08-15-2017 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY AUGUST 15, 2017, 6:00 PM
REGULAR MEETING - CLOSED SESSION
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 Edward Macias
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
The following members of the public addressed, Conference with Real Property Negotiators for
the properties located at 1340 East Puente Avenue, 1433 West Puente Avenue, and 1305 East
Cameron Avenue: David Duncan, Lloyd Heald, Janice Hartman, Deborah Kuruthers, Gene
Manners, Jim Grivich, Roberto Rios, Margie Messing, Michelle Kosner, Craig Melaker, Chris
Miller, Daryl Shimmel, Jesus Carrillo, Arturo Gonzalez, Jeanie Johnson, Jerri Potras, Joe Silva,
Arthur Glacier and Theresa Kozad.
Tuesday August 15, 2017
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 1320 East Puente Avenue; 1433 West Puente Avenue;
1305 East Cameron Avenue
Agency Negotiator: Freeland, Bresciani, Hall Barlow
Negotiating Parties: City of West Covina
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Freeman, et al. vs. City of West Covina (U.S. District Court Case No. 2:17-cv-03738)
Matt Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-
MRW)
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, Sahagun, 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
RECESS — Mayor Warshaw recessed the closed session meeting at 7:00 p.m. in order to call to
order the regular meeting of the City Council, and reconvened the closed session meeting at 11:10
p.m. with all members present.
REPORTING OUT
None
ADJOURNMENT
Mayor Warshaw adjourned the meeting at 12:12 a.m.
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Tuesday August 15, 2017
Submitted by:
osalia A. Butler, MMC
Assistant City Clerk
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CITY OF WEST COVINA
CITY COUNCIL/SUCCESSSOR AGENCY
TUESDAY AUGUST 15, 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 7:10 p.m.
INVOCATION — Led by Reverend Leslie Jernal from Citrus Valley Hospice
PLEDGE OF ALLEGIANCE — Led by Councilmember Toma
ROLL CALL
Present: Mayor Corey Warshaw, Mayor Pro Tern Mike Spence, Councilmen Lloyd
Johnson, James Tom, Tony Wu
Staff present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Assistant
City Manager/Community Services Director Nikole Bresciani, Deputy City Manager Laura
Minnich, Planning Director Jeff Anderson, Public Works Director Delfino "Chino" Consunji, and
Assistant City Clerk Rosalia A. Butler.
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code 54956.8
Property: 1320 East Puente Avenue; 1433 West Puente Avenue;
1305 East Cameron Avenue
Tuesday August 15, 2017
Agency Negotiator: Freeland, Bresciani, Hall Barlow
Negotiating Parties: City of West Covina
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Freeman, et al. vs. City of West Covina (U.S. District Court Case No. 2:17-cv-03738)
Matt Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-
MRW)
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.90)(2)
Number of Cases: One (1)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Freeland, Sahagun, 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 direction was given regarding Real Property Negotiations at
1320 East Puente Avenue, 1433 West Puente Avenue, and 1305 East Cameron Avenue, to return
with more information in response to the many public comments received prior to the closed
session discussion and, the City Council will reconvene the closed session meeting at the
conclusion of the regular meeting to hear the remaining items. At the request of the City
Attorney, by a motion by Johnson and seconded by `roma and approved on a 5-0 vote,
Conference with Legal Counsel regarding Anticipated Litigation pursuant to Government Code §
54956.9(d)(2)-one case was added to the closed session agenda for discussion.
PRESENTATIONS
Mayor Warshaw recognized LT Global Investments for their donation to the Shop Local After
School Program by their donation of $2,500 to the West Covina Unified School District and
$2,500 to the Covina Valley Unified School District and presented Wei Huang, Vice President of
Acquisition and Asset Manager for LT Global Investments with a Certificate of Recognition.
Mayor Warshaw, along with Recreation Superintendent Mike Cresap, recognized Brad Manning
as the Community Services Adult Volunteer of the Year awardee, Isabella Johnston as the
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Tuesday August 15, 2017
Community Services Youth Volunteer of the Year awardee, and Robert Scothom as the
Recreation Services Volunteer of the Year awardee.
CHANGES TO THE AGENDA
City Manager Freeland announced that Item #4, City Treasurers Report, will be pulled from the
Consent Calendar to allow City Treasurer Rozatti to present the report and requested that Item
#17, Approval of Marketing Agreement with XG Communities, LLC, clba 5 Bars Communities fOr
Wireless Telecommunications Facilities Consulting Services in the Public Right-of-Way and City-
Owned Buildings and Facilities, be pulled from the Consent Calendar at the request of
Councilmembers for discussion by the City Council.
Adjournment Motions
Mayor Warshaw requested that tonight's meeting by adjourned in memory of Private First Class
Marine Ruben Velasco, a West Covina High School 2016 graduate and City of West Covina
resident.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
William Elliot, West Covina resident, spoke on the Police Chief recruitment and conceal carry
permits.
Frank Williams, West Covina resident and representing the West Covina Bruins, promoted the
West Covina Bruins opening day at Cortez Park on August 19, 2017 starting at 1:00 p.m.
Fredrick Sykes, West Covina resident, supported proposed change to West Covina Municipal
Code relating to sex offenders, supported parking restriction on street sweeping days, and
addressed the transfer of the Community Enhancement Division from the Police Department to
the Public Works Department.
Dana Sykes, West Covina resident, addressed no parking on street sweeping days, and suggested
increasing Community Enhancement staff.
Chris Miller, West Covina resident, spoke on no parking on street sweeping day, requested to
limit blowers, addressed cultivation of marijuana and supported north/south districts.
Jim Grivich, West Covina resident, addressed the proposed proposal for the commercial
cultivation of marijuana.
Craig Melichcr, West Covina resident, addressed Athens Services contract and putting the
contract out for bid.
Herb Redholtz, West Covina resident, spoke on prohibiting parking on street sweeping days, and
transferring Community Enhancement Division from the Police Department to the Public Works
Department.
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Tuesday August 15, 2017
Lisa Mayo, West Covina resident, gave the Council kudos for their accepting criticism from the
public, and commended Councilman Johnson for his speaking at a recent community group
meeting.
Jeni Potras, West Covina resident, thanked staff for the on line council district updates, and
requested to identify the HUD areas within the district maps.
Michael Allen Petersen, West Covina resident, spoke on marijuana cultivation regulations.
Jefferson DeRoux, West Covina resident, addressed street sweeping and no parking on street
sweeping days and the cultivation of marijuana.
Brian and Michelle Cosner, West Covina resident, spoke on the cultivation of marijuana.
RECESS — Mayor Warshaw called for a recessed the City Council meeting at 8:24 p.m. and
reconvened the City Council meeting at 8:36 p.m. with all members present.
City Manager Freeland and staff responded to speakers comments.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to he 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) April 24, 2017 Special Community Town Hall Meeting Minutes
May 2, 2017 Regular City Council Closed Session Meeting Minutes
May 2, 2017 Regular City Council/Successor Agency Meeting Minutes
May 8, 2017 Special Community Budget Workshop Meeting Minutes
May 16, 2017 Regular City Council/Successor Agency Closed Session Meeting
Minutes
May 16, 2017 Regular City Council/Successor Agency Meeting Minutes
Motion by Spence 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
COMMISSION SUMMARY OF ACTIONS (receive & file)
2) May 9, 2017 Community & Senior Services Commission Meeting Summary of
Actions
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Tuesday August 15, 2017
Motion by Spence 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
CLAIMS AGAINST THE CITY
3) Government Tort Claim Denials
It is recommended that the City Council deny the following Government Tort Claims and
the claimants be notified:
Stephen Sweeney vs. The City of West Covina
Joanna Diaz vs. The City of West Covina
Sungei Hoang vs. The City of West Covina
It is recormnended that the City Council reject, return and deny the following Government
Tort Claim and the claimants through their attorney be notified:
West Covina Firefighter's Association, IAFF Local 3226, et al. vs. The City of West
Covina
Motion by Spence 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
INVESTMENT REPORT (receive & file)
4) City Investment Report for the Month Ended June 30, 2017
It is recommended that the City Council receive and file the Investment Report for the
month ended June 30, 2017.
This item was pulled from the Consent Calendar to allow City Treasurer Rozatti to present the
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
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Tuesday August 15, 2017
ABSENT: None
5) Successor Agency Investment Report for the Month Ended June 30, 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 June 30, 2017.
Motion by Spence 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
CITY MANAGER'S OFFICE
6) 2017 League of California Cities Annual Conference Meeting Resolutions
It is recommended that the City Council adopt an official position of support for both
Resolution No. 1 and No. 2 that will be voted on at the 2017 League of California Cities
Annual Conference Meeting on Friday, September 15, 2017.
Motion by Spence 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
7) Assurances and Understandings Regarding Receipt and Use of Measure M Local
Return Funds
It is recommended that the City Council authorize the City Manager to execute the
Assurances and Understandings Regarding Receipt and Use of Measure M Local Return
Funds.
This item was pulled from the Consent Calendar by Mayor Pro Tern Spence and stated that while
Measure M funds can be used for specific eligible projects, asked when the City is going to
detenuine what projects within the City the funds will be used for.
Staff confirmed that Measure M fund received will be included in the annual Capital
Improvement Program projects budget.
Motion by Spence and seconded by Warshaw to approve as recommended. Motion carried 5-0
by the following vote:
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Tuesday August 15, 2017
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
FIRE DEPARTMENT
8) Amendment to Services Agreement with Wittman Enterprises, LLC, for Ambulance
Billing Services and Authorization for Business Associate Agreement with Digital
EMS Solutions, Inc.
It is recommended that the City Council take the following actions:
1. Authorize the City Manager, or his designee, to sign the amendment to the
Professional Services Agreement with Wittman Enterprises, LLC, for ambulance
billing services; and
2. Authorize the City Manager, or his designee, to sign the Business Associate
Agreement between Digital EMS Solutions, Inc., and the City of West Covina.
Motion by Spence 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
HUMAN RESOURCES
9) Resolution Appointing the City of West Covina's Primary Representative and
Alternate to the Big Independent Cities Excess Pool Governing Board
It is recommended that the City Council approve the following resolution:
RESOLUTION NO. 2017-82 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPOINTING A PRIMARY
REPRESENTATIVE AND ALTERNATE TO THE BIG INDEPENDENT CITIES
EXCESS POOL (BICEP) GOVERNING BOARD
Motion by Spence 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
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Tuesday August 15, 2017
10) Approval of Fleet Services Coordinator Job Classification
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2017-83 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING NEW JOB
CLASSIFICATION FLEET SERVICES COORDINATOR
This item was pulled from the Consent Calendar by Councilman Wu who inquired as to whether
there are funds available in the budget for the position and the necessity of the position.
Staff confirmed that the position was included in the Fiscal Year 2017-18 budget and the position
will also assure efficiency with the new public/private partnership with West Covina Ford for
auto shop operations.
Motion by Wu and seconded by Johnson to approve as recommended. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Tom., Wu, Warshaw
NOES: None
ABSENT: None
POLICE DEPARTMENT
11) Award of Bid - Police Department Assembly Room Audio/Video Project
It is recommended that the City Council authorize the City Manager to execute the City's
Standard Public Works Contract with Western Audio Visual to install and upgrade the
audio and video system in the Police Department's Assembly Room, in the amount of
$42,819.
Motion by Spence and seconded by Toma to approve as recommended. Motion carried 5-0 by
the following vote:
AYES: Johnson, Spence, Tema, Wu, Warshaw
NOES: None
ABSENT: None
12) 2017 Justice Assistance Grant from U.S. Department of Justice
It is recommended that the City Council take the following actions:
1. Approve the 2017 Justice Assistance Grant application, totaling $18,377, and
authorize the City Manager to execute all grant related documents; and
2. Adopt the following resolution authorizing the necessary budget amendments:
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Tuesday August 15, 2017
RESOLUTION NO. 2017-84 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30,
2018 (2017 BJA JAG GRANT)
Motion by Spence 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
PUBLIC WORKS
13) Award of Contract for Fire Station No. 4 Emergency Generator Replacement
It is recommended that the City Council accept the bid from Professional Electrical
Services of Montrose, California, in the amount of $38,000, and authorize the City
Manager to execute a contract with Professional Electrical Services for the work to be
completed.
This item was pulled from the consent Calendar by Councilman Wu for more information
regarding the project.
Public Works Director Consunji presented a brief overview of the project.
Motion by Wu and seconded by Johnson to approve as recommended. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
14) First Amendment to Memorandum of Understanding with the County of Los
Angeles Regarding Implementation of the Coordinated Integrated Monitoring
Program for the Upper San Gabriel River Watershed
It is recommended that the City Council authorize the City Manager to execute the First
Amendment to the Memorandum of Understanding with the County of Los Angeles
regarding the administration and cost sharing for implementation of the Coordinated
Integrated Monitoring Program for the Upper San Gabriel River Watershed.
This item was removed from the Consent Calendar by Mayor Pro Tern Spence who expressed
concerns of the cost sharing of West Covina as opposed to other cities entering into
Memorandums of Understanding (MOU) with the County.
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Tuesday August 15, 2017
Public Works Director Consunji presented a brief overview. Council discussion ensued.
Motion by Johnson and seconded by Toma to approve as recommended. Motion carried 4-1 by
the following vote:
AYES: Johnson, Toma, Wu, Warshaw
NOES: Spence
ABSENT: None
15) Lot Line Adjustment No. 194
1033 S. Dancove Drive
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2017-79 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT
NO. 194 LOCATED AT 1033 S. DANCOVE DRIVE AND DIRECTING THE
RECORDATION THEREOF
Motion by Spence 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
16) Summary Vacation of a Portion of S. Sunset Avenue Adjacent to 1360 W. Garvey
Avenue South
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2017-80 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, SUMMARILY VACATING AND
ABANDONING A PORTION OF THE RIGHT-OF-WAY ON S. SUNSET AVENUE
SOUTH OF THE I-10 FREEWAY AND ADJACENT TO 1360 W. GARVEY AVENUE
SOUTH THAT IS NO LONGER REQUIRED FOR PUBLIC USE WITHIN THE CITY
OF WEST COVINA AND AS MORE PARTICULARLY DESCRIBED IN THIS
RESOLUTION
Motion by Spence 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
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Tuesday August 15, 2017
17) Approval of Marketing Agreement with XG Communities, LLC, dba 5 Bars
Communities for Wireless Telecommunications Facilities Consulting Services in the
Public Right-of-Way and City-Owned Buildings and Facilities
It is recommended that the City Council take the following actions:
1. Waive formal contract procedures, in accordance with Municipal Code Chapter 2,
Article VII, Division 2, Sec. 2-333 (i)(2), which states that when successful bidder
for a contract with another county, city, special district or other local agency makes
the same written bid to the city, and the purchasing officer finds that the other local
agency originally obtained the bid pursuant to formal contract procedures at least as
rigorous as those of the city, that the formal contract procedures may be waived; and
2. Authorize the City Manager, subject to City Attorney approval, to execute a
Marketing Agreement with XG COMMUNITIES, LLC (doing business as 5 BARS)
for an initial term of five years (with four renewals of five-years each term for a
potential of 25 years) to provide wireless telecommunications facilities consulting
services in the public right-of-way and City-owned buildings and facilities; and
3. Direct staff to begin working with 5 BARS to implement the Marketing Agreement
and identify appropriate City Assets to include in a License Agreement as soon as
practical.
This item was pulled from the Consent Calendar by Councilman Johnson for further information
including the potential of a 25 year agreement.
City Attorney Barlow presented an overview of the staff report.
Council discussion included the effects of SB 649 and local control and having licensing
agreements in place prior to SB 649 taking effect.
Motion by Johnson and seconded by Spence to approve as recommended. Motion carried 5-0 by
the following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
END OF CONSENT CA_LENDAR
HEARINGS
PUBLIC HEARINGS
18) Public Hearing Regarding the Creation of District Boundaries for District Based
City Council Elections
It is recommended that the City Council hold a public hearing to receive input from the
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Tuesday August 15, 2017
community regarding the creation of City Council District boundaries for District based
City Council elections.
Mayor Warshaw introduced the Public Hearing matter, Assistant City Clerk Butler verified
proper legal notice was given and Mayor Warshaw opened the Public Hearing. City Attorney
Barlow and Deputy City Manager Minnich presented the staff report and a PowerPoint
presentation.
Council questions included number of district maps submitted so far, restrictions on who can
submit a district map, and limitations to which districts will have elections in 2018.
Mayor Warshaw opened the Public Testimony period.
Members of the public Fredrick Sykes, Jerri Potras, Jefferson DeRoux and Armando Sanchez
commented.
With no one else wishing to speak, Mayor Warshaw closed the Public Testimony period.
Council discussion included when the consultant from National Demographics Corporation
(NDC) will be attending the public hearings, public hearing process to create maps as required by
law, and receiving public input as to what is important in the drawing of maps.
Mayor Warshaw stated that no action is required as this concludes the second public hearing,
announced the next public hearing on the creation of district boundaries is tentatively scheduled
for September 19, 2017 and stated more information is available at
www.westeovina.org/Districts.
19) Code Amendment No. 16-07
Off-Sale Alcohol Uses
General Exemption
It is the Planning Commission and staffs recommendation that the City Council take the
following actions:
1. Find that the adoption of the proposed code amendment is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the CEQA Guidelines in that it consists of a code amendment, which
does not have the potential for causing a significant effect on the environment; and
2. Introduce, read by title only, waive further reading and give first reading to the
following ordinance:
ORDINANCE NO. 2320 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 16-07,
RELATED TO OFF-SALE ALCOHOL USES
Mayor Warshaw introduced the Public Hearing matter, Assistant City Clerk Butler verified
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Tuesday August 15, 2017
proper legal notice was given and Mayor Warshaw opened the Public Hearing. Planning Director
Anderson presented the staff report and a PowerPoint presentation.
Council questions included use term undue concentration as defined by the California Department
of Alcohol Beverage Control (ABC), for both on-sale and off-sale of alcohol, conditions allowed
by an Administrative Use Permit (AUP), ordinance language, and permitting of specific sensitive
uses.
Mayor Warshaw opened the Public Testimony period. This was no one wishing to speak,
therefore, Mayor Warshaw closed the Public Testimony period.
Council engaged in brief discussion as to the overall changes with the Code Amendment.
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
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
20) A Regular and an Urgency Ordinance of the City of West Covina, California,
Repealing and Replacing Provisions of Section 15-19 (Sex Offender Residency
Restrictions) of Article I (General) of Chapter 15 (Miscellaneous Provisions Relating
to Public Health and Safety), Relating to Certain Sex Offenders
It is recommended that the City Council take the following actions:
1. Adopt the following Urgency Ordinance:
ORDINANCE NO. 2321 - AN URGENCY ORDINANCE OF THE CITY OF WEST
COVINA, CALIFORNIA, REPEALING AND REPLACING SECTION 15-19 (SEX
OFFENDER RESIDENCY RESTRICTIONS) OF ARTICLE I (GENERAL) OF
CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH
AND SAFETY), RELATING TO CERTAIN SEX OFFENDERS; and
2. Introduce, give first reading, and waive further reading of the following proposed
ordinance enacting Article I of Chapter 15 of the West Covina Municipal Code:
ORDINANCE NO. 2322 - AN ORDINANCE OF THE CITY OF WEST COVINA,
CALIFORNIA, REPEALING AND REPLACING SECTION 15-19 (SEX OFFENDER
RESIDENCY RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15
(MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND
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Tuesday August 15, 2017
SAFETY), RELATING TO CERTAIN SEX OFFENDERS
City Attorney Barlow presented the staff report.
Motion by Spence and seconded by Johnson to approve as recommended. Motion carried 5-0 by
the following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
PLANNING DEPARTMENT
21) Code Amendment No. 16-04
Marijuana Regulations (Cultivation)
General Exemption
It is recommended that the City Council provide direction to staff in processing a Code
Amendment for the commercial cultivation of marijuana in a manufacturing zone to allow
the Planning Commission to consider changes to the Licenses and Business Regulations
(Chapter 14) section of the Municipal Code as well as changes to Zoning (Chapter 26).
Planning Director Anderson presented the staff report.
Council discussion included controversy of the effects of marijuana on cancer patients, security
issues, distance between manufacturers, receiving reports of total gross revenues from
manufacturers, the City utilizing cultivation for revenue, federal government prohibition, banking
limitations, message sent to children with approval of cultivation, business attraction with
allowable cultivation in the city, developing regulations due to legalization of marijuana, having a
business license plan, and imposed taxes.
Motion by Spence and seconded by Johnson to direct staff to move forward with the processing
of a Code Amendment with the Planning Commission reviewing both the Business License and
Zoning sections of the Municipal Code for commercial cultivation of marijuana, come back with
separate tax specific marijuana cultivation options and with a Prop 218 election prior to Code
Amendment taking effect and regulation on laboratory testing.
Motion carried 3-2 by the following vote:
AYES: Johnson, Spence, Warshaw
NOES: To ma, Wu
ABSENT: None
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Tuesday August 15, 2017
MAYOR/COUNCILMEMBERS REPORTS
MAYOR PRO TEM MIKE SPENCE
22) City of West Covina Organizational Memberships
It is recommended that the City Council discuss the various organization memberships
described in the staff report.
Motion by Spence and seconded by Toma to receive and file the report. Motion carried 5-0 by
the following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
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.)
None.
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.)
CITY COUNCIL REQUESTS
23) Request by Mayor Warshaw for City Council to Consider Becoming a Partner with
the National League of Cities Service Line Warranty Program
It is recommended that the City Council consider the report and provide direction to staff
to return to Council with additional information about the process for becoming a partner
if desired.
Mayor Warshaw presented a brief overview of the Service Line Warranty Program (Program).
Council questions included whether there is a cost to the City in becoming a partner, and
difference between Program insurance and current insurances in the market.
Motion by Warshaw 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
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Tuesday August 15, 2017
24) Request from Mayor Pro Tern Mike Spence Requesting the City Council's
Consensus to Dedicate All Successor Agency Property Sale Proceeds Along the
Former BKK Landfill to Pay Off City Bonds on the Property
It is recommended that the City Council direct staff accordingly.
Mayor Pro Tern Spence presented a brief overview.
City Manager Freeland clarified that only Successor Agency proceeds would be applied to the
bond payments.
Motion by Spence and seconded by Warshaw to approve as recommended. Motion carried 5-0
by the following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
25) Request from Mayor Pro Tern Mike Spence Requesting the City Council's
Consensus to Dedicate Sunset Field Lease Proceeds for Shadow Oak Park
Improvements
It is recommended that the City Council direct staff accordingly.
Mayor Pro Tern Spence presented a brief overview of his request to utilize proceeds from the
lease agreement with Citrus Valley Health Partners for Sunset Field for restroom improvements at
Shadow Oak Park.
City Manager Freeland stated that excess park dedication funds used for Orangewood soccer field
and expected Los Angeles County Proposition P funds could be available for Shadow Oak Park.
Motion by Spence and seconded by Wu to dedicate lease proceeds from Sunset Field for Shadow
Oak Park improvements.
Council questions included what will become of the money dedicated to Shadow Oak Park if
Proposition P funds do become available to fully fund the Shadow Oak Park improvements, tying
up the funds from Sunset Field, and to which fund will proceeds go if not dedicated to a specific
project.
Amendment offered by Warshaw to restrict lease proceeds to park improvements or purchase of
parkland, and not to Shadow Oak specific.
Mayor Warshaw called for vote on original motion as proposed by Spence. Motion failed 2-3 by
the following vote:
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Tuesday August 15,2017
AYES: Spence, Wu
NOES: Johnson, Toma, Warshaw
ABSENT: None
Motion by Warshaw and seconded by Johnson to have lease proceeds from Sunset Filed
dedicated to new parkland purchase or park improvements. Motion carried 4-1 by the following
vote:
AYES: Johnson, Toma, Wu, Warshaw
NOES: Spence
ABSENT: None
26) Request from Mayor Pro Tern Mike Spence Requesting the City Council's
Consensus to Examine what Measures Other Cities are Taking to Balance Legal
Protections for the Homeless Population and Ensuring the Protection of Access for
all to Public Facilities
It is recommended that the City Council direct staff accordingly.
Mayor Pro Tem Spence presented a brief overview and express concern with lack of access to
parks/public facilities due to homelessness in such facilities.
Motion by Spence and seconded by Johnson to return with a comprehensive review of laws (i.e.,
camping, loitering, trespassing, etc.), to ensure that the public is aware of resources and the City's
obligation to ensure safe access to parks and public facilities. Motion carried 5-0 by the
following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
27) Request from Councilman Tony Wu Requesting the City Council's Consideration to
Analyze the Adoption of Regulations/Fees on Short-Term Residential Rentals
It is recommended that the City Council direct staff accordingly.
Council Wu presented a request to analyze the adoption of fees on short-term residential rental
(ie., AirBnb, VRBO, etc.).
Motion by Wu and seconded by Johnson to have staff return with a report to analyze the
regulations and fees on short-term residential rentals.
Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
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Tuesday August 15, 2017
ABSENT: None
28) Request from Councilman Tony Wu Requesting the City Council's Consideration to
Prohibit Parking on City Streets on Street Sweeping Days
It is recommended that the City Council direct staff accordingly.
Council Wu shared residents' concerns of lack of streets being cleaned due to cars parked on the
streets with lack of "no parking" signage on street sweeping days and requested to prohibit
parking on streets on street sweeping days.
Council discussion included environmental issues with lack of street sweeping, lack of consistent
street sweeping hours creating parking issues for residents, lack of parking for residents, current
process by residential majority to prohibit parking on street sweeping days, and enforcement of
process.
Motion by Wu and seconded by Toma to prohibit parking on streets on street sweeping days.
Motion failed 2-3 by the following vote:
AYES: Toma, Wu
NOES: Johnson, Spence, Warshaw
ABSENT: None
29) Request from Councilman Tony Wu Requesting the City Council's Consideration to
Transfer the Community Enhancement Division from the Police Department to the
Public Works Department
It is recommended that the City Council direct staff accordingly.
Councilman Wu presented an overview of his request.
Council discussion included the fact that code enforcement officers are not sworn police officers,
lack of compliance with code enforcement when not utilized a "police" identified vehicle or
badge, change of name from Community Enhancement to Code Enforcement, Community
Enhancement employees impersonating police department employees, improved enforcement
through police department, and Public Works employees familiarity of codes.
Motion by Spence and seconded by Toma to support the transfer of the Community Enhancement
Division from the Police Department to the Public Works Department. Motion carried 2-3 by the
following vote:
AYES: Spence, Wu
NOES: Johnson, Toma, Warshaw
ABSENT: None
City Manager Freeland stated that if the Council desires to change the name of the division from
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Tuesday August 15, 2017
Community Enhancement to Code Enforcement the Council may do so as requested by
Councilman Johnson during discussion.
Motion by Johnson and seconded by Spence to direct staff to bring back for Council approval to
change the name of Community Enhancement to Code Enforcement. Motion carried 4-1 by the
following vote:
AYES: Johnson, Spence, Toma, Wu
NOES: Warshaw
ABSENT: None
30) Request from Mayor Pro Tern Mike Spence Requesting the City Council's
Consideration to take a Position on Assembly Bill 20 (Public Employee Retirement
Systems: Divestment: Dakota Access Pipeline)
It is recommended that the City Council direct staff accordingly.
Mayor Pro Tern Spence presented an overview of his request.
Motion by Spence and seconded by Warshaw to oppose Assembly Bill 20.
Council engaged in brief discussion regarding lack of connection between the Dakota pipeline
and the City of West Covina and California Public Employees' Retirement System (CalPERS)
investments.
Motion carried 3-2 by the following vote:
AYES: Spence, Wu, Warshaw
NOES: Johnson, Toma
ABSENT: None
CITY COUNCIL COMMENTS
Councilman Toma commented on the success of the Historical Society Summerfest event.
ADJOURNMENT
Mayor Warshaw adjourned the meeting at 11:02 p.m. and reconvened to closed session agenda
items in the City Manager's Conference Room.
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Tuesday August 15, 2017
n `, '
Submitted by:
. I
Rosaha A:.Butler, MMC
Assistant City Clerk
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