05-01-2018 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY MAY 01, 2018,6:00 PM
REGULAR MEETING - CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
Mayor Spence called to order the regular closed session meeting of the West Covina City
Council at 6:01 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey
Avenue, West Covina, California.
ROLL CALL
Present: Councilmember Toma, Councilmember Warshaw, Councilman Wu, Mayor Pro Tem
Johnson, Mayor Spence
Other Present: City Manager Chris Freeland, Assistant City Attorney Ivy Tsai, Assistant City
Manager/Community Services Director Nikole Bresciani, Deputy City Manager Laura Biery,
Human Resources Director Edward Macias, Fire Chief Larry Whithom, Planning Director Jeff
Anderson, Community and Economic Development Manager Paulina Morales
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None
Tuesday May 01, 2018
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: Plaza West Covina Mall APN's: 8474-003-915, 8474-003-918, 8474-003-
940, 8474-007-928, 8474-007-931, 8474-007-932, 8474-007-933, 8474-
007-934, 8474-007-935, 8474-007-939, 8474-007-940
Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow
Negotiating Parties: Starwood Retail Partners
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 617 North Lark Ellen, West Covina
Agency Negotiator: Freeland, Bresciani, Hall Barlow, Tsai
Negotiating Parties: King Trust
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Freeland, Macias, Bresciani, Hall Barlow
Employee Organizations
- Confidential Employees - General Employees
- Maintenance & Crafts Employees - Mid-Management Employees
- Non-Sworn - W.C. Police Management Association
W.C. Police Officers' Association
- W.C. Firefighters' Management Assoc.
W.C. Firefighters' Association, I.A.F.F., Local 3226
Unrepresented Employee Group
- Department Heads
ADJOURNMENT
Mayor Spence adjourned the meeting at 7:01 p.m.
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Tuesday May 01, 2018
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CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY MAY 01, 2018, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
CALL TO ORDER — Mayor Spence called the meeting to order at 7:05 p.m.
INVOCATION — Led by Community Relations Pastor at Faith Community Church & West
Covina Police Chaplain Kelly Dupee
PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tern Johnson
ROLL CALL
Present: Councilmember Toma, Couneilmember Warshaw, Councilman Wu, Mayor Pro Tern
Johnson, Mayor Spence
Staff Present: City Manager Chris Freeland, Assistant City Manager/Community Services
Director Nikole Bresciani, Deputy City Manager Laura Biery, Assistant City Attorney Ivy Tsai,
Police Chief Marc Taylor, Police Captain Richard Bell, Public Works Director Chino Consunji„
Planning Director Jeff Anderson, Fire Chief Larry Whithorn, Interim Finance Director Judy
Lancaster, Assistant City Clerk Rosalia Butler, City Manager Intern Genesis Hill
Tuesday May 01, 2018
REPORTING OUT FROM CLOSED SESSION
Assistant City Attorney Tsai indicated that no reportable action was taken.
CHANGES TO THE AGENDA
City Manager Freeland indicated that there were no changes to the agenda.
PRESENTATIONS
Proclamation proclaiming May 12, 2018 as Fire Service Day
Proclamation proclaiming May 13-19, 2018 as National Police Week
Mayor Spence made adjournment motions in memory of:
1. Dr. David K. Hall
2. Retired West Covina Police Officer Jim Bean
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Phil Kaufman expressed approval regarding giving the residents of West Covina precedence over
non-residents involving the order in which public comments are read.
David Lin shared that he applied for the open Audit Committee member position and stated that
his qualifications made him the best candidate for the job.
Herb Redholtz spoke on Item No. 22 and thanked Mayor Spence for agendizing term limits for
Councilmembers. He also expressed concerns regarding the allowance of West Covina resident
speakers to be prioritized over non-residents, and stated that the Mayor should be allowed to
select the order in which the speakers are heard.
Marsha Solorio shared that she applied for the Audit Committee and stated that her experience
renders her the best candidate for the position.
Bill Elliott thanked the West Covina Police Department and the West Covina Fire Department for
their everyday service and professionalism and expressed concerns regarding the outcome of
Senate Bill 54 (California Values Act) at the Regular City Council Meeting of April 3, 2018.
Alfred Williams expressed concerns regarding Mayor Spence's professionalism at the April 17,
2018 City Council Meeting.
Jim Grivich shared that he applied for the Audit Committee and stated that he had been a member
of the aforementioned committee for two years. He also stated that he would like to continue to
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Tuesday May 01, 2018
serve the City of West Covina as a financial consultant.
Chris Miller spoke on Items No. 13-17, and expressed concerns regarding the City's budget
issues. Mr. Miller also shared his disapproval regarding Item No. 25, and stated that it would be
difficult to distinguish whether or not the public speakers actually reside in West Covina.
JD thanked Police Chief Taylor for keeping the residents safe and shared his concerns regarding
the City's budget. He also expressed concerns regarding prioritizing West Covina speakers over
non-residents.
An unknown speaker expressed concerns regarding safety and traffic concerns on Amar Road and
Westport Street.
Frederick Sykes spoke to City Manager Freeland and asked for an update regarding the
installation of Americans with Disabilities Act (ADA) compliant wheelchair ramps around City
Hall. Mr. Sykes also expressed concerns regarding Mayor Spence's lack of transparency.
Mayor Spence and City Manager Freeland gave responses to speaker inquiries.
CONSENT CALENDAR
APPROVAL OF MEETING MINUTES (receive & file)
1) April 17, 2018 Regular Closed Session Meeting Minutes
April 17, 2018 Regular City Council/Successor Agency Meeting Minutes
A motion was made by Councilmember Torna and seconded by Councilmember Warshaw
to approve the aforementioned meeting minutes. Motion was carried by a vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
CLAIMS AGAINST THE CITY
2) Government Tort Claim Denial
It is recommended that the City Council deny the following Government Tort Claims
and the claimants be notified:
• Lorelay Faussier vs. The City of West Covina
• Wawanesa Insurance ASO Manuel Gonzalez vs. The City of West Covina
• Ernest Hernandez vs. The City of West Covina
A motion was made by Councilmember Toma and seconded by Councilmember Warshaw
to deny the aforementioned Tort Claims. Motion was carried by a vote of 5-0.
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Tuesday May 01, 2018
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
ORDINANCES FOR ADOPTION
3) Replacement and Amendment of West Covina Municipal Code Chapter 8 - Civil
Defense and Emergencies with Chapter 8 - Emergency Organization
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 2339 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING CHAPTER 8 -
CIVIL DEFENSE AND EMERGENCIES WITH CHAPTER 8 - EMERGENCY
ORGANIZATION
A motion was made by Councilmember Toma and seconded by Councilmember Warshaw
to adopt Ordinance No. 2339. Motion was carried by a vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
COMMUNITY & ECONOMIC DEVELOPMENT
4) Auto Plaza Business Improvement District
It is recommended that the City Council receive public testimony and file the report.
A motion was made by Councilm6mber Toma and seconded by Councilmember Warshaw
to receive public testimony and file the report. Motion was carried by a vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
5) Resolution Authorizing Payment and Acceptance of Transfer of Properties and
License Agreement from the Successor Agency to the Former West Covina
Redevelopment Agency to the City of West Covina
It is recommended that the City Council adopt the following resolution to effectuate the
purchase of three (3) parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) and
transfer of the related License Agreement (APN: 8735-002-018) from the Successor
Agency to the former West Covina Redevelopment Agency to the City of West Covina:
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Tuesday May 01, 2018
RESOLUTION NO. 2018-49 - A RESOLUTION OF THE CITY OF WEST COVINA
AUTHORIZING PAYMENT FOR AND ACCEPTANCE OF THREE (3) PARCELS
(APN's: 8735-002-906, 8735-002-909, 8735-002-910) AND RELATED LICENSE
AGREEMENT (APN: 8735-002-018) FROM THE SUCCESSOR AGENCY TO THE
FORMER WEST COVINA REDEVELOPMENT AGENCY
A motion was made by Councilmember Toma and seconded by Councilmernber Warshaw
to adopt Resolution No. 2018-49. Motion was carried by a vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
FINANCE DEPARTMENT
6) Fiscal Year 2017-18 Budget Amendment
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2018-35 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY I, 2017, AND ENDING JUNE 30,
2018 (Fire Department Overtime and Legal Costs)
Councilmember Warshaw pulled Item No. 6 for further discussion, and stated that he
would be voting against item.
A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to
adopt Resolution No. 2018-35. Motion was carried by a vote of 3-2 with Councilmember
Toma and Councilmember Warshaw in opposition.
AYES: Wu, Johnson, Spence
NOES: Toma, Warshaw
ABSENT: None
7) Commercial Rental Business License Amnesty Program
It is recommended that the City Council approve the Commercial Rental Business License
Amnesty Program, as outlined in the staff report.
A motion was made by Councilmember Toma and seconded by Councilmember Warshaw
to approve the Commercial Rental Business License Amnesty Program, as outlined in the
staff report. Motion was carried by a vote of 5-0.
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Tuesday May 01, 2018
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
HUMAN RESOURCES
8) Request for Proposals (RFP) for Third-Party General Liability Claims
Administration Services and Temporary Contract Extension with Carl Warren &
Company
It is recommended that the City Council approve the third amendment to the professional
services agreement with Carl Warren & Company for Third-Party General Liability
Claims Administration Services.
A motion was made by CouncilmenTher Toma and seconded by Councilmember Warshaw
to approve the aforementioned third amendment to the professional services agreement
with Carl Warren & Company for Third-Party General Liability Claims Administration
Services. Motion was carried by a vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
9) West Covina Police Management Association Salary Range Correction
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2018-48 - 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
COVINA POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1,
2015 THROUGH JUNE 30, 2019
A motion was made by Councilmember Toma and seconded by Councilmember Warshaw
to adopt Resolution No. 2018-48. Motion was carried by a vote of 5-0.
AYES: Tom, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
PUBLIC WORKS
10) A Resolution of the City Council of the City of West Covina, California, approving a
List of Fiscal Year 2018-19 Projects Funded by Senate Bill 1: The Road Repair and
Accountability Act of 2017
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Tuesday May 01, 2018
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2018-36 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA APPROVING A LIST OF FISCAL YEAR
2018-19 PROJECTS FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
A motion was made by Councilmember Toma and seconded by Councilmember Warshaw
to adopt Resolution No. 2018-36. Motion was carried by a vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
11) Award of Contract for the Construction of Azusa Avenue Sewer Lift Station
Upgrade - Project No. U-17022
It is recommended that the City Council reject all bids and re-bid the project.
A motion was made by Councilmember Toma and seconded by Councilmember Warshaw
to reject all bids and re-bid the project. Motion was carried by a vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
12) Release of Faithful Performance Guarantee and Labor and Material Bonds for Tract
No. 73043 - City Ventures
It is recommended that the City Council accept all on-site improvements for Tract No.
73043 located at 424 S. Lark Ellen Avenue and authorize the release of Faithful
Performance and Labor and Material Bonds in the amount of $524,970 and $9,770
respectively.
A motion was made by Councilmember Toma and seconded by Councilmember Warshaw
to accept all on-site improvements for Tract No. 73043 located at 424 S. Lark Ellen
Avenue and authorize the release of Faithful Performance and Labor and Material Bonds
in the amount of $524,970 and $9,770 respectively. Motion was carried by a vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
13) Renewal of Landscape Maintenance District No. 4 - Ordering of Engineer's Report
and Preliminary Approval of the Engineer's Report, Declaration of Intent to Set a
Public Hearing to Fund the Maintenance and Operations of the Improvements with
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Tuesday May 01, 2018
the District
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2018-38 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT
DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2018-2019
RESOLUTION NO. 2018-39 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE
CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD
A PUBLIC HEARING ON JUNE 5, 2018 FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND
APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT
Councilman Wu pulled Item No. 13 for further discussion, and requested to vote on Item
No. 13, Item No. 14, and Item No. 15 as a group.
City Manager Freeland gave a brief overview on Items No. 13, 14, and 15, and stated that
there will be no increase in assessments per council direction.
A motion was made by Councilman Wu and seconded by Councilmember Warshaw to
adopt Resolution No. 2018-38 and Resolution No. 2018-39. Motion was carried by a vote
of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
14) Renewal of Landscape Maintenance District No. 6 - Ordering of Engineer's Report
and Preliminary Approval of the Engineer's Report, Declaration of Intent to Set a
Public Hearing to Fund the Maintenance and Operations of the Improvements
within the Districts
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2018-40 - A RESOLUTION OF THE CITY OF COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT
DISTRICT PRUSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2018-2019
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Tuesday May 01, 2018
RESOLUTION NO. 2018-41 - A RESOLUTION OF THE CITY OF COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE
CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD
A PUBLIC HEARING ON JUNE 5, 2018 FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE
OPERATIOIN AND MAINTENANCE OF CERTAIN LANDSCAPING AND
APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT
Councilman Wu pulled Item No. 14 for further discussion.
City Manager Freeland gave a brief overview on Items No. 13, 14, and 15, and stated that
there will be no increase in assessments per council direction.
A motion was made by Councilman Wu and seconded by Councilmember Warshaw to
adopt Resolution No. 2018-40 and Resolution No. 2018-41. Motion was carried by a vote
of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
15) Renewal of Landscape Maintenance District No. 7 - Ordering of Engineer's Report
and Preliminary Approval of the Engineer's Report, Declaration of Intent to Set a
Public Hearing to Fund the Maintenance and Operations of the Improvement within
the District
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2018-42 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE
CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT
DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND
LIGHTING ACT OF 1972 FOR FISCAL YEAR 2018-2019
RESOLUTION NO. 2018-43- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE
CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD
A PUBLIC HEARING ON JUNE 5, 2018 FOR LANDSAPE MAINTENANCE
DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE
OPERATIOIN AND MAINTENANCE OF CERTAIN LANDSCAPING AND
APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT
Councilman Wu pulled Item No. 15 for further discussion.
City Manager Freeland gave a brief overview on Items No. 13, 14, and 15, and stated that
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Tuesday May 01, 2018
there will be no increase in assessments per council direction.
A motion was made by Councilman Wu and seconded by Councilmember Warshaw to
adopt Resolution No. 2018-42 and Resolution No. 2018-43. Motion was carried by a vote
of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
16) Renewal of the Citywide Lighting and Maintenance District and Preliminary
Approval of the Engineer's Report, Declaration of Intent to Set a Public Hearing to
Fund the Maintenance and Operations of the Improvements within the District
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2018-44 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO
PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218
AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF
1972," BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING
MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE
FISCAL YEAR COMMENCING JULY 1,2018
RESOLUTION NO. 2018-45 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE
CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD
A PUBLIC HEARING ON JUNE 19, 2018 TO APPROVE CITYWIDE ASSESSMENTS
COMMENCING IN FISCAL YEAR 2018-2019 TO FUND THE OPERATION AND
MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE
DISTRICT
Councilman Wu pulled Item No. 16 for further discussion.
City Manager Freeland provided a brief overview on Item No. 16.
A motion was made by Councilman Wu and seconded by Councilmember Warshaw to
adopt Resolution No. 2018-44 and Resolution No. 2018-45. Motion was carried by a vote
of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
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Tuesday May 01, 2018
17) West Covina Citywide Sewer Service Charge - Set Public Hearing Date on the
Method of Collection and Fee Increase
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2018-46 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO HOLD
A PUBLIC HEARING ON JUNE 19, 2018 TO APPROVE THE SEWER FEE
ESTABLISHED BY RESOLUTION NO. 2017-55 FOR FISCAL YEAR 2018-2019 AND
TO COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE
COUNTY TAX BILL
Mayor Spence pulled Item No. 17 for further discussion.
City Manager Freeland gave responses and a brief overview on Item No. 17.
A motion was made by Mayor Spence and seconded by Councilmember Warshaw to
adopt Resolution No. 2018-46. Motion was carried by a vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
18) Adoption of the West Covina Active Transportation Plan - Statutory Exemption
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
t) Recommendation: It is recommended that the City Council adopt the West Covina
Active Transportation Plan.
Mayor Spence opened public hearing at 8:05 p.m.
City Manager Freeland gave an additional report and overview of the Active
Transportation Plan (ATP), and explained that this plan needs to be implemented in order
for the City to be considered for any grants.
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Tuesday May 01, 2018
Public Works Director Consunji shared that the ATP provides both a vision and a
strategy for a safer City for pedestrians and motorists, alike. Mr. Consunji also stated that
a consultant from Chen Ryan Associates would give a brief presentation regarding
additional details concerning the aforementioned plan.
Chen Ryan Associates Senior Project Manager Brian Gaze made a PowerPoint
presentation and provided an overview of what the ATP will entail, and how it will
improve the safety of City road ways for pedestrians, bicyclists, and motorists.
Mayor Spence expressed concerns regarding the prioritization of grant money over the
safety of the residents. He also inquired about the bus services of the nearby schools and
if that data would skew the final recommendations for the ATP.
Senior Project Manager Gaze stated that the bus service data was not relevant to the
recommendations made by the consulting firm. He also shared that students from each
school would have to be surveyed to determine their method of transportation to and
from school. In addition, Mi. Gaze expressed that equestrian facilities were not included
in the ATP, and that any recreational transportation would be a separate plan.
Councilman Wu expressed concerns regarding the width of the proposed bike lanes on
Sunset Avenue and Azusa Avenue, and stated that these streets were far too narrow and
congested to include a bike lane.
Public Works Director Consunji addressed Councilman Wu's concerns and stated that
the aforementioned streets were wide enough to include the ATP's proposed bike lanes.
The following speakers were in favor of the item:
Phil Kaufman
Robert Tones
The following speakers were in opposition of the item:
Jim Grivich
Jerri Potras
The following speakers were neutral on the item:
Chris Miller
After seeing no one else wishing to speak from the public, Mayor Spence closed the
Public Hearing at 9:16 p.m. and asked Council if they had any additional comments.
City Manager Freeland gave further responses to speaker inquiries.
Senior Project Manager Gaze gave further responses to Council inquiries.
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Tuesday May 01, 2018
Mayor Spence expressed concerns regarding the cost of the ATP to be implemented in the
City.
Councilmember Warshaw shared his concerns regarding the safety for bicyclists on busy
streets.
City Manager Freeland gave additional responses to City Council inquiries.
Public Works Director Consunji stated that if the Council were to approve this item, it is
up to their discretion to decide on the order of the priorities for implementation of the
ATP.
A motion was made by Mayor Spence and seconded by Mayor Pro Tern Johnson to
remove Walnut Creek Parkway from the Active Transportation Plan. Motion failed to be
approved by a vote of 2-3, with Councilmember Toma, Couneilmember Warshaw, and
Councilman Wu in opposition.
AYES: Johnson, Spence
NOES: Toma, Warshaw, Wu
ABSENT: None
Councilmember Tama suggested for Council to keep Walnut Creek Parkway in the ATP.
Councilmember Warshaw agreed with Councilmember Toma and shared that the Walnut
Creek Parkway should be included in the final plan.
A motion was made by Councilmember Warshaw and seconded by Councilmember Toma
to approve the ATP, with the stipulation that the City Council will decide the order of
priorities for said plan. Motion failed to be approved by a vote of 2-3, with Councilman
Wu, Mayor Pro Tern Johnson, and Mayor Spence in opposition.
AYES: Toma, Warshaw
NOES: Wu, Johnson, Spence
ABSENT: None
A motion was made by Councilman Wu to adopt the West Covina Active Transportation
Plan, with the stipulation that bike lanes and routes on Azusa Avenue, Sunset Avenue,
Aroma Drive, and around school sites be omitted from the aforementioned plan. Due to a
lack of a second motion, item failed to be approved.
City Manager Freeland advised Council that a decision regarding this item would not need
to be made tonight, but that City staff requires Council direction concerning the next steps
for the ATP.
A motion was made by Councilman Wu and seconded by Mayor Pro Tern Johnson to
adopt the West Covina Active Transportation Plan (ATP) with the deletion of Walnut
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Tuesday May 01, 2018
Creek Parkway, and the stipulation that bike lanes and routes located on Azusa Avenue,
Sunset Avenue, Aroma Drive, and around elementary school sites be omitted from the
aforementioned plan. Motion failed to be approved by a vote of 2-3, with Councilmember
Toma, Councilmember Warshaw, and Mayor Spence in opposition.
AYES: Wu, Johnson
NOES: Toma, Warshaw, Spence
ABSENT: None
Councilmember Warshaw expressed concerns regarding the deletion of bike routes in the
City.
Councilmember Toma suggested for all Couneilmembers to review the ATP and make a
decision regarding the plan at the next City Council Meeting.
A motion was made by Councilmember Toma and seconded by Councilmember Warshaw
to continue the Public Hearing on the West Covina Active Transportation Plan at the next
scheduled Regular City Council Meeting on May 15, 2018. Motion was carried 4-1, with
Mayor Spence in opposition.
AYES: Toma, Warshaw,Wu, Johnson
NOES: Spence
ABSENT: None
RECESS — Mayor Spence recessed the City Council meeting at 9:50 p.m. and reconvened the
meeting at 9:59 p.m. with all Councilmembers present to approve the remaining agenda items.
DEPARTMENTAL REGULAR MATTERS'
FINANCE DEPARTMENT
19) Appointment of Audit Committee Members
It is recommended that the City Council appoint one Council Member and one community
member to the City's Audit Committee to serve a two-year term.
Councilmember Toma requested to expand the number of members to the Audit
Committee and to add the other two applicants to the aforementioned committee as well.
Mayor Spence asked Assistant City Attorney Tsai what procedures Council would need to
follow in order to honor Councilmember Toma's request.
Assistant City Attorney Tsai informed the Council that a Resolution would need to be
drafted and brought back to a future City Council Meeting for consideration and approval.
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Tuesday May 01, 2018
A motion was made by Councilmember Toma and seconded by Mayor Spence to re-
appoint Jim Grivich and appoint candidate Marsha Solorio to the Audit Committee for a
two-year term each and appoint David Lin for a one-year term. Motion was carried by a
vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
Mayor Spence requested for City staff to modify the application form to omit salary and
relocation questions for future committee and volunteer applicants.
A motion was made by Mayor Pro Tern Johnson and seconded by Councilman Wu to
appoint Councilmember Warshaw to the Audit Committee for a two-year term. Motion
was carried by a vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
20) Business License Tax Analysis and Ordinance Review
It is recommended that the City Council authorize the City Attorney to draft an ordinance
amending Chapter 14 entitled "License and Business Regulations" of the West Covina
Municipal Code ("Business License Ordinance") that would adopt a new fee structure for
business license taxes based upon Gross Receipts - Classification Based Tax Rates and
direct staff to prepare necessary documents to allow the City Council to call for an
election for voters to consider the amendments to the Business License Ordinance.
City Manager Freeland stated a representative from the company HDL and Interim
Finance Director Lancaster would give the report for this item.
Interim Finance Director Lancaster gave a brief report regarding the Business License
Ordinance and stated that a representative from HDL was available to answer any Council
inquiries.
City Manager Freeland spoke on Item No. 20 and urged Council to approve the
aforementioned item in order for the City to collect supplemental revenue from an
additional source.
Councilman Wu expressed concerns regarding the amount of taxes that business owners
would be required to pay and the fiscal impact on West Covina business owners.
An HDL Representative spoke on the current business licensing structure of the City and
expressed that the amount of tax incurred on a business would directly correlate to the
amount of revenue said business receives. He also shared that a secondary option was
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Tuesday May 01, 2018
available, which included a different tax rate for each business classification. In addition,
this option afforded the most flexibility for increasing revenues while accommodating
certain business categories. Furthermore, the representative stated that staff recommended
the gross receipt option which would benefit the City the most, and was only based on the
primary location the business completed their duties in.
Councilmember Warshaw shared his concerns regarding the procedure for auditing
companies that complete projects in West Covina, but are based outside of the City.
A motion was made by Councilmember Warshaw and seconded by Councilmember Tom
to approve Option No. 2 of the proposed plan, which is to replace all categories with gross
receipts tax. Motion was carried by a vote of 3-2, with Councilman Wu arid Mayor
Spence in opposition.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: Wu, Spence
ABSENT: None
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 41- 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.)
MAYOR MIKE SPENCE
21) Request from Mayor Spence for City Council to Discuss Taking a Formal Position
Opposing AB 931 (Weber) Criminal Procedure: Use of Force by Peace Officers
It is recommended that the City Council discuss whether or not to take a formal position
opposing Assembly Bill (AB) 931 and direct staff to send a letter to the authors, as well as
our local legislators, if a formal position is taken.
Mayor Spence expressed his disapproval of AB 931 and moved to oppose said bill.
Councilmember Warshaw requested for the West Covina Police Department to give
further explanation of AB 931.
Police Chief Taylor gave a brief overview on the aforementioned Assembly Bill and
stated that this change would place peace officers in a sudden dangerous predicament.
Councilmember Toma expressed concerns regarding the language of AB 931.
A motion was made by Mayor Spence and seconded by Councilman Wu to take a formal
position opposing AB 931 (Criminal Procedure: Use of Force by Peace Officers) and
direct staff to send a letter to the authors, as well as our local legislators of City's formal
position. Motion was carried by a vote of 3-0-2 with an Couneilmember Toma and
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Tuesday May 01, 2018
Councilmember Warshaw abstaining.
AYES: Wu, Johnson, Spence
NOES: None
ABSENT: None
ABSTAIN: Toma, Warshaw
22) Request from Mayor Spence for City Council to Discuss Term Limits for City
Council
It is recommended that the City Council discuss whether or not to consider implementing
term limits for City Council.
Mayor Pro Tern Johnson expressed approval regarding Item No. 22.
City Manager Freeland asked Council if the implementation of term limits would be a
ballot measure or an ordinance.
Mayor Spence advised City Manager Freeland to confer with City staff to complete
additional research to determine if an Ordinance needed to be drafted as well.
Councilmember Toma requested for staff to research additional cities to ascertain what
their term limits were for City Council members.
Councilmember Warshaw asked City staff to research which nearby cities are districts and
which ones are at-large.
A motion was made by Mayor Spence and seconded by Mayor Pro Tern Johnson to
implement term limits for City Council. Motion was carried by a vote of 5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
23) Request from Mayor Mike Spence for City Council to Discuss Taking a Formal
Position Supporting AB 1971 (Santiago) Mental Health Services: Involuntary
Detention: Gravely Disabled.
It is recommended that the City Council discuss whether or not to take a formal position
supporting Assembly Bill (AB) 1971 and direct staff to send a letter to the authors, as well
as our local legislators, if a formal position is taken.
A motion was made by Mayor Spence and seconded by Mayor Pro Tern Johnson to take a
formal position and support AB 1971 (Mental Health Services: Involuntary Detention:
Gravely Disabled) and direct staff to send a letter to the authors, as well as our local
legislators of City's position. Motion was carried by a vote of 4-0-1 with Councilmember
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Tuesday May 01, 2018
Toma abastaining.
AYES: Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
ABSTAIN: Toma
COUNCILMEMBER COREY WARSHAW
24) Request from Councilmember Warshaw for City Council to Discuss Initiating a
Code Amendment to Consider Allowing Off-Site Advertising at the West Covina
Auto Plaza
It is recommended that the City Council discuss initiating a code amendment to consider
allowing off-site advertising at the West Covina Auto Plaza.
Councilmember Warshaw spoke on Item No. 24 and shared that all auto dealers who sell
new vehicles should be allowed to advertise on the West Covina Auto Plaza sign to help
city businesses bring in more revenue.
Councilmember Toma expressed concerns regarding the text size of advertisements on the
aforementioned sign.
Assistant City Manager/Community Services Director Bresciani informed Council that
she will forward concerns over to the vendor responsible for posting advertisements on the
Auto Plaza sign.
A motion was made by Councilmember Warshaw and seconded by Councilman Wu to
allow off-site advertising at the West Covina Auto Plaza. Motion was carried by a vote of
5-0.
AYES: Toma, Warshaw, Wu, Johnson, Spence
NOES: None
ABSENT: None
COUNCILMAN TONY WU
25) Request from Councilman Tony Wu for City Council to Discuss Prioritizing
Residents of West Covina During Oral Communications at City Council Meetings
It is recommended that the City Council discuss whether or not to direct the City Attorney
to research the ability for City Council to prioritize residents of West Covina during the
Oral Communications period at City Council Meetings. .
Councilman Wu spoke on Item No. 25 and stated that it should be implemented to allow
residents to voice their concerns about their City before non-residents.
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"
Rosalia A>A3tttler;
Assistant City Cie&
Tuesday May 01,2018
Mayor Spence expressed his disapproval regarding Item No. 25 and stated that the
disarray of the Regular City Council Meeting of April 3, 2018 should not be used as a
precedence for all future meetings.
Councilmember Warshaw shared his disapproval regarding Item No. 25 and expressed
that the order of speakers should be up to the Mayor's discretion.
A motion was made by Councilman Wu and seconded by Mayor Pro Tern Johnson to
prioritize residents of West Covina during the Oral Communications period at City
Council Meetings. Motion was carried by a vote of 3-2 with Councilmember Warshaw
and Mayor Spence in opposition.
AYES: Toma, Wu, Johnson
NOES: Warshaw, Spence
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 COMMENTS
Councilman Wu requested a staff report for the upcoming Regular City Council meeting of May
15, 2018 regarding the reconsideration of a red curb installation on Orange Avenue between
Eldred Avenue and Pacific Lane.
Councilmember Warshaw requested to agendize an item approving several tax measures on the
upcoming ballot.
ADJOURNMENT
Mayor Spence adjourned the meeting at 11;10 p.m.
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