04-07-2015 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL
TUESDAY APRIL 07, 2015, 6:00 PM
REGULAR MEETING — CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE
WEST COVINA, CALIFORNIA 91790
MINUTES
Mayor Sykes called to order the regular closed session meeting of the West Covina City Council
at 6:05 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West
Covina.
ROLL CALL
Present: Mayor Sykes, Mayor Pro Tern Toma
Councilmembers Spence, Warshaw
Others Present: Mauk, Freeland, Whithorn, Faulkner, Franco, Special Counsel Derek Stratsma
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
No comments made.
CLOSED SESSION
Mayor Sykes commenced the closed session at 6:10 p.m. to discuss the following matter(s):
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code S 54956.8
Property: 2121 Shadow Oak Drive
Agency Negotiator: Mauk, Freeland
Tuesday April 7, 2015
Negotiating Parties:
Verizon Wireless
Under Negotiation:
Both price and terms of sale and/or lease
CONFERENCE WITH
REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property:
APN: 8468-016-910 (Sunset Field)
Agency Negotiator:
Mauk, Freeland
Negotiating Parties:
City of West Covina
Under Negotiation:
Both price and terms of sale and/or lease
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code 54956.9(d)(1)
Clue v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Frank Lindsey v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code & 54956.9(d)(1)
Scott Fahey v. City of West Covina
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code & 54957.6
City Negotiators: Mauk, Freeland
• Employee Organizations
- Mid -Management Employees
- W.C. Police Officers' Association
W.C. Firefighters' Management Assoc.
W.C. Firefighters' Association, I.A.F.F., Local 3226
ADJOURNMENT
Mayor Sykes adjourned the meeting at 6:55 p.m.
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Rosalia.A,I , , , -.11 - , ( A
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Assistant City Clerk'
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY, APRIL 07 2015, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
CALL TO ORDER — Mayor Fredrick Sykes called the meeting to order at 7:08 p.m.
INVOCATION — Led by Pastor Mason Okubo, Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE — Led by Councilmember Corey Warshaw
ROLLCALL Mayor Sykes, Mayor Pro Tern Toma,
Councilmembers Spence, Warshaw
REPORTING OUT FROM CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code $ 54956.8
Property: 2121 Shadow Oak Drive
Agency Negotiator: Mauk, Freeland
Negotiating Parties: Verizon Wireless
Under Negotiation: Both price and terms of sale and/or lease
Tuesday April 7, 2015
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code & 54956.8
Property: APN: 8458-016-910 (Sunset Field)
Agency Negotiator: Mauk, Freeland
Negotiating Parties: City of West Covina
Under Negotiation: Both price and terms of sale and/or lease
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code 5 54956.9(d)(1)
CLUE v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Frank Lindsey v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Scott Fahey v. City of West Covina
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code & 54957.6
City Negotiators: Mauk, Freeland
• Employee Organizations
- Mid -Management Employees
- W.C. Police Officers' Association
- W.C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, I.A.F.F., Local 3226
City Attorney Kimberly Barlow stated there was no reportable action taken during closed session.
CHANGES TO THE AGENDA
Interim City Manager Mauk requested that Item 44 be removed from the consent calendar as staff
has a presentation.
PRESENTATIONS
Mayor Sykes called forward Assistant City Manager Freeland who introduced the Community
Services Director, Nikole Bresciani, and the new Public Works Director Delfino "Chino"
Consunji.
Mayor Sykes along with Luanne Arredondo, Fundraising Chair for the City of West Covina's
Special Olympics Host Town Committee recognized Christina Belvedere, General Manager of
Fairfield Inn & Suites for their donation of rooms and breakfast meals for the delegation from
Japan as part of the Special Olympics Host Town program.
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Tuesday April 7, 2015
Mayor Sykes along with Community Services Director Nikole Bresciani recognized Jennifer
Gutierrez as Recreation Services Volunteer of the Year and Don Scheliga as Community Services
Volunteer of the Year.
Mayor Sykes along with Community Services Director Nikole Bresciani accepted a donation of
$4,500 from the West Covina Firefighters' Association to be used for the City's Movies in the
Parks program this summer.
Mayor Sykes presented Colleen Rozatti, President of West Covina Beautiful, with a Proclamation
declaring April 18`" as Arbor Day in West Covina.
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Wen Zhang, West Covina Library, announced upcoming National Library Week and upcoming
library events.
Irene Fleck, West Covina resident, commented on library events including library sales.
Caroline Salinas, West Covina resident and High School student, spoke on her volunteer work at
the West Covina Senior Center and Health Fair at the center tomorrow on April 8.
Phillip Moreno, West Covina resident, addressed a city employee lawsuit and asked Council
questions about the matter in reference to the misuse of city funds.
Elsie Messman, West Covina resident, requested that parking be allowed on Shadow Oak Drive
on Earth Day 2015 as there is not sufficient parking at Shadow Oak Park, requested additional bus
shelter benches, and addressed various city issues.
Lloyd Johnson, West Covina resident, inquired as to how much income the City is receiving from
Big League Dreams and cost to the City, and expressed concern with various City warrants and
utilizing City businesses.
John Shewmaker, West Covina resident, addressed several comments previously made by the
Mayor.
William Elliott, West Covina resident, spoke in support of 2"' amendment and right to carry
concealed weapons, requested the City Council not make an appointment to the vacant council
seat and to leave open until election in November, and spoke in opposition to comments made by
Mayor Sykes and not supporting his re-election.
Gary Gileno, West Covina resident, spoke in opposition to the policy making abilities of regional
board members, such as SCAG, which will effect residents who did not vote to put them in office.
Joe Gardner, West Covina resident, announced a public meeting the West Covina Police Chief
will be attending at the Republican Center in Covina.
Tuesday April 7, 2015
Colleen Rozatti, West Covina City Treasurer, thanked Interim City Manager Mauk who has
enabled her to attend a future California Municipal Treasurers Association Conference to further
her education.
Leonard Good, West Covina resident, brought to the Council's attention dumping activity taking
place at a ravine behind his neighbor's residence.
Michael Silk, Director of Intermedix, spoke in support of his company and requested Council's
reconsider staff recommendation of awarding the Ambulance Billing Services contract and
conduct secondary interviews.
Councilmembers responded to questions and concerns of speakers.
Councilman Spence inquired as to the signing of an amicus brief by the Mayor when there was no
direction by the Council. City Attorney Barlow responded that the Mayor was signing on his own
behalf on not of the entire City Council.
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.
COMMISSION SUMMARY OF ACTIONS (receive & file)
1) March 24, 2015 Planning Commission Summary of Actions
Motion by Toma and seconded by Spence to receive & file. Motion carried 4-0.
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
CLAIMS AGAINST THE CITY
2) Government Tort Claim Denials (deny & notify claimant)
It is recommended that the City Council deny the following Government Tort Claims, and
the claimants and/or their respective attorneys be notified.
Acumen Communication, Inc. vs. City of West Covina
Ho Au vs. City of West Covina
Motion by Toma and seconded by Spence to deny claims and notify the claimants and/or their
respective attorneys. Motion carried 4-0.
Tuesday April 7, 2015
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
TRAFFIC COMMITTEE MEETING MINUTES (accept & file)
3) Traffic Committee Minutes - Meeting of March 17, 2015
Motion by Toma and seconded by Spence to accept & file. Motion carried 4-0.
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
FINANCE DEPARTMENT
4) Comprehensive Annual Financial Report (CAFR) and Other Related Reports for the
Year Ended June 30, 2014
It is recommended that the City Council receive and file these reports.
This item was removed from the consent calendar by Interim City Manager Mauk cis staff will be
providing a presentation. Interim Finance Director Swink gave a brief staff report and PowerPoint
presentation regarding the Comprehensive Annual Finance Report and related reports and audit of
such reports. Swink answered question from Council.
Motion by Toma and seconded by Warshaw to receive and file reports. Motion carried 4-0.
AYES: Spence, Toma, Warshaw, Sykes
NOES: None
ABSENT: None
5) Ambulance Billing Service
It is recommended that the City Council award the contract for ambulance billing services
to Wittman Enterprises of Sacramento, California at 5% of net receipts and authorize the
Mayor to execute the agreement.
This item was removed from the consent calendar for separate consideration. Council discussed
collection rates and amount which is city revenue.
Motion by Warshaw and seconded by Spence to send back for review and to ask firms for a
guarantee and to negotiate a higher retention percentage to the firm for a higher collection rate.
Motion carried 4-0.
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Tuesday April 7, 2015
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
HUMAN RESOURCES
6) Request for Proposals (RFP) for Workers' Compensation Third Party Administration
Services
It is recommended that the City Council instruct City staff to issue the Request for Proposals
(RFP) for Workers' Compensation Third Party Administration Services.
Motion by Toma and seconded by Spence to approve. Motion carried 4-0.
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
PUBLIC WORKS
7) Lot Line Adjustment No. 184
1242, 1246 and 1250 Inspiration Point
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-18 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT
NO. 184 AT 1242, 1246, AND 1250 INSPIRATION POINT AND DIRECTING THE
RECORDATION THEREOF (TAYLOR MORRISON OF CALIFORNIA, LLC)
Motion by Toma and seconded by Spence to approve. Motion carried 4-0
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
8) Letter Supporting Senate Bill 485 Granting Authority to the Los Angeles County
Sanitation Districts (LACSD) to Manage Stormwater and Dry Weather Runoff
It is recommended that the City Council direct City staff to prepare a letter in support of
Senate Bill 485 (SB 485) to be executed by the Mayor and to be forwarded to State Senator
Ed Hernandez and other State Officials representing West Covina.
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
n
Tuesday April 7, 2015
END OF CONSENT CALENDAR
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
9) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) of the West Covina
Municipal Code Regarding Appointment, Removal, Vacancies and Terms of
Commissioners
It is recommended that the City Council introduce, read by title only and waive further
reading of the following Ordinance:
ORDINANCE NO. 2273 - AN ORDINANCE OF THE CITY OF WEST COVINA,
CALIFORNIA AMENDING SECTIONS 2-67, 2-68 AND 2-69(a) OF CHAPTER 2,
ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE REGARDING
APPOINTMENT AND TERMS OF COMMISSIONERS
City Attorney Barlow presented an ordinance to Council incorporating direction provided by
Council as previous meetings and reviewed proposed amendments. Discussion ensued regarding
assignment of current commissioners [appointed by council majority] to a current councilmember
for purpose of current councilmembers making initial appointments, removal provisions of
commissioners,
Motion by Spence to reword proposed ordinance with new language regarding adding registered
voter requirement and removal process and to be brought back at next meeting prior to voting.
Motion failed due to lack of second.
Motion by Toma and seconded by Sykes to amend first reading adding requirement of registered
voter and removal process by appointing Councilmember or 4 votes of the Council. Motion failed
by a vote of 2-2.
AYES: Toma, Sykes
NOES: Spence, Warshaw
ABSENT: None
Motion by Warshaw and seconded by Toma to add registered voter requirement and removal
process to include [incomplete motion due to inaudible full conversation due to lack of
microphones being turned on]. Motion carried 3-1.
AYES:
Toma, Sykes, Warshaw
NOES:
Spence
ABSENT:
None
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Tuesday April 7, 2015
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)
(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.)
COUNCILMAN MIKE SPENCE
10) Request from Councilman Mike Spence requesting the City Council's Consensus to
Instruct City Staff to Prepare a Report Amending Section 15-32 of the West Covina
Municipal Code Related to Possession of Weapons at City Hall being Prohibited
It is recommended that the City Council direct staff accordingly.
Councilman Spence requested to discuss ordinance for repealing or amendments.
Motion by Spence and seconded by Warshaw to agendize for discussion ordinance prohibiting
weapons. Motion carried 3-1.
AYES:
Spence, Warshaw, Sykes
NOES:
Toma
ABSENT:
None
11) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Instruct City Staff to Prepare a Report Repealing City Council Resolution No. 2013-
59 Related to the Opposition of an Off -Sale Alcoholic Beverage License
It is recommended that the City Council direct staff accordingly.
Councilman Spence requested to revisit resolution prohibiting off -sale alcohol at a location outside
the city.
Motion by Spence to agendize for further discussion. Motion failed due to lack of second.
COUNCILMEMBER COREY WARSHAW
12) Request from Councilmember Corey Warshaw Requesting the City Council's
Consensus to Instruct City Staff to Prepare a Letter Supporting Foothill Transit's
Efforts to Operate L.A. County Metro's Bus Line 190 and 194
It is recommended that the City Council authorize the Mayor to sign a letter supporting
Foothill Transit's efforts to operate Los Angeles County Metro Bus Lines 190 and 194, and
forward it to the appropriate parties.
Tuesday April 7, 2015
Councilmember Warshaw stated that Foothill Transit would like to take over operations of Metro
Bus Line 190 and 194 and would like the consensus of the Council to support Foothill Transit.
Motion by Warshaw and seconded by Toma to send letter signed by the Mayor in support of
Foothill Transit to operate Los Angeles County Metro Bus Line 190 and 194. Motion carried 4-
0.
AYES:
Spence, Toma, Warshaw, Sykes
NOES:
None
ABSENT:
None
CITY COUNCIL COMMENTS
Councilman Spence requested that bathrooms at Shadow Oak Park be brought back as part of
Capital Improvement Program budget discussion; inquired as to when the City Council will have
input into the General Plan Update and requested to agendize for discussion the role of the Mayor
and the process to remove the Mayor.
Mayor Pro Tern requested to agendize a report regarding the Governor's decision to impose
reduction of water use and impact to city and residents.
ADJOURNMENT
Motion by Warshaw and seconded by Spence to adjourn the meeting at 9:35 p.m. in memory of
resident Paul Thomas O'Brien Jr. and resident Freddie Scoggan, brother-in-law of retiree Mike
Short.
Submitted by:
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Rosalia ff`Conde;` MC
Assistant City Clerk
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mayor