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07-21-2015 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL TUESDAY, JULY 21, 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 7:06 p.m. INVOCATION — Led by Pastor Samuel Martinez, Christian Faith Center PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tern James Toma ROLLCALL Mayor Sykes, Mayor Pro Tern Toma, Councilmembers Spence, Warshaw, Wong REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code $ 54956.9(d)(1) Debbie Dominguez v. City of West Covina CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code § 54956.9(dU State of California Department of Transportation v. West Covina Successor Agency, et al. [Westfield Mall] Tuesday July 21, 2015 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code $ 54957 Title: Interim City Manager CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code & 54957.6 City Negotiators: Mauk, Freeland • Employee Organizations - W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. City Attorney Kimberly Barlow stated in the matter of Conference with Legal Counsel -Existing Litigation of Dominguez v. City of West Covina, a settlement agreement was executed between Dominguez and former City Manager Christopher Chung. Motion carried 4-1 with Spence voting no. Agreement is a public document. No further action was taken in closed session. CHANGES TO THE AGENDA None PRESENTATIONS Mayor Sykes assisted by Police Chief Faulkner introduced the following members of the West Covina Police K-9 program who recently competed in a K-9 competition to test the handlers with their K-9's confidence, control and discipline: Officer Matt Bowman and K-9 Rec who won "Top Dog" overall Officer Bryan Rodriguez and K-9 Reiko who won I't place for patrol protection Officer Jesse Miler and K-9 Rocky who won 4`h place overall Assistant City Manager Freeland announced upcoming Special Olympic events that will be occurring this week. ORAL COMMUNICATIONS - Five (5) minutes per speaker Royall Brown, West Covina resident, spoke on concerns regarding the BKK site. Russ Harms, Wittman Enterprises, as the client liaison with Wittman Enterprises thanked the City for giving them an opportunity to assist the City with their ambulance billing services. John Shewmaker, West Covina resident, addressed his concerns with the Tribune's editorial of the State audit. Elsie Messman, West Covina resident, addressed the State audit, City employee lawsuits, actions taken by past councils, and several items on the agenda. Tuesday July 21, 2015 Gary Gileno, West Covina resident, spoke on his concerns with membership fees, the City General Plan Update and freedom of speech. Bruce Leinbach, West Covina resident, addressed concerns with election recounts. 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/Comnntnity Developnrem Cotmnission request specific items to he removed from the Consent Calendar for separate discussion or action. COMMISSION SUMMARY OF ACTIONS (receive & file) 1) February 11, 2015 Human Resources Commission Regular Meeting April 29, 2015 Human Resources Commission Special Meeting May 13, 2015 Human Resources Commission Special Meeting Motion by Spence and seconded by Warshaw to receive & file. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None CLAIMS AGAINST THE CITY 2) Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claims, and the claimants and/or their respective attorneys be notified: Gilbert Hernandez vs. City of West Covina Ramon Rosales vs. City of West Covina State Farm Insurance (for: Antonio Rodriguez vs. City of West Covina) Motion by Spence and seconded by Warshaw to deny the following Government Tort claims and notify the claimants and/or their respective attorney. Motion carried 5-0. AYES: Spence Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None Tuesday July 21, 2015 CITY MANAGER'S OFFICE 3) Approval of SCORE Small Business Development Program It is recommended that the City Council approve the use of vacant Community Development Commission offices for the SCORE Small Business Development Program as outlined in the staff report. This item was removed from the consent calendar for separate consideration. Councilmember Warshaw voiced his support SCORE. Assistant City Manager Freeland answered questions regarding cliental. Motion by Toma and seconded by Warshaw to approve but to include a two year report to evaluate the effectiveness of the program. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 4) Appointment of City Commissioners by Mayor Pro Tem James Toma It is recommended that the City Council receive and file this informational report. This item was removed from the consent calendar for separate consideration. Mayor Sykes stated that he will not be appointing his commissioners and leave his commissions in place until after the election in November. Motion by Spence and seconded by Wong to receive and file. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None FINANCE DEPARTMENT 5) Continuation of Service Contract with Accent Computer Solutions, Inc. It is recommended that the City Council approve the continued use of Accent Computer Solutions, Inc., to provide our Virtual Server Maintenance and Backup from 7/1/15-6/30/16 for City Hall at a cost not to exceed $36,500. This item was removed from the consent calendar for separate consideration. Finance Director Buhagiar responded to questions and stated there would be a one year review before she would propose a longer contract. Motion by Toma and seconded by Spence to approve. Motion carried 5-0. M Tuesday July 21, 2015 AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 6) Ambulance Billing It is recommended that the City Council award the contract for ambulance billing services to Wittman Enterprises and instruct City staff to prepare the agreement for the City Manager to execute. This item was removed from the consent calendar for separate consideration. Representatives from Wittman Enterprises answered questions regarding revenue projections. Motion by Wong and seconded by Spence to approve. Motion carried 4-1. AYES: Spence, Toma, Wong, Sykes NOES: Warshaw ABSENT: None POLICE DEPARTMENT 7) Award of Bid - Seven Non -Patrol Vehicles for the Police Department It is recommended that the City Council take the following actions: 1. Find that Frontier Ford of Santa Clara is the lowest priced, responsible bidder for the seven Ford vehicles; and 2. Approve a purchase order agreement with Frontier Ford of Santa Clara totaling $248,516.41, from account 117.31.3110.7170. Motion by Spence and seconded by Warshaw to approve. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None PUBLIC WORKS 8) Summary Vacation of Easement for Ingress and Egress Purposes on Lot No.'s 101 and 102 of Tract No. 32324 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUMMARILY VACATING AND ABANDONING OF EASEMENT FOR INGRESS AND EGRESS PURPOSES THAT IS 5 Tuesday July 21, 2015 NO LONGER REQUIRED FOR PUBLIC USE WITHIN THE CITY OF WEST COVINA AND AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION Councilmember Wong abstained due to potential conflict of interest due to the proximity of his residence. Motion by Spence and seconded by Warshaw to approve. Motion carried 4-0. AYES: Spence, Toma, Warshaw, Sykes NOES: None ABSENT: None ABSTAIN: Wong END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 9) Expedited and Streamlined Permitting Procedures for Small Residential Solar Energy Systems and Order Collection of Fees It is recommended that the City Council take the following actions: I. Introduce and waive further reading of the following ordinance: ORDINANCE NO. 2280 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING ARTICLE XVII TO CHAPTER 7 RELATING TO EXPEDITED AND STREAMLINED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS; and 2. Rescind City Council action dated February 16, 2010 that waives solar permit fees and allow staff to collect fees for plans review and inspections in accordance with Senate Bill 1222. Mayor Sykes introduced the hearing matter, Assistant City Clerk Conde verified proper legal notice was given and Mayor Sykes opened the public hear. Staff report presented by Acting Building Official Tang. Staff responded to questions regarding property assessment for tax purposes and solar permit fees. Assistant City Clerk Conde stated no written protests, objections or comments were received. 0 Tuesday July 21, 2015 Mayor Sykes opened the public comment portion of the hearing and with no one wishing to comment Mayor Sykes closed the public comment portion of the hearing. Councilman Spence stated his opposition to lifting ban on fee and needed more information on the reassessment process. Motion by Wong and seconded by Warshaw to introduce and waive further reading of Ordinance No. 2280. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None Motion by Wong and seconded by Warshaw to rescind City Council action dated February 16, 2010 that waives solar permit fees and allow staff to collect fees for plans review and inspections in accordance with Senate Bill 1222 with a fee schedule to come back to Council for adoption. Councilmember Wong opined that a cost for plan review should not be subsidized by the taxpayers. Councilman Spence stated he would not support not knowing what the fees are. Discussion included to discuss fees when brought forward with fee and charge. Motion carried 4-1. AYES: Toma, Warshaw, Wong, Sykes NOES: Spence ABSENT: None SUCCESSOR AGENCY The City Council meeting recessed at 8:28 p.m. to conduct the Successor Agency meeting. The City Council reconvened at 8:55 p.m. with all members present. DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 10) A Regular and an Urgency Ordinance Adopting Section 15-189 (Sex Offender Residency and Loitering Restrictions) of Article I (General) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety), Relating to Certain Sex Offenders It is recommended that the City Council adopt the following ordinance: 7 Tuesday July 21, 2015 URGENCY ORDINANCE NO. 2281 - AN URGENCY ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING SECTION 15-19 (SEX OFFENDER RESIDENCY RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY), RELATING TO CERTAIN SEX OFFENDERS; and that it introduce, give first reading, and waive further reading of the following proposed ordinance enacting Article I of Chapter 15 of the West Covina Municipal Code: ORDINANCE NO. 2282 - AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING SECTION 15-19 (SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY), RELATING TO CERTAIN SEX OFFENDERS City Attorney Barlow presented the staff report reviewing the proposed ordinance which would provide a limited and focused restrictions to sex offenders. City Attorney Barlow stated the proposed urgency ordinance which would take effect immediately while the regular ordinance would not be effective for approximately 45 days. City Attorney Barlow responded to questions. Motion by Spence and seconded by Warshaw to adopt Urgency Ordinance No. 2281 and introduce, give first reading, and waive further reading of Ordinance 2282. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None MAYOR/COUNCILMEMBERS REPORTS None ABI234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councibnembers 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 ofbusincss and must be approved by a majorih, of the City Council/Community Development Commission.) Tuesday July 21, 2015 MAYOR FREDRICK SYKES 11) Request from Mayor Fredrick Sykes Requesting the City Council's Consensus to Instruct City Staff to Prepare a Report on a Code Amendment to Require Discretionary Reviews of Off -Sale Alcohol Uses It is recommended that City Council direct staff accordingly. Mayor Sykes provided an overview of his request to require discretionary reviews of off -sale alcohol uses. Planning Director Anderson responded to questions. Motion by Toma and seconded by Sykes to instruct staff to prepare a report on a Code Amendment to require discretionary reviews of off -sale alcohol uses. Motion fails 2-3. AYES: Toma, Sykes NOES: Spence, Warshaw, Wong ABSENT: None 12) Request from Mayor Fredrick Sykes Requesting the City Council's Consensus to Instruct City Staff to. Prepare a Letter to State Legislators seeking Legislation to Suspend the Public Sale of Fireworks Statewide During a Drought It is recommended that the City Council direct staff accordingly. Mayor Sykes provided an overview of his request to seek legislation to suspend the public sale of fireworks statewide during a drought. Council discussed the issue of hazards being caused by illegal fireworks and the prospect of an administrative fine for the use and possession of illegal fireworks, which includes safe and sane fireworks in West Covina. Motion by Wong and seconded by Warshaw to instruct staff for a report on implementing an administrative fine process for the use of illegal fireworks. Motion carried 5-0. AYES: Toma, Spence, Warshaw, Wong, Sykes NOES: None ABSENT: None COUNCILMEMBER BE, WONG 13) Request from Councilmember Ben Wong Requesting a Report on Los Angeles County Paying for Future Election Recounts It is recommended that the City Council direct staff accordingly. Council discussion regarding recounts and the inaccuracy of the County's ballot machines. 0 Tuesday July 21, 2015 Motion by Spence and seconded by Warshaw to bring back a report to discuss election recounts based on a percentage between victory and losing an election. Motion carried 5-0. AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 14) Request from Councilmember Ben Wong Requesting a Report on Adding a Non- Agendized Oral Communications Portion to the End of the Council Meeting Agenda It is recommended that the City Council direct staff accordingly. Councilmember Wong provided an overview of his request and clarified that the request is not to restrict any comments by the public but to have comments on non-agendized item towards the end of the meeting in order to discuss scheduled business in a timely manner. Motion by Wong and seconded by Toma for a report with a survey of how other cities handle oral communications for non-agendized items and length of oral communication period for both agendized and non-agendized items. Motion carried 3-2. AYES: Toma, Warshaw, Wong NOES: Spence, Sykes ABSENT: None CITY COUNCIL COMMENTS ADJOURNMENT Motion by Spence and seconded by Toma to adjourn the meeting at 9:43 p.m. in memory of Carl Robert Rozatti, former husband of City Treasurer and Ray Howard, widower of former Councilwoman Kathy Howard. Submitted by,: Rosalia A. Conde,'CMC Assistant City Clerk Mayor 10 CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY DULY 21, 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 6:02 p.m. in the City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina. ROLL CALL i-4 Present: Mayor Sykes, Mayor Pro Tem Toma Councilmembers Spence, Warshaw, Wong Others Present: Mauk, Freeland, Barlow, Morales, Crown PUBLIC COMMENTS ON ITEMS ON THE AGENDA None CLOSED SESSION Mayor Sykes commenced the closed session at 6:07 p.m. to discuss the following matter(s): CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Debbie Dominguez v. City of West Covina Tuesday July 21, 2015 CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) State of Cali fornia Department of Transportation v. West Covina Successor Agency, et al. [Westfield Mall] PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code $ 54957 Title: Interim City Manager CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Mauk, Freeland • Employee Organizations - W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. ADJOURNMENT Mayor Sykes adjourned the meeting at 6:40 p.m. �Submitted by: R6salia A. Conde, CMC Assistant Cify Clerk sToma IM, or