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.
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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