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10-20-2015 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY OCTOBER 20, 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 6:07 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 Tem Toma Councilmembers Spence (arrived at 6:50 p.m.), Warshaw, Wong Others Present: Freeland, Barlow PUBLIC COMMENTS ON ITEMS ON THE AGENDA None CLOSED SESSION Mayor Sykes commenced the closed session at 6:12 p.m. to discuss the following matter(s): CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code§ 54956.9(d)(1) City of West Covina v. Hassen Imports Partnership, et al. Los Angeles Superior Court Case No. KC048157 Tuesday October 20, 2015 In re Hassen Imports Partnership, Debtor, United States Bankruptcy Court Case No. 2:11-bk- 42068-ER In re Hassen Imports Partnerships, Debtor, United States District Court Case No. 2:13-cv-07532- CAS CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Successor Agency to the Former West Covina Community Development Commission, et at. V. Michael Cohen, et at. (Third District Court of Appeal Case No. C076510) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION: INITIATION OF LITIGATION Pursuant to Government Code 549�56.9(d)(4) Number of Cases: Four (4) ADJOURNMENT Mayor Sykes adjourned the meeting at 6:55 p.m. Submitted by: ' R salia A..Conde; dMC Assistant City Clerk 2 J es Toma ayor CITY OF WEST COVINA CITY COUNCIL/COMMUNITY SERVICES FOUNDATION TUESDAY OCTOBER 20, 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 Councilmember Warshaw ROLLCALL Present: Mayor Sykes, Mayor Pro Tern Toma, Councilmembers Spence, Warshaw, Wong Absent: None REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) City of West Covina v. Hassen Imports Partnership, et al. Los Angeles Superior Court Case No. KC048157 In re Hassen Imports Partn'e'rship, Debtor, United States Bankruptcy Court Case No. 2:11-bk- 42068-ER In re Hassen Imports Partnerships, Debtor, United States District Court Case No. 2:13-cv-07532- CAS Tuesday October 20, 2015 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Successor Agency to the Former West Covina Community Development Commission, et at. V. Michael Cohen, et at. (Third District Court of Appeal Case No. C076510) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION: INITIATION OF LITIGATION Pursuant to Government Code § 54956.9(4)(4) Number of Cases: Four (4) City Attorney Barlow stated action was taken on existing litigation pertaining to litigation with City of West Covina v. Hassen Imports Partnership with a motion by Warshaw and second by Sykes to substitute the City Attorney's Office [Jones & Mayer] in place of Squire, Patton and Boggs for the City and Redevelopment Agency with a unanimous vote. CHANGES TO THE AGENDA City Manager Freeland announce staffs request to carry over to the next meeting the Government Tort Claim of Angela Pinzon vs. City of West Covina. PRESENTATIONS Mayor Sykes called forward Annie Tam, West Covina High School Robotics' team advisor, who introduced the West Covina High School Robotic "ream 968 who won the Chezy Champs Competition, an annual off-season robotics tournament, and presented them with Certificates of Recognition. Mayor Sykes presented David Alfaro and Don Fernald with the West Covina Rotary Club a proclamation designating the week of October 23-31, 2015 as Red Ribbon Week. ORAL COMMUNICATIONS - Five (5) minutes per sneaker Marie Powell, West Covina resident, spoke on issues with homelessness. Lloyd Johnson, West Covina resident, spoke on unpaid legal fees, the City Treasurer's Report, proposed salary adjustments on the agenda, and council endorsements. William Elliot, West Covina resident, spoke on the West Covina Police Offices endorsements in the upcoming election, and the 2"d amendment Forrest Wilkins, West Covina resident, addressed political endorsements and commented on the council candidates. Lisa Mayo, West Covina resident, thanked Mayor Sykes for his commitment to events. Tuesday October 20, 2015 Eric Melnyk, President of the West Covina Police Officers Association speaking on behalf of the Association, spoke on contract negotiation issues. Phil Kaufman, West Covina resident, addressed recount measures and addressed problems with the issue of illegal fireworks. Carolyn Arndt, West Covina resident, spoke on her dissatisfaction of attorney firms Squires Sanders and Alvarez, Glasman & Colvin. Deborah Johnston, President of the West Covina General Employee Association on behalf of the Association, addressed items on the agenda that effect City positions and spoke in opposition to outsourcing of city services. Darrell Shimel, West Covina resident, spoke in support of Agenda Item 22 opposing Assembly Constitutional Amend No. 4 and Senate Constitutional Amendment No. 5. Collen Rozatti, West Covina City Treasurer, addressed the City Treasurer's report and the passing of a West Covina Beautiful Board Member. Bruce Leinbach, West Covina resident, addressed the issue of recounts, spoke in support of Mayor Sykes at the upcoming election Council Members and staff addressed concerns brought forth by residents. 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 CouncillCommunily Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) . April 21, 2015 Regular City Council Closed Session Meeting Minutes • April 21, 2015 Regular City Council Meeting Minutes • May 5, 2015 Regular City Council/Successor Agency Closed Session Meeting Minutes • May 5, 2015 Regular City Council Meeting Minutes Motion by Warshaw and seconded by Toma to receive and file. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None COMMISSION SUMMARY OF ACTIONS (receive & file) 2) • September 22, 2015 Planning Commission Summary of Actions • October 14, 2015 Human Resources Commission Summary of Actions Tuesday October 20, 2015 Motion by Warshaw and seconded by Toma to receive and file. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None CLAIMS AGAINST THE CITY 3) 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: Scott Abrams vs. City of West Covina Lester Herrera vs. City of West Covina Jamey Jimerson vs. City of West Covina George Lozynsky vs. City of West Covina Norma Ortiz vs. City of West Covina Angela Pinzon vs. City of West Covina Martina Sandoval vs. City of West Covina Motion by Warshaw and seconded by Toma to deny the Government Tort Claims and notify the claimants and/or their respective attorney with claim of Angela Pinzon vs. West Covina to be carried over to the next meeting. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None APPROVAL OF FINAL MAP 4) Approval of Final Map for Tract Map No. 72133 Location: 4141 S. Nogales Street Subdivider: Valley Nogales 2469, LLC. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT MAP NO. 72133 LOCATED AT 4141 S. NOGALES STREET (VALLEY NOGALES 2469, LLC.) Motion by Warshaw and seconded by Toma to approve. Motion carried 5-0 as follows: 91 Tuesday October 20, 2015 AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None TREASURER'S REPORT (receive & file) 5) City Treasurer's Report for the Month Ended August 31, 2015 It is recommended that the City Council receive and file the report. Motion by Warshaw and seconded by Toma to receive and file. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None COMMUNITY SERVICES DEPARTMENT 6) Award of Bid Printing of Discover West Covina It is recommended that the City Council: 1. Award bid to Advantage Inc., for the printing of the Discover West Covina Newsletter at an annual cost not to exceed $28,734; and 2. Authorize the City Manager to execute a contract for a 3-year term with Advantage Inc. Motion by Warshaw and seconded by Toma to approve. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None FINANCE DEPARTMENT 7) Adoption of 401(A) Governmental Money Purchase Plan It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO ESTABLISH A 401(A) DEFERRED COMPENSATION PLAN WITH ICMA RETIREMENT CORPORATION This item was removed.from the Consent Calendar.for separate consideration. 5 Tuesday October 20, 2015 Council discussion included implementation cost for plan and offering of plan to employees through meet and confer process. Motion by Warshaw and seconded by Toma to adopt Resolution No. 2015-79. Motion carried 5- 0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 8) West Covina Community Services Foundation Fiscal Year 2014-2015 Annual Report It is recommended that the West Covina Community Services Foundation Board of Directors receive and file the West Covina Community Services Foundation's Fiscal Year 2014-2015 Annual Report. This item was removed from the Consent Calendar for separate consideration. Mayor Pro Tem Toma left the dais due to a conflict of interest due to his employment of overseeing non-profit organizations. Councilman Spence expressed concerns with the by-laws which include lack of provisions for filling of a vacancy, liability insurance for Board of Directors and waiving of event fees. Brief discussion ensued. Motion by Wong and seconded by Warshaw to receive and file the annual report. Motion carried 4-0 as follow: [Mayor Pro Tern Toma did not participate] AYES: Spence, Warshaw, Wong, Sykes NOES: None ABSENT: Toma (due to conflict of interest) FIRE DEPARTMENT 9) Ratify the Sixth Amendment to Services Agreement between the Regents of the University of California and the City of West Covina, to Provide Continuing Education and Other Services for the West Covina Fire Department It is recommended that the City Council ratify the Sixth Amendment to the Services Agreement with the Regents of the University of California, on behalf of the UCLA Medical Center. This item was removed from the Consent Calendar for separate consideration. Fire Chief' Whithom responded to questions regarding the increase of fees and tracking of training hours. Tuesday October 20, 2015 Motion by Wong and seconded by Spence to ratify the Sixth Amendment to the Services Agreement as presented. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None HUMAN RESOURCES 10) Approval of a New Position Class Specification for Accounting Technician It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR ACCOUNTING TECHNICIAN This item was removed from the Consent Calendar for separate consideration. Motion by Wong and seconded by Warshaw to hold over to next meeting for further review and additional information. Motion carried 4-1 as follows: AYES: "Coma, Warshaw, Wong, Sykes NOES: Spence ABSENT: None 11) Approval of Salary Range Adjustment for Assistant City Manager and Police Chief It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE SALARY RANGE ADJUSTMENT FOR ASSISTANT CITY MANAGER AND POLICE CHIEF This item was removed from the Consent Calendar for separate consideration. City Manager Freeland presented an overview of the staff report which requests a salary adjustment for both the Assistant City Manager and Police Chief following a salary survey of the two positions. Motion by Warshaw and seconded by Wong to adopt Resolution No. 2015-77. Motion carried 4-1 as follows: AYES: Toma, Warshaw, Wong, Sykes NOES: Spence ABSENT: None 7 Tuesday October 20, 2015 12) Appointing the City of West Covina's Primary Representative and Alternate to the Big Independent Cities Excess Pool (BICEP) Governing Board It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING A PRIMARY REPRESENTATIVE AND ALTERNATE TO THE BIG INDEPENDENT CITIES EXCESS POOL Motion by Warshaw and seconded by Toma to adopt Resolution No. 2015-78. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None PUBLIC WORKS 13) Award of Contract for Soils and Material Testing Services Consultants for Support on Various Capital Improvement Program Projects on an As -Needed Basis It is recommended that City Council award a one-year contract with three one-year extensions to RMA Group, Geo-Advantec, Inc., Ninyo & Moore, and Southwest Inspecting & "resting, Inc. for soils and materials testing services on an as -needed basis, and authorize the City Manager and City Clerk to execute the agreements with said firms to provide professional services in the amount not to exceed $25,000 per year. Motion by Warshaw and seconded by Toma to approve as presented: Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 14) Approval of Change Order to Install Glass Enclosure for Shower Stalls at Fire Station No. 1 - Project No. BP-15303 It is recommended that the City Council approve a change order in the amount of $5,185 to install two glass shower enclosures as part of shower stall repairs at Fire Station No. 1. Motion by Warshaw and seconded by Toma to approve. Motion carried 5-0 as follows: 9 Tuesday October 20, 2015 AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 15) 2015 Congestion Management Program (CMP) Conformance Self -Certification and Local Development Report (LDR) It is recommended that the City Council hold the public hearing and adopt the following resolution: RESOLUTION NO. 2015-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 Mayor Sykes announced the Public Hearing matter, Assistant City Clerk Conde verified that proper legal notice was given and Mayor Sykes opened the hearing. Planning Director Anderson presented the staff report. Mayor Sykes opened the Public "Testimony period. With no one wishing to speak, Mayor Sykes closed the Public Testimony period. Motion by Spence and seconded by Toma to adopt Resolution No. 2015-80. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 16) Ordinance Regarding Article XI (Local Officer Elections) of Chapter 2 (Administration) Relating to City Officer Election Recounts I Tuesday October 20, 2015 It is recommended that the City Council introduce, give first reading, and waive further reading of the following proposed ordinance enacting Article XI of Chapter 2 of the West Covina Municipal Code: ORDINANCE NO. 2285 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING ARTICLE XI (LOCAL OFFICER ELECTIONS) OF CHAPTER 2 RELATING TO CITY OFFICER ELECTION RECOUNTS City Attorney Barlow presented an overview of the item and stated that State law does prohibit the direction that was provided by the Council; therefore, in order to follow the spirit of the Council's direction the City Attorney's Office has drafted an ordinance which would allow a voter who requested a recount to request reimbursement from the City whenever the margin of victory is that as set by the Council. Council discussion included current State recount provisions, current County recount process and costs, mechanism for a voter to request a recount in order to request a reimbursement by the City. In order for the City Attorney to incorporate language into the proposed ordinance the Council concurred to have the revised ordinance be brought back for first reading at an upcoming special meeting. Motion by Warshaw and seconded by Spence to bring back for first reading and introduction an ordinance relating to City officer election recounts. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None COMMUNITY DEVELOPMENT COMMISSION 17) West Covina Business Assistance Program It is recommended that the City Council approve the proposed guidelines for the Economic Development Job Creation Program. Senior Project Manager Morales presented a brief overview of the proposed guidelines for the economic Development Job Creation Program which was carried over from the previous council meeting. Council engaged in lengthy discussion regarding various pros and cons of the proposed guidelines. Motion by Toma and seconded by Wong to approve the proposed job creation program guidelines as presented in the staff report with the reduction of jobs created Citywide reduced from 50 to 25 and jobs created in the downtown from 20 to 10. Following further lengthy discussion; motion failed 2-3 as follows: 10 Tuesday October 20, 2015 AYES: Toma, Warshaw NOES: Spence, Wong, Sykes ABSENT: None Motion by Warshaw and seconded by Wong to send back to staff to research for criteria in other cities. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None FINANCE DEPARTMENT 18) Business License Operations Management & Compliance It is recommended that the Council take the following actions: 1. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330(c), which states that professional services shall be exempt from all formal and informal bidding procedures, approve the agreement for HdL Companies (HdL) to provide the City with Business License Compliance and Operations Management Services along with Consulting Services for a Business Tax Analysis and Ordinance Review; and 2. Approve the reclassification of the Business License Inspector to Accounting Technician and eliminate the job classification of Business License Inspector. Finance Director Buhagiar presented the staff report. Council discussion included reclassification of proposed position and the ability to approve the proposed agreement while holding over the proposed reclassification of the Business License Inspector position, guarantees of EIdL, business license application procedures, and request for a listing of cities who contract with HdL for same services and their performance. Motion by Wong and seconded by Warshaw to hold item over to the next meeting. Motion carried 4-1 by the following vote: AYES: Toma, Warshaw, Wong, Sykes NOES: Spence ABSENT: None PLANNING DEPARTMENT 19) Status Update on Processing of the General Plan Update Tuesday October 20, 2015 It is recommended that the City Council receive and file the report. Planning Director Anderson provided a status update of the General Plan Update. Motion by Warshaw and seconded by Sykes to receive and file the report. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None 20) Ordinances for Adoption Code Amendment No. 14-01 Adult Oriented Business Standards Repeal of Moratorium on Prohibition of Approving Adult Oriented Businesses It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2283 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO ADULT ORIENTED BUSINESSES It is recommended that the City Council introduce the following ordinance: ORDINANCE NO. 2284 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING ORDINANCE NO. 2256 PROHIBITING APPROVALS FOR THE OPERATION OF ADULT ORIENTED BUSINESSES Planning Director Anderson presented the staff report. Motion by Wong and seconded by Warshaw to adopt Ordinance No. 2283 as presented and to introduce Ordinance N. 2284 as presented. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None RECESS — Mayor Sykes called for a recess at 10:00 p.m. The City Council reconvened the City Council meeting at 10:05 p.m. with all members present. SUCCESSOR AGENCY The City Council meeting recessed at 10:05 p.m. to conduct the Successor Agency meeting. The City Council reconvened at 10:07 p.m. with all members present. 12 Tuesday October 20, 2015 MAYOR/COUNCILMEMBERS REPORTS None AB1234 Conference and Meeting Report (verbal, if any) (In accordance withAB 1234, Councilmembers shall make a brie/report or file a written report on any meeting/evendconference attended at City expense) None CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (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 mast be approved by a majority of the City Council/Community Development Commission.) COUNCILMAN MIKE SPENCE 21) Request from Councilman Mike Spence Requesting the City Council's Consideration to Develop a Civic Openness in Negotiations Process It is recommended that the City Council direct staff accordingly. Motion by Spence and seconded by Wong to develop a Civic Openness in Negotiations process similar to that of the City of Costa Mesa and bring back to a subsequent meeting. Motion carried 4-1 by the following vote: AYES: Spence, Warshaw, Wong, Sykes NOES: Toma ABSENT: None 22) Request from Councilman Mike Spence Requesting the City Council's Consideration to Oppose Assembly Constitutional Amendment No. 4 and Senate Constitutional Amendment No. 5 It is recommended that the City Council direct staff accordingly. Motion by Spence to oppose Assembly Constitutional Amendment No. 4 and Senate Constitutional Amendment No. 5. Motion dies due to lack of second. COUNCILMEMBER COREY WARSHAW 23) Request from Councilmember Corey Warshaw to Consider Modifications to Glendora Avenue It is recommended that the City Council direct staff accordingly. 13 Tuesday October 20, 2015 Motion by Warshaw and seconded by Sykes to consider modifications to Glendora Ave., and bring back to a subsequent meeting. Motion carried 5-0 as follows: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None COUNCILMEMBER BEN WONG 24) Request from Councilmember Ben Wong Requesting the City Council's Consideration to Adopt Administrative Fines for Possession or Use of Illegal Fireworks It is recommended that the City Council direct staff accordingly. Motion by Wong and seconded by Sykes to consider the adoption of an ordinance implementing administrative fines for possession or use of illegal fireworks, and bring back to a subsequent meeting. Motion carried 5-0 by the following vote: AYES: Spence, Toma, Warshaw, Wong, Sykes NOES: None ABSENT: None ADJOURNMENT Motion by Warshaw and seconded by Wong to adjourn the meeting at 10:34 p.m. in memory of Sue Costello and former Monrovia Mayor Robert Bartlett. Submitted by: Rosalia A: Conde;IyIC Assistant City Clerk &JaesToma 14