, subject to City Attorney
approval, with National Demographics Corporation (NDC) to provide election district
consulting services in an amount not to exceed $33,000; and
2. Direct staff to prepare a community participation plan and schedule public hearings as
required by law to initiate district boundaries mapping process; and
3. Adopt the following resolution:
RESOLUTION NO. 2017-38 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30,
2017 (Election District Consultant)
This item was removed from the Consent Calendar by Councilman Wu for clarification and
inquired as to whether the proposed consultant was in attendance to answer questions.
City Attorney Barlow responded and stated the proposed consultant is well qualified and will be
present for the public hearing on the matter and presented a brief overview of the demographic
process.
Motion by Johnson and seconded by Toma to approve as recommended. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Toma, Warshaw
NOES: Wu
ABSENT: None
CITY MANAGER'S OFFICE
8) Opposing Safe Injection Site Locations in West Covina
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2017-37 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, OPPOSING SAFE INJECTION SITE
LOCATIONS IN WEST covrNA
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Tuesday May 02 2017
Motion by Toma and seconded by Wu to approve as recommended. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
9) Cancellation of July 4th and August 1, 2017 City Council Meetings
It is recommended that the City Council cancel the July 4th and August 1, 2017 City Council
meetings.
Motion by Toma and seconded by Wu to approve as recommended. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
10) Second Amendment to Telecommunication Network License and Encroachment
Agreement for Crown Castle
It is recommended that the City Council authorize the City Manager to execute the Second
Amendment to the Telecommunication Network License and Encroachment Agreement
with Crown Castle.
Motion by Toma and seconded by Wu to approve as recommended. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
HUMAN RESOURCES
11) Amendment to the Memorandum of Understanding with the West Covina Police
Management Association and the Appropriation of Funds
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2017-33 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE WEST
COVFNA POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1,
2015 THROUGH JUNE 30, 2019
Tuesday May 02 2017
RESOLUTION NO. 2017-34 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2016 AND ENDING JUNE 30, 2017
(Police Management Association)
Motion by Toma and seconded by Wu to approve as recommended. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Tom., Wu, Warshaw
NOES: None
ABSENT: None
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
12) Code Amendment No.'s 16-04 and 16-05
Marijuana Regulations (Cultivation and Dispensaries)
General Exemption
It is recommended that the City Council introduce, give first reading to, and waive further
reading of the following ordinance:
ORDINANCE NO. 2317 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE CITY OF WEST COVINA
MUNICIPAL CODE RELATED TO MARIJUANA DISPENSARIES, CULTIVATION
AND PERSONAL GROWTH
Mayor Warshaw introduced the Public Hearing matter, Assistant City Clerk Butler verified proper
legal notice was given and Mayor Warshaw opened the Public Hearing. Planning Director
Anderson presented the staff report.
Mayor Warshaw opened the Public Testimony period.
Steven Gresham, spoke in support of allowing medical marijuana collectives for generating
revenue.
Jerri Potras, West Covina resident, spoke in support of the ordinance as proposed.
Jim Grivich, West Covina resident, spoke on a neighborhood survey he conducted regarding
commercial marijuana use and opposed commercial marijuana activity.
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Tuesday May 02 2017
Jefferson DeRoux, spoke in opposition to commercial marijuana activity.
Abdul Ahmed, spoke in support of commercial medical marijuana.
Donnie Anderson, West Covina resident, spoke in support of commercial medical marijuana
activity.
With no one else wishing to speak, Mayor Warshaw closed the Public Testimony period.
Councilman Johnson stated the benefit of medical marijuana as they related certain illnesses and
treatments.
Motion by Johnson to refer the code amendment back to the Planning Commission for further study
and consideration of specific types of businesses.
Council discussion included prior direction provided to the Planning Commission in developing
the proposed ordinance, recreational use vs. medical use of marijuana, Planning Commission
reviewing inside commercial medical cultivation, revenue to fund public safety, and watching other
cities develop commercial regulations before allowing in West Covina.
Substitute motion by Warshaw and seconded by Johnson to return the code amendment to the
Planning Department for review of including inside commercial medical cultivation.
Mayor Pro Tern Spence requested to amend the motion to include guidelines for laboratories within
the ordinance. There was no opposition to the inclusion of the amendment.
Motion on the substitute motion with amendment carried 3-2 by the following vote:
AYES: Johnson, Spence, Warshaw
NOES: Toma, Wu
ABSENT: None
Mayor Pro Tern Spence inquired whether there was any interest amongst the Council to develop
regulations for retail marijuana. With no interest, there was no further discussion.
DEPARTMENTAL REGULAR MATTERS
HUMAN RESOURCES DEPARTMENT
13) Declaration of Impasse - Firefighters' Association
It is recommended that the City Council declare impasse with the West Covina Firefighters'
Association regarding the negotiations of the impacts of the City's proposed fire staffing
changes.
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Tuesday May 02 2017
City Manager Freeland presented a brief staff report and City Attorney Barlow discussed the
declaration of impasse process.
Council discussion included not seeking another SAFER grant, completing the budget process prior
to declaring an impasse, and costs of funding public safety,
Motion by Warshaw and seconded by Toma to declare impasse with the West Covina Firefighters'
Association regarding the negotiations of the impacts of the City's proposed fire staffing. Motion
carried 3-2 by the following vote:
AYES: Johnson, Toma, Warshaw
NOES: Spence, Wu
ABSENT: None
MAYOR/COUNCILMEMBERS REPORTS
MAYOR PRO TEM MIKE SPENCE
14) Request from Mayor Pro Tern Spence for City Council to Discuss Various Crime
Legislation Bills and their Impacts on the City of West Covina
It is recommended that the City Council take the following actions:
1. Discuss the impacts on crime in West Covina since the passage of Assembly Bill (AB)
109, Proposition (Prop) 47 and Proposition (Prop) 57; and
2. Direct the City Manager to continue to analyze these impacts to identify any necessary
changes the City Council should support with the California legislature; and
3. Direct the City Manager to work with legislators, the San Gabriel Valley Council of
Governments, the League of California Cities, and other cities to consider legislative
strategies to reduce the negative impacts of AB 109, Prop 47 and Prop 57; and
4. Consider taking a formal position supporting AB 1408 (Calderon); and
5. Consider taking a formal position supporting AB 1554 (Fong); and
6. Consider taking a formal position supporting SB 194 (Anderson); and
7. Direct staff to send letters regarding any particular legislative items the City Council
takes a formal position regarding to both the authors of the bill and our local legislators.
Mayor Pro Tern Spence provided an overview of the item and the various bills.
Motion by Spence and seconded by Warshaw to take a formal position supporting AB 1408 and
SB 194 and direct staff to send letters to the appropriate authors and legislators. Motion carried 5-
0 by the following vote:
AYES: Johnson, Spence, Torna, Wu, Warshaw
NOES: None
ABSENT: None
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Tuesday May 02 2017
Council engaged in discussion regarding the merits of AB 1554 in which Councilman Toma stated
he would abstain.
Motion by Spence and seconded by Johnson to take a formal position supporting AB 1554 and
direct staff to send letters to the appropriate author and legislators. Motion carried 4-0-1 by the
following vote:
AYES: Johnson, Spence, Wu, Warshaw
NOES: None
ABSENT: None
ABSTAIN: Toma
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Cotmcilmembers shall make a brief report or file a written report on any
in attended at City expense)
None
CITY COUNCIL COMMENTS
Mayor Pro Tern Spence announced the last meeting of LA Works will be held on Wednesday, May
10, 2017
Councilman Wu announced that South Hills Academy will holding a 60 year anniversary
celebration on Saturday, May 6, 2017.
Councilman Johnson announced upcoming events of touch-a-truck and Relay for Life 5K on May
13, 2017.
Mayor Warshaw stated the Relay for Life 5K is a fundraiser for cancer, commended and thanked
the volunteers who participated in Community Service Day, announced Small Business Week,
Councilman Toma also commended the volunteers who participated in Community Service Day
and commented on the Relay for Life event on May 13, 2017.
ADJOURNMENT
Mayor Warshwkadjourned the meeting at 10:32 p.m.
'
mitted.by: _
Rosalia A. Bi_itig'Iv,iNie ‘: -
Assistant City Cle-rk
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