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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. muted b Rosalia.A,I , , , -.11 - , ( A nde; 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. 2 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. 5 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 7 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: _29 Rosalia ff`Conde;` MC Assistant City Clerk 0 mayor