09-19-2017 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY SEPTEMBER 19, 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 6:06 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, and Tony Wu
Other Present: City Manager Chris Freeland, City Attorney Kimberly Hall Barlow, Deputy City
Manager Laura Minnich, Assistant City Manager/Community Services Director Nikole Bresciani
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
Fredrick Sykes, West Covina resident, commented on the real property agenda item.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: APN: 8724-013-900 & 8724-013-901
Agency Negotiator: Freeland, Bresciani, Hail Barlow
Negotiating Parties: City of West Covina
RoSalia,k131.itter,"3.
Assistant CitY Clerk,
Tuesday September 19, 2017
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)
Ioannidis vs. City of West Covina (L.A. Superior Court Case No. BC634990)
Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-MRW)
Villasenor vs. City of West Covina (L.A. Superior Court Case No. BS165795)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Freeland, Macias, 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
REPORTING OUT
None
ADJOURNMENT
Mayor Warshaw adjourned the meeting at 7:00 p.m.
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CITY OF WEST COVINA
CITY COUNCIL/SUCCESSSOR AGENCY
TUESDAY SEPTEMBER 19, 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 Dr. Mason Okubo from Immanuel Lutheran Church
PLEDGE OF ALLEGIANCE — Led by Mayor Corey Warshaw
ROLL CALL
Present: Mayor Warshaw, Mayor Pro Tern Mike Spence, Councilmen Lloyd Johnson,
James Toma and 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 Dellino "Chino" Consunji,
Human Resources Director Edward Macias, Police Chief Richard Bell and Assistant City Clerk
Rosalia A. Butler.
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: APN: 8724-013-900 & 8724-013-901
Tuesday September 19, 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)
Ioannidis vs. City of West Covina (L.A. Superior Court Case No. BC634990)
Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-MRW)
Villasenor vs. City of West Covina (L.A. Superior Court Case No. BS165795)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Freeland, Macias, 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 and there was no reportable action taken
during closed session discussion.
CHANGES TO THE AGENDA
City Manager Freeland announced no changes to the agenda.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Mayor Warshaw announced that an individual may submit an orange Agenda Item Position Slip
with their name and position on the agenda item rather than speaking and the positions will be
read into the record when the item is discussed on the agenda.
Elsie Messman, West Covina resident, thanked Police, Fire and Maintenance for assistance when
needed, addressed marijuana cultivation, formation of Council districts, street sweeping,
placement of electric charging stations, and City finances.
Jim Grivich, West Covina resident, addressed marijuana cultivation and commercial sale of
marijuana. '
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Tuesday September 19, 2017
Jerri Potras, West Covina resident, addressed proposed Police Chief salary range increase and
setting precedence, City finances, and expressed her opposition to marijuana cultivation in the
City.
Fredrick Sykes, West Covina resident, expressed his opposition to the sale of open space as
discussed in closed session.
William Elliott, West Covina resident, spoke on the consultant fees for the Police Chief
recruitment and selection process of the new Police Chief.
Dana Sykes, West Covina resident, addressed feral cats and the proposed sale of open space near
the Galaxy community.
John Shewmaker, West Covina resident, addressed the proposed Police Chief salary survey, City
actions taken due to the State Controller's audit, Athens Services fee, and school crossing guards.
Steve Gresham, addressed marijuana cultivation and commercial sales.
Armando Sanchez, West Covina resident, spoke on the proposed sale of land within the Galaxy
community.
Erik Interm ill, West Covina business owner, thanked the Police Department for their response to
an incident to his business, addressed the Conditional Use Permit (CUP) process and Council
districting.
Jefferson DeRoux, West Covina resident, spoke in support of Constitutional Amendments 1 and
2.
City Manager Freeland announced that a Gold Star Banner ceremony will be held in front of the
Civic Center on West Covina Parkway honoring Marine Lance Corporal Ruben Velasco
tomorrow, September 20, 2017 at 6:00 p.m.
City Manager Freeland and staff responded to speakers comments.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call
vote. There will be no separate discussion of these items unless members of the City Council/Community
Development Commission request specific items to be removed from the Consent Calendar for separate discussion or
action.
ORDINANCES FOR ADOPTION
1) Ordinance Requiring Expedited Permitting Procedures for Electric Vehicle
Charging Stations Pursuant to Assembly Bill 1236
It is recommended that the City Council adopt the following ordinance:
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Tuesday September 19, 2017
ORDINANCE NO. 2323 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL
CODE BY ADDING ARTICLE XVIII TO CHAPTER 7 TITLED "PERMIT PROCESS
FOR ELECTRIC VEHICLE CHARGING STATIONS"
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
2) Ordinance Transferring Authority to the Fire Chief for Fireworks Permits at
Public/Private School Sites
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 2324 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 10, ARTICLE II,
SECTION 5608.2 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE
PUBLIC DISPLAY OF FIREWORKS
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
CITY ATTORNEY'S OFFICE
3) Recommended Responses to the Annual Los Angeles County Civil Grand Jury
Report 2016-2017
It is recommended that the City Council authorize the City Manager to respond to the
Presiding Judge of the Superior Court concerning recommendations made by the 2016-
2017 Los Angeles County Civil Grand Jury regarding towing and impound practices.
Motion by Spence and seconded by Johnson to approve as recommended. Motion carried 5-0 by
the following vote:
AYES: Johnson, Spence, Torna, Wu, Warshaw
NOES: None
ABSENT: None
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Tuesday September 19, 2017
CITY MANAGER'S OFFICE
4) Partnership with the National League of Cities Services Line Warranty Program
It is recommended that the City Council authorize the City Manager, or his designee, to
enter into a Non-Royalty Marketing agreement with Utility Service Partners, Inc. (USP)
for an initial term of three years, subject to City Attorney review with an additional (1)
year renewal.
Motion by Spence and seconded by Johnson to approve as recommended. Motion carried 5-0 by
the following vote:
AYES: Johnson, Spence, Torna, Wu, Warshaw
NOES: None
ABSENT: None
5) Police Chief Salary Range Increase & Retiree Medical Benefit Retention
It is recommended that the City Council adopt the following resolution to increase the
salary range of the Police Chief and to amend the Department Heads Summary of Benefits
to allow the suspension of retiree medical benefit for those Department Heads who come
out of retirement to serve the city:
RESOLUTION NO. 2017-77 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADJUSTING THE SALARY RANGE OF
THE POLICE CHIEF AND AMENDING DEPARTMENT HEAD BENEFITS
This item was removed from the Consent Calendar by Councilman Johnson who opined that the
incoming Police Chief should come in at the same salary equal to that of the past retired Police
Chief.
Council discussion included concerns with increase to salary range with existing budget
constraints and annual savings with the suspension of retiree pension and medical payments of
the new incoming Police Chief.
Motion by Spence and seconded by Toma to approve as recommended. Motion carried 3-2 by
the following vote:
AYES: Spence, Toma, Warshaw
NOES: Johnson, Wu
ABSENT: None
FINANCE DEPARTMENT
6) Update on State Controller's Review Report of Administrative and Internal
Accounting Controls and the Audit Report of the Special Gas Tax Street
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Tuesday September 19, 2017
Improvement Fund, Traffic Congestion Relief Fund, and Proposition 1B Fund
It is recommended that the City Council receive and file the update on the State
Controller's Review Report of Administrative and Internal Accounting Controls and the
Audit Report of the Special Gas Tax Street Improvement Fund, Traffic Congestion Relief
Fund, and Proposition 1B Fund.
This item was removed from the Consent Calendar by Councilman Toma for a presentation of a
staff report.
Staff report and update was presented by City Manager Freeland.
Hearing no opposition to receive and file the report, Mayor Warshaw received and filed the
report.
7) Accela Maintenance Agreement
It is recommended that the City Council authorize the City Manager, or his designee, to
execute a two-year maintenance agreement with a third-year renewal option, subject to
City Attorney approval, with Accela for the Permits Plus computer software application in
an amount not to exceed $64,002.05.
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
PUBLIC WORKS
8) Acceptance of Public Improvements for Cameron Avenue Sewer Main
Rehabilitation Project (Project No. U-16030)
It is recommended that the City Council take the following actions:
I. Accept the Cameron Avenue sewer main improvements for Project No. U-16030;
and
2. Authorize recordation of Notice of Completion with the Los Angeles County
Recorder; and
3. Authorize the release of retention funds 35 days after recordation of the Notice of
Completion.
Motion by Spence and seconded by Johnson to approve as recommended. Motion carried 5-0 by
the following vote:
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Tuesday September 19, 2017
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
9) Fiscal Year 2017-18 Budget Amendment
It is recommended that the City Council take the following actions:
1. Adopt the following resolution:
RESOLUTION NO. 2017-88 - 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 (Street Sweeping); and
2. Appropriate expenditures in the amount of $11,048 from Gas Tax fund balance for
increases in the Street Sweeping service contract (Acct# 124.41.4153.6130).
This item was removed from the Consent Calendar by Councilman Wu who expressed concerns
with approving an increase to the street sweeping contract with type quality of service provided.
A brief overview of the increase to the street seeping contract was presented by City Manager
Freeland.
Council discussion included terms of contract and the frequency of service.
Motion by Spence and seconded by Warshaw to approve as recommended. Motion carried 3-2
by the following vote:
AYES: Spence, Toma, Warshaw
NOES: Johnson, Wu
ABSENT: None
10) Senate Bill 1: The Road Repair and Accountability Act of 2017
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2017-94 - A RESOLUTION OF THE CITY COUNCIL OF THE crry OF WEST COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2017-18
BUDGET TO INCORPORATE A LIST OF PROJECTS FUNDED BY SENATE BILL
1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017; and
RESOLUTION NO. 2017-95 - 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 (SB1 Funding)
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Tuesday September 19, 2017
This item was removed from the Consent Calendar by Mayor Pro Tern Spence who expressed
concern with specific wording within the resolution leading to the assumption of support of SB1
in which he had opposed and requested the following be removed from the text of the resolution:
"WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would
have continued to deteriorate, having many and varied negative impacts on our community;"
Motion by Spence and seconded by Johnson to adopt Resolution No. 2017-94 as amended to
remove "WHEREAS, if the Legislature and Governor failed to act, city street and county roads
would have continued to deteriorate, having many and varied negative impacts on our
community;" from the text of the resolution and adopt Resolution No. 2017-95 recommended.
Motion carried 5-0 by the following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
11) Public Hearing Regarding Review of Draft Maps 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
community regarding draft maps 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. Deputy City
Manager Minnich introduced Doug Johnson from National Demographics Corporation (NDC)
who presented a report and PowerPoint presentation regarding the fourteen (14) draft council
district maps submitted by the public and three (3) draft maps submitted by NDC.
Council question included whether school districts were taken into consideration with the
formation of the draft maps submitted by NDC, limitations of street names on interactive maps,
legal criteria of districts, and council representation/lack of representation within draft districts.
Mayor Warshaw opened the Public Testimony period.
Members of the public Juan Reinoso, Fredrick Sykes, R. W. Robinson who submitted a written
document for the administrative record, Dana Sykes, Phil Kaufman, Jim Grivich, Jerri Potras,
John Shewmaker, Jefferson DeRoux, Audrey Lynberg, Alfred Williams, Sandra Delahoussaye,
and Ben Wong commented.
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Tuesday September 19, 2017
With no one else wishing to speak, Mayor Warshaw closed the Public Testimony period.
Council engaged in discussion regarding the pros and cons of council districts.
Mayor Warshaw stated that no action is required as this concludes the third public hearing,
announced two upcoming community meetings scheduled for Saturday, October 7, 2017 at 10:00
a.m. at the Cameron Community Center and Thursday, October 12, 2017 at 6:30 p.m. at the
Senior Center, and encourage individuals to provide feedback on the draft maps either at one of
the community meetings, via email or online at the City City's websitc at
www.westovina.org/Districts.
RECESS — Mayor Warshaw recessed the City Council meeting at 10:10 p.m. and reconvened the
City Council meeting at 10: 22 p.m. with all members present.
DEPARTMENTAL REGULAR MATTERS
CITY MANAGER'S OFFICE
12) City Crossing Guard Services
It is recommended that the City Council provide Staff direction on this matter.
Staff report was presented by City Manager Freeland.
• Council discussion included future of services provided if school districts will not share costs,
savings to City if costs are shared with the school districts, how locations for crossing guards
were identified, future in-depth discussion with school districts, safety concerns with the
elimination of crossing guards, responsibility of the school districts to provide safe crossing, and
contract vs. month to month agreement for remainder of current fiscal year.
Motion by Warshaw and seconded by Johnson to continue with current contract with automatic
renewals, and continue to negotiate with school districts for shared costs of 50% each. Motion
carried 5-0 by the following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
PLANNING DEPARTMENT
13) Code Amendment No. 16-04
Marijuana Regulations (Cultivation)
General Exemption
It is recommended that the City Council provide direction to staff regarding 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
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Tuesday September 19, 2017
Regulations (Chapter 14) section of the Municipal Code as well as changes to Zoning
(Chapter 26).
Mayor Pro Tern Spence presented a brief overview of his request to have the City Council
reconsider their action taken at the September 5, 2017 Council meeting to cease the preparation of
a code amendment to allow the cultivation of marijuana in a manufacturing zone to allow a full
Council to consider the item. [Mayor Warshaw and Councilman Wu were absent at the
September 5, 2017 meeting]
Council discussion included Council honoring request to hold over Police Chief agendized item
from September 5, 2017 for full Council consideration vs. not honoring request by Mayor
Warshaw to hold marijuana regulation over for full Council consideration, numerous previous
discussions and known Council positions, clarification that item is pertaining to cultivation for
medical purposes and not recreational and potential revenue.
Mayor Warshaw announced the item would be received and filed.
POLICE DEPARTMENT
14) "Taking Back Our Community" Program Relating to the Impacts of AB 109 and
Proposition 47 Along with the Anticipated Impacts with the Recent Voter Approval
of Proposition 57
It is recommended that the City Council support the "Taking Back Our Community"
program and participate in the education of the community on the impacts of recent
legislation on policing efforts.
Staff report and PowerPoint presented was presented by Interim Police Chief Bell.
Motion by Johnson 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
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with A8 1234, Councilmembers shall make a brief report or file a written report on any
meeting/event/conference attended at City expense.)
Mayor Pro Tern Spence announced he was unable to attend the League of California Cities
(League) annual conference and reported on the passing of two proposed League resolutions.
Mayor Warshaw report on his and Councilmember Wu's recent visit to China. (Mayor Warshaw
also stated the tip was not an AB1234 Conference and was at no cost to the city.
Councilman Wu also reported on his and Mayor Warshaw's trip to China.
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Rosalia-,1-71Utle , MMC - -
Assistant Ciq7 ,Clerk
Tuesday September 19, 2017
CITY COUNCIL COMMENTS
Councilman Johnson addressed the Red Ribbon Rally and funding and City Manager Freeland
confirmed that the event is funded.
Councilman Toma announced that West Covina Day at the Los Angeles County Fair is on
Thursday, September 21, 2017 and discount coupons are available on the City's website. City
Manager Freeland added that the City will be recognizing Beverly Bultois as the City of West
Covina Hometown Hero.
Councilman Toma also announced a community workshop regarding the Glendora Avenue
project will be held on Wednesday, September 20, 2017 at the Historical Society from 2:00 p.m.
— 7:00 p.m.
ADJOURNMENT
Mayor Warshaw adjourned the meeting at 11:02 p.m. in memory of Julie Sheppard, S.H.O.P.
volunteer and Historical Society member.
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